30-81 PATIO HOMES.

a. Developments consisting of patio homes shall receive subdivision or site plan approval, and shall have public or private central water supply and a central sanitary sewer system approved by appropriate state and local agencies.

b. Patio home developments shall be bound to a unified architectural scheme. Adequate controls shall be established to prevent departures from the approved architectural scheme, and all permissible variations, additions and modifications shall be clearly set forth in the architectural controls and reviewed by the Planning Board during the application for preliminary approval. All units shall be part of a homeowners association, which shall be charged with primary responsibility for maintaining the architectural controls.

c. The unified architectural scheme shall address architectural, landscaping and amenity controls so that the overall project appearance is coordinated and interrelated. Items to be addressed shall include the color and exterior of materials of proposed buildings, fences, walls and other structures; and proposed landscaping, including screening materials and foundation plantings.

d. To promote privacy, fences may be located along the front, side or rear lot lines, and walls may be located along the rear lot line and side lot line beyond the front yard. All fences and walls shall be compatibly designed in relation to all other fences and walls, but may be distinguished by such design features as color and materials.

e. Windows may be provided on the first and second story of dwelling units, provided that the windows along the sides of adjoining units shall be offset and not opposing in order to promote privacy. (Ord. No. 96-14)

30-82 PRESERVATION AREAS.

a. Public access for pedestrians shall be provided in preservation areas where shown in the Master Plan. The location of public access ways shall conform with the Township's planned greenway network as shown in the Master Plan. The design of public access ways shall conform with the requirements of Section 30-112 for trails.

b. Conservation easements consistent with the requirements of this section shall be placed on all preservation areas.

c. Rainwater gardens, wet ponds, constructed stormwater wetlands, pipes for the conveyance of stormwater and outlet structures permitted by a County, State or Federal agency are permitted in preservation areas. Detention basins and/or infiltration basins shall be permitted if required by a municipal, County or State agency.

d. Activities permitted in preservation areas prior to the release of liability pursuant to the performance guaranty submitted for improvements in such areas include the following:

1. Landscaping in accordance with approved plans.

2. Demolition of structures in accordance with approved plans.

3. Restoration and enhancement of plantings, including the removal of dead or diseased trees, thinning of trees and growth, and the removal of trees to allow for structures permitted by a municipal, County or State agency.

4. Activities necessary to enhance water bodies in accordance with approved plans.

5. Protection of streams from siltation.

6. Installation of any and all improvements permitted by municipal, County and State agencies, including greenway trails and related structures.

7. Minor grading necessary to effectuate the above-listed activities.



e. Activities permitted in preservation areas following the release of liability pursuant to the performance guaranty submitted for improvements in such areas include protection of streams from siltation, maintenance of open space in as close to its natural state as possible, and the maintenance, repair, restoration and replacement of previously installed improvements.

f. Preservation areas may be dedicated to a homeowners' association meeting the requirements of paragraph b.7 in Section 30-55. Alternatively, preservation areas may be deeded to the Township, at the developer's option and conditional on the Township's acceptance of such areas.

g. Preservation areas shall be delineated from building lots with monuments. Additionally, on each individual building lot adjoining a preservation area, fencing and/or a vegetated buffer area shall be provided to delineate the lot from the preservation area.

h. Preservation areas shall not be subdivided into individual building lots. (Ord. No. 2005-32 § VII; Ord. No. 2006-19 § VI)

30-83 RESERVATION AREAS.

a. Public access for pedestrians shall be provided in reservation areas where shown in the Master Plan. The location of public access ways shall conform with the Township's planned greenway network as shown in the Master Plan. The design of public access ways shall conform with the requirements of Section 30-112 for trails.

b. Landscape easements should be placed on all reservation areas.

c. Reservation areas are intended to be used for a variety of activities including passive recreation, historic preservation, farming, stormwater management and landscaping. Activities permitted in reservation areas shall include, but not be limited to, those listed in Section 30-82d. and e. Additionally, in reservation areas, all such activities shall be permitted both before and after the release of performance guarantees. Stormwater management facilities including detention basins are permitted in reservation areas, although such areas shall only qualify as "open space" if they meet the definition of "open space" in this chapter.

d. Reservation areas shall be maintained in one (1) of the following ways:

1. Reservation areas may be dedicated to a homeowners' association meeting the requirements of paragraph b.7 in Section 30-55.

2. Reservation areas may be deeded to the Township, at the developer's option and conditional on the Township's acceptance of such areas.

3. Reservation areas to which a farmland easement has been applied may be privately owned by an individual, corporation or other entity, provided that the land remains in compliance with the terms of the farmland easement.

e. Reservation areas shall be delineated from building lots with monuments. At the discretion of the approving authority, the delineation may be further supplemented with one or more of the following: signs, fencing, and/or landscape buffering.

f. Other than greenway trails and playground and fitness trail equipment, reservation areas shall not include active recreation facilities except in the locations shown in the Master Plan.

g. Reservation areas shall not be subdivided into individual building lots. However, not more than one (1) single-family residence may be constructed on a reservation area to which a farmland easement is applied, provided that:

1. A residual dwelling site area meeting the requirements of Section 30-58B shall be delineated for such residence.

2. The residual dwelling site area shall not be counted as open space for the purposes of this chapter.

3. The residence and structures accessory thereto shall not extend outside the delineated residual dwelling site area.

4. If the reservation area is part of a subdivision, the number of permitted building lots in the subdivision shall be reduced by one (1) for each delineated residual dwelling site area within reservation areas within the subdivision. (Ord. No. 2005-32 § VIII; Ord. No. 2005-38 § III; Ord. No. 2006-19 §§ VII)

30-84 - 30-86 RESERVED.

30-87 PERFORMANCE STANDARDS.

a. Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property.

b. Air, Water and Environmental Pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, current, applicable State and Federal regulation. No permit shall be issued for any use where a State permit is required until the State has ascertained and approved the level and quality of emission, type and quality of emission control and level of monitoring to be conducted.

c. Storage and Waste Disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces, such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property, except under conditions approved by the Fire Department. No bulk storage of materials or equipment shall be in any front yard nor closer to any street line than one hundred (100) feet nor closer to any side or rear lot line than the minimum setback for principal buildings nor be higher than ten (10) feet. Each site shall be provided with an area(s) properly screened and concealed from any parking area or adjacent property for the orderly deposit and pickup of trash and garbage in accordance with an approved site plan. The screening shall be in accordance with landscaping requirements of the Holmdel Development Design Manual and the buffer provisions of this chapter. Bulk storage areas shall be paved with bituminous concrete or equivalent surface material of sufficient strength to accommodate the anticipated use. (1976 Code § 78-54; Ord. No. 3-82)

30-88 PLANNED DEVELOPMENTS.

The approving authority shall find the following:

a. The planned development provisions of this chapter shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

b. Proposals for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the Homeowners' Association provisions in Section 30-68. The amount, location and purpose of the common open space shall be adequate for the use intended.

c. The design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.

d. The development will not have an unreasonably adverse effect upon the area in which it is proposed to be established.

e. In the case of a proposed development which contemplates construction over a period of years, there shall be adequate terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development upon the total completion of the development.

f. Before final approval of a development, the applicant shall submit a schedule for completion of the development plan in one (1) or more stages, including the location and mix of housing types in each stage. The housing mix at the end of any stage shall not deviate more than twenty (20%) percent from the approved final mix of unit types. Failure to meet the schedule of development shall mean that no other sections of the development or new development by the same principals shall be considered by the approving authority until the section in default is completed. (1976 Code § 78-55; Ord. No. 3-82)

30-89 PRINCIPAL USE.

No lot shall have more than one (1) principal permitted use or one (1) principal building, except that nonresidential and certain residential developments normally having more than one (1) principal building and/or a mix of uses may be permitted more than one (1) principal use or building on a lot provided the development has site plan approval and all buildings comply with all yard, industrial or office park requirements. Examples of developments having more than one (1) principal use or building include shopping centers, industrial complexes, office developments, motels and conference centers, townhouses and other multi-family complexes, and mobile home parks. (See Section 30-3c.) (1976 Code § 78-56; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 90-32)

30-90 PUBLIC UTILITIES.

All public services shall be connected to approved public utilities systems where they exist.

a. The distribution supply lines and service connections shall be installed underground, except that lots which abut streets with existing overhead electric or telephone lines may be supplied from those overhead lines, but the service connections shall be installed underground. Should a road widening or an extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

b. Where soil conditions, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section in accordance with Section 30-32. If overhead lines are permitted as the exception, pole locations shall avoid horizons, there shall be selective tree cutting and a staggered alignment, and trees shall be planted in key locations to minimize the view of the poles and alignments, which poles shall follow rear lot lines and other interior locations and similar considerations to lessen the visual impact. (1976 Code § 78-57; Ord. No. 3-82)

30-91 SANITARY SEWERS.

If a central sewage treatment and collection system is accessible, the developer shall connect to the system. If on-site systems are proposed, the required data in subsection 30-36.3r. shall be submitted. (1976 Code § 78-58; Ord. No. 3-82)

30-92 RESERVED.

30-93 SHADE TREES.

Except as otherwise provided in subsections 30-103j. and k., all trees shall be planted no further than fifty (50) feet apart along all new streets located twenty (20) feet from the edge of paving and shall be balled and burlapped, nursery grown, free from insects and disease, of substantially uniform size and shape, with straight trunks and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted, unless it can be shown that grading requirements or thinning necessitates removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform with adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season. Parking lots shall be planted as required in Section 30-80. The type of trees to be provided shall be as designated in the Holmdel Development Design Manual. (1976 Code § 78-60; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 2005-32 § IX)

30-94 SIDEWALKS.

a. Requirement; Waiver. Except as otherwise provided in subsections 30-103j. and k., sidewalks shall be required in all areas and constructed on both sides of all streets; however, the Planning Board may waive this requirement where in its opinion it is to the best interest of the Township. Upon granting such a waiver, the developer shall be required to pay the Township an amount equal to seventy-five (75%) percent of the reasonable cost of installing the sidewalks, the amount to be determined by the Township Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties, and the office of the Township Engineer itself. All funds collected by the Township from developers as a result of waivers granted in accordance with this section, shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Township where and as authorized by the Township Committee. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township.

b. Standards. Except as otherwise provided in subsections 30-103j. and k., sidewalks shall be four (4) feet wide and four (4) inches thick, except crossing driveways, where the thickness shall be increased to six (6) inches for residential uses and all drives to parking areas of less than fifty (50) spaces and to eight (8) inches for heavier uses. Where the approving authority determines that a sidewalk may be subject to unusually heavy pedestrian traffic or intended equally for bicycles it may require that its width be increased to either six (6) or eight (8) feet. All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class "C", air-entrained. Preformed bituminous cellular joint filters one-half (1/2) inch thick shall be placed at intervals not exceeding twenty (20) feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be six (6) inches thick porous material approved by the Township Engineer and compacted prior to the placement of any sidewalk as directed by the Township Engineer. All six (6) inch or eight (8) inch sidewalk areas crossing driveways shall be reinforced at the midpoint or one-third (1/3) points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212), or an equivalent approved by the Township Engineer. The width of reinforced sidewalks shall be not less than the width of the driveway plus ten (10) feet, five (5) feet each side.

Further specifications for and alternatives for sidewalks can be found in Section S28.11 of the Holmdel Development Design Manual, available in the office of the Township Clerk. (1976 Code § 78-61; Ord. No. 3-82; Ord. No. 94-43; Ord. No. 2005-32 § X)

30-95 SIGHT TRIANGLES.

Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways serving commercial, industrial and multifamily housing developments and shall be shown on the plan. The area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified as a sight triangle easement. No grading, planting or structure shall be erected or maintained more than eighteen (18) inches above the center-line grade of the intersecting street or driveway or lower than ten (10) feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim or selectively thin trees and grade to provide the sight triangle. Any development requiring site plan approval shall provide sight triangles at each driveway with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Holmdel Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated indetermining the lot area and minimum setbacks required by the zoning provisions. (1976 Code § 78-62; Ord. No. 3-82)

30-96 SIGNS.

30-96.1 General Regulations.

No person shall erect, alter or relocate any sign without a sign permit, unless it is exempted by the following provisions.

a. Animated, Flashing and Illusionary Signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

b. Attached Signs. Signs shall be parallel to the wall, with the face of the sign no more than fifteen (15) inches from the surface of the wall.

c. Height. The uppermost part of an attached sign shall not be higher than the base of the second floor window sill or the base of the roof or fifteen (15) feet, whichever is lowest. The lowest portion of any sign which projects above a driveway or walkway shall be at least fifteen (15) feet and ten (10) feet, respectively.

d. Illuminated Signs. No sign shall be permitted flashing illumination or lights of changing intensity. All signs lighted exteriorly shall have the light source shielded from adjoining or nearby lots, streets and interior drives.

e. Location. Freestanding signs shall be located no closer to a side lot line than the minimum side yard for the principal building, but in any event no closer to a street right-of-way than twenty-five (25) feet, and not located in any sight triangle.

f. Sign Area and Dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including supporting framework and bracing incidental to the display itself. A freestanding sign with two (2) exposures shall have a total sign area consisting of the area of one (1) side of the sign, but both sides may be used.

g. Exemptions from Sign Permits. Street number designations, postal boxes, family names on residences, on-site pedestrian and vehicular traffic directional and parking signs, signs posting property as "private property," "no hunting" and "danger," "warning" or similar purposes are permitted, but are not to be considered in calculating the sign area, shall not exceed two (2) square feet each and shall require no permit. Temporary "pick your own" agriculture signs shall be exempt from the requirements of any Board approval and may be constructed and placed on farms so long as they meet all of the requirements of paragraph h.5.

h. Temporary Signs.

1. Construction Signs, Nonresidential. No more than one (1) sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of thirty-two (32) square feet.

2. Construction Sign, Residential. Not more than two (2) temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed twelve (12) square feet, shall be no closer than fifteen (15) feet to any street or side lot line and shall be removed within thirty (30) days after all the lots or units have been sold.

3. Real Estate Signs. Real estate signs shall be set back at least ten (10) feet from the edge of the street paving and ten (10) feet from all property lines and shall not exceed four (4) square feet on each side. Signs shall be removed at the expense of the advertiser within fifteen (15) days after the termination or completion of the matter being advertised. They do not require a permit. No more than one (1) sign shall be permitted along each street. Real estate signs shall be permitted only on the lot which the sign is advertising.

4. Signs for Not-for-Profit Organization Activities. Signs, not exceeding four (4) feet by eight (8) feet, may be located throughout the Township advertising special events of the organization. The signs may not impair site distances nor be closer than twenty-five (25) feet to any street or side lot line. Any such sign may be installed no earlier than fourteen (14) days prior to the event being held and must be removed no later than two (2) days after the event.

5. "Pick Your Own" Agricultural Signs.

(a) Two (2) one-sided signs no larger than four (4) feet by eight (8) feet may be placed on a fully operational vehicle (such as a truck or tractor) for each farm within the Township. Separate, contiguous or adjoining tax blocks and/or lots owned and/or rented by or to a person(s), corporation, partnership, joint venture or any other entity which has a common ownership or business interest shall be considered for the purposes of this section as one (1) farm.

(b) All such signs shall be allowed to be placed on the property, as specific herein, from May 1 to November 1 of each year and from 9:00 a.m. to 5:00 p.m. of each day within the time period. At all other times the signs and vehicles used to display them shall be removed and stored in a farm building on the farm.

(c) Directional signs, which must comply with the size and manner of display requirements of paragraph a. and all provisions of paragraph h.5.(b) above shall be permitted subject to the following additional conditions:

(1) Directional signs may advertise "pick your own" availability for farms within or outside of the Township, so long as the location outside the Township is no further than three (3) miles from the location of the sign.

(2) Directional signs may be located on separate, contiguous or adjoining tax blocks and/or lots (whether considered one (1) farm or not) owned or rented by or to a person(s), corporation, partnership, joint venture or any other entity; however, no such directional sign may be located closer than one (1) mile to another directional sign or "pick your own" agricultural sign placed by the same person, corporation, partnership, joint venture or any other entity on any other property owned, leased or donated to them for the purposes of farming or for the mere purpose of locating a directional sign or "pick your own" signs; however, an additional sign may be located within the one (1) mile limit at each intersection where a turn must be made to arrive at the site of the property which is the subject of the directional sign.

6. Real Estate Open House Directional Signs. A real estate open house directional sign advertising the location of an open house to facilitate the sale of property shall be permitted without the necessity of a permit or application only at the following locations:

(a) No more than one (1) such sign may be located at each intersection where a turn must be made to arrive at the site of the property for sale which is the subject of the directional sign;

(b) No more than one (1) such sign shall be located on the property to be sold. Signs must be installed and removed on the same day the open house is scheduled, and shall include thereon the name of the real estate agency installing the sign.

1. One (1) wall or ground sign not exceeding twelve (12) square feet may be located on the premises of places of worship, school buildings, libraries, parish houses, government buildings and public recreational and community center buildings and grounds. The signs shall comply with all setback, height, area and other design standards of this chapter. No fee shall be required in connection with the permit for such a sign.

j. Service Stations. In addition to other permitted signs, service stations only may display the following special signs:

1. One (1) freestanding sign advertising the name of the station, including the company or brand name, insignia or emblem, provided that such sign shall not exceed fifty (50) square feet on a side, shall be at least fifteen (15) feet from the curbline and not more than twenty (20) feet above the ground. "High-rise" or "turnpike height" signs are prohibited.

2. Incidental signs advertising services, trade information, prices or other information than product advertising are permitted, provided that no one (1) sign exceeds sixteen (16) square feet in area on a side and there are no more than four (4) such signs, all set back at least twenty (20) feet from the property line.

k. Prohibited Signs.

1. Illuminated tubing or strings of lights.

2. Banner-type signs, except where in celebration of public events and when erected with approval of the Township itself.

3. Billboards.

4. Advertising signs are not permitted in any district. (1976 Code § 78-63; Ord. No. 3-82; Ord. No. 24-82; Ord. No. 85-12; Ord. No. 88-11; Ord. No. 88-34; Ord. No. 88-35)