a. An onsite wetland delineation shall be prepared by a qualified consultant for submission on any subdivision or site plan if any of the following conditions exist on the applicant's property:

1. Hydric or wetland soils as identified in the Monmouth County Soil Survey.

2. Wetlands as identified on the U.S. Fish and Wildlife Service or NJDEPE Wetland Maps.

3. Onsite vegetation or soil conditions which indicate the probable presence of wetlands.

b. All wetlands and transition areas required pursuant to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection Act Rules) shall be clearly shown on all plats or site plans submitted for approval.

c. Wetland protection standards are required to provide protection of these highly valuable resources. The following standards should be employed:

1. A snow fence shall be installed outside of the wetland transition line prior to the commencement of onsite construction so as to prevent encroachment into these regulated areas.

2. All silt fence and/or hay bales shall be installed adjacent to the State mandated wetland transition line (or buffer) so as to prevent the transport of silt into the wetland areas.

3. All final plats or final site plans shall include the wetland line(s) identification number as assigned by NJDEPE, pursuant to the Freshwater Wetlands Protection Act.

4. The applicant shall avoid all unnecessary encroachment into State-regulated wetland areas. Preservation of the existing onsite vegetation adjacent to the wetland areas is highly recommended. (1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22)

Child care centers shall be a permitted principal or accessory use in all nonresidential zoning districts in Holmdel Township. The following standards shall apply to this use when proposed in the M, OL-1, OL-2, B-1, B-2, CI, LIH, RO-3, RL-40 and O-30 Districts.

a. All portions of any child care center to be used by children shall be located on the principal entrance floor and any other level which is not more than one-half (1/2) story above or below grade at the location from which egress is provided to the street.

b. A minimum of thirty (30) square feet of outdoor space per child over ten (10) months shall be provided adjacent to the center and shall be adequately fenced or otherwise protected from hazards, traffic, and driveways. The per child outdoor area requirement shall be calculated utilizing the licensed capacity authorized.

c. Child care centers shall provide one (1) parking space per employee plus one (1) additional parking space every eight (8) children. Adequate space shall be provided for the loading and unloading of children which shall take place on site and not in a public right-of-way.

d. The internal pedestrian circulation pattern shall be adequate to assure the safe movement of children and parents in and out of the child care facility. Design features to be incorporated include use of sidewalks and pedestrian cross walks to connect the parking area with the child care facility.

e. Parking areas and pedestrian walkways shall be illuminated to provide safe entrance and egress from the center for both pedestrian and automobile traffic.

f. Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located. The location of any child care center shall be approximately situated in relation to the use or area it is intended to serve.

g. Where a child care center is provided as an accessory use to a principal use located on the same lot, the gross floor area devoted to the child care center shall be excluded from calculating the parking requirements for the zone.

h. Where a child care center is provided as a principal use the area and yard requirements shall apply as noted in the application district standards.

1. Adequate landscape screening may include the use of earth berms, evergreen plantings and landscape plantings, solid fencing used individually or in combination so as to visually separate the child care center lot from the adjoining parcels. Each child care center shall provide landscaped buffers adjacent to any side or rear lot line equal to at least ten (10%) percent of the lot width.

j. Any child care center shall comply with all State standards and any local approval shall be conditioned upon receipt of a State license.

k. All other applicable requirements of this chapter shall apply, except where the Planning Board determines that such requirements are not appropriate for child care centers. (Ord. No. 95-22 § IV; Ord. No. 2005-32 § XIV; Ord. No. 2006-19 § X)

Retail farm markets shall receive site plan approval and shall be subject to the following development standards:

a. In those zones in which retail farm markets are permitted accessory uses, the farm on which the retail farm market is located shall have a minimum area of five (5) acres excluding the area on which the retail farm market is situated. In those zones where a retail farm market is permitted as of right, it shall comply with the minimum lot area of the zone in which it is located.

b. The retail farm market shall have at least three hundred (300) feet of frontage on a State or County road.

c. The minimum front, side and rear yard setbacks shall be one hundred (100) feet.

d. The retail farm market portion of any building shall be limited to one (1) story.

e. The maximum building coverage for the retail farm market shall be one (1%) percent but in no case shall the retail farm market exceed eight thousand seven hundred (8,700) square feet.

f. Where the lot on which the retail farm market is located abuts residential uses or a residential zone on the side or rear, a minimum landscaped buffer of fifty (50) feet shall be maintained and planted in accordance with Section 30-54. Where the lot on which the retail farm market is located abuts nonresidential uses or a nonresidential zone on the side or rear, a minimum landscaped buffer of twenty (20) feet shall be maintained and planted in accordance with Section 30-54.

g. Access to the retail farm market shall be provided by at least one (1) driveway with a minimum width of twenty-four (24) feet. If one-way driveways are provided the minimum width may be reduced to eighteen (18) feet.

h. Driveways shall be located no closer than seventy-five (75) feet to an adjoining lot line.

1. Off-street parking shall be permitted at a rate of one (1) parking space for each two hundred (200) square feet of floor area devoted to the retail farm market, and shall be located no closer to side and rear lot lines than the minimum setbacks for the retail farm market.

j. Where the retail farm market is located in a building also being used for other agricultural purposes, the retail farm market shall be separated by permanent partitions (which may have doors) from the remainder of the building. No members of the public shall be allowed into any portion of such building not designated as the retail farm market. Signs, with a minimum area of one (1) square foot, shall be posted to prohibit public access to any area not used for the retail farm market.

k. The hours of operation of the retail farm market shall be limited to the period from dawn to dusk daily, except that seasonal sales be permitted until 10:00 p.m. between November 15 and January 1, provided that the on-site parking area is suitably lighted as approved by the Township Engineer.

l. Two (2) freestanding signs shall be permitted for each retail farm market. A freestanding sign shall not exceed twenty (20) square feet. Freestanding signs shall be located no closer than seventy-five (75) feet to a side lot line and twenty-five (25) feet to a street right-of-way, and shall not be located in any sight triangle. In addition, one attached sign not exceeding twenty (20) square feet shall be permitted, provided that it is located upon and affixed to the retail farm market. Two (2) movable signs not to exceed five (5) square feet shall be permitted to advertise seasonal produce. Permitted signs shall also comply with Section 30-96.

m. Any area used for the parking, loading or unloading of trucks or other commercial vehicles or storage shall be situated at least one hundred fifty (150) feet from any residential lot lines.

n. Compressors or fans (including vehicle compressors or fans) used at the retail farm market or used at associated facilities such as greenhouses shall be situated so the physical structure (building, wall) exists between the compressors and fans and any residence.

0. Retail display areas for nursery stock and other products not grown on the farm shall occupy no more than ten thousand (10,000) square feet. (Ord. No. 97-35 § II)

Development standards for temporary farm stands are as follows:

a. The farm on which the temporary farm stand is located shall have a minimum area of five (5) acres.

b. At least fifty (50%) percent of the goods offered for sale shall be goods grown, rendered or processed to their salable form on the property.

c. The maximum size of a temporary farm stand standing alone shall be one thousand (1,000) square feet, including all structures used for display and sale. Any item offered for sale must be displayed only within or on the farm stand. There shall arise a rebuttable presumption that any items located within thirty (30) feet of the front, sides or back of the farm stand are being offered for sale. The foregoing presumption shall not apply to farm machinery or equipment used in the production of the farm product, registered and licensed motor vehicles, or growing crops not yet harvested and still in the ground.

d. Where the display and selling area is located in a structure also being used for other agricultural purposes, the display and selling area shall be separated by permanent partitions (which may have doors) from the remainder of the structure, and the display and selling area shall be limited to one thousand (1,000) square feet. No members of the public shall be allowed into any portion of such building not designated as the retail farm stand. Signs, with a minimum area of one (1) square foot, shall be posted to prohibit public access to any area not used for display or selling.

e. One (1) off-street parking space shall be provided for each two hundred (200) square feet of display and selling area, with a minimum of three (3) spaces regardless of the farm stand's size. The spaces shall be located outside of the public right-of-way and shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public. The farm stand shall be accessed by a driveway at least twenty (20) feet wide if for two-way traffic, or fourteen (14) feet for one-way traffic, and the driveway and parking area shall be at least fifty (50) feet from side and rear property lines.

f. No more than two (2) free standing signs not to exceed ten (10) square feet, two (2) movable signs not to exceed four (4) square feet to advertise seasonal offerings, and one (1) attached sign not to exceed sixteen (16) square feet, shall be permitted on the premises, as regulated in subsection 30-96.2d.

g. Temporary farm stands shall operate for no more than ten (10) months per year.

h. The only permitted exterior lighting shall be for security purposes.

1. The business shall be operated by the person farming the property.

j. The hours of operation of the temporary farm stand shall be limited to the period from dawn to dusk. (Ord. No. 97-35 § III)