a. All developments shall conform to design standards encouraging sound development patterns within the Township. Where an Official Map or Master Plan has been adopted, the development shall conform to it. Improvements shall adhere to the Holmdel Development Design Manual.

b. Character of the Land and Natural Features. Land identified in the Master Plan and the Natural Resource Inventory as critical areas or having severe or moderate soil characteristics particularly as the land relates to flooding, improper drainage, shallow depth to water table, steep slopes, utility easements or similar features shall not be used as buildable areas, unless adequate and acceptable methods are formulated by the developer and accepted by the approving authority to solve the problems by methods meeting this chapter and all other regulations. Trees, brooks, swamps, hilltops and views shall be preserved whenever possible.

c. Riparian Zone Ordinance Compliance. Where applicable, there must be compliance with Section 30-158, Riparian Zone Ordinance.

d. Construction Specifications. In conjunction with the design and zoning principles of this chapter, all improvements shall be constructed in accordance with the Holmdel Township Construction Specifications for Subdivisions and Site Plans.

e. Relief. Relief from the Holmdel Development Design Manual and from the provisions of Sections 30-53 (Bikeways), 30-56 (Curbs and Gutters), 30-59 (Environmental Impact Report), 30-66 (Fire Protection), 30-77 (Monuments), 30-79 (Off-Site and Off-Tract Improvements), 30-87 (Performance Standards), 30-93 (Shade Trees), 30-94 (Sidewalks), 30-95 (Sight Triangles), 30-101 (Soil Erosion; Sediment Control; Topsoil), 30-102 (Streetlighting), 30-103 (Streets), 30-104 (Street Signs), 30-112 (Trails), and 30-116.1 to 30-116.5, 30-116.8a, 30-116.8b, 30-116.9, and 30-116.11 to 30-116.13 (Resource Management Regulations) shall be by way of exception pursuant to N.J.S.A. 40:55D-51.

Relief from any other provision of this Article shall be by way of variance pursuant to N.J.S.A. 40:55D-70. (1976 Code § 78-35; Ord. No. 3-82; Ord. No. 41-96 § I; Ord. No. 42-96 § I; Ord. No. 2002-20 § II; Ord. No. 2005-32 § II; Ord. No. 2005-39 § 2; Ord. No. 2010-22 § II)

a. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.

b. The minimum distance of any accessory building to a property line on the same lot shall be equal to the standards set forth in the zoning standards or equivalent to the building height, whichever is greater.

c. Height and Area. Accessory buildings in residential districts shall not exceed fifteen (15) feet in height and may occupy no more than the equivalent of twenty-five (25%) percent of a required rear yard or a maximum of nine hundred (900) square feet, whichever is smaller, except that windmills and agricultural and horticultural buildings shall adhere to the requirements of farm buildings in the district in which they are located. Swimming pools, tennis courts and paddle tennis courts shall adhere to Section 30-105.

d. Location. An accessory building may be erected in the side or rear yard only. (1976 Code § 78-36; Ord. No. 3-82; Ord. No. 2005-32 § III; Ord. No. 2006-19 § II)

Bikeways may be required, depending on the development's location in relation to schools, recreation areas, shopping facilities and other populated areas. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Where bike paths intersect a street, the curbing shall be ramped for access to the street grade. Where the Township's bikeway plan proposes a bikeway within a tract proposed for development, the development shall include the bikeway as part of its circulation system. (1976 Code § 78-37; Ord. No. 3-82)

Within any zone:

a. Where a nonresidential development abuts a residential zone or P-Public Land zone; or where bulk storage or trash collection points and off-street parking and loading for six (6) or more vehicles abut a street or are visible from a residential use or zone; or where a multi-family development abuts a single-family development or single-family zoning district; or where reverse frontage design is required; or along all residential lot lines abutting an arterial or collector road (see Section 30-103b.); or

b. Where any residential use abuts a park with active recreation uses,

The following buffer area and landscaping requirements shall apply to the applicant.

c. In all instances described in paragraph a. above, a strip of land twenty (20%) percent of the average width and depth of the property when a nonresidential use abuts a residential or P-Public Land zone on the side or rear, respectively, shall be designated as a buffer area and so indicated on the plat. Buffer areas will be contiguous with residential or P-Public Land property lines and shall be of uniform width. In no case should the width of the buffer exceed fifty (50) feet between two (2) residential developments nor exceed the widths established in Section 30-55b, 4(c) for other uses. If the resulting buffer width calculated as a percentage of the lot width is less than twenty (20) feet wide, the applicant may be required to erect and landscape a six (6) foot high, wooden stockade fence and/or a solid visual barrier of plantings and/or a landscaped earthen berm within the buffer area set back a distance appropriate for the landscaping treatment in the buffer area. The buffer area between parking and loading areas and street rights-of-way shall be at least fifteen (15) feet wide, except that where the buildings, parking/loading areas or other improvements are at least two hundred (200) feet from a property line, the buffer width may be reduced to ten (10) feet.

d. In all instances described in paragraph b. above, the residential use shall provide a strip of land twenty-five (25) feet in width along the lot line as a buffer between the residential use and the park. The approving authority shall have the power to waive all or a portion of the buffer requirement, taking into account circumstances such as, but not limited to, the presence of a vegetated or wooded area on the park property. No buffer shall be required if a conservation easement at least twenty-five (25) feet in width separates the park from the residential use. This exemption does not apply to any other buffers that may be required in such instances pursuant to paragraphs a. and c. of this Section.

e. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner. Any fences and screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one (1) year or one (1) growing season. All plantings which do not survive the first twelve (12) months following certification shall be replaced by the builder/developer at no cost to the Township within sixty (60) days of written notification.

f. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except access drives from public streets, one (1) unlighted directional sign per each direction of traffic per access drive and permitted signs as specified in the district regulations.

g. Requirements for Planting in the Buffer Area.

1. A solid and continuous landscaped screen shall be planted and maintained by the owner to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. In the event that existing evergreens do not provide an adequate buffer, supplemental plantings may be required. All plantings which do not survive the first twelve (12) months following certification shall be replaced by the builder/developer at no cost to the Township within sixty (60) days of written notification.

2. In addition to the landscaped screen, shade trees shall be planted by the applicant in accordance with the Holmdel Development Design Manual.

3. The height and location of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area or other improvement being screened. Where the landscaping is lower than the elevation of the area being screened, either the required height of the screen shall be increased equal to the difference in elevation, i.e., taller trees and shrubs and/or earthen berms to raise the elevations or the area being screened, or the landscaping shall be moved to allow the plantings to be located in an area with a similar elevation as the area being screened.

4. If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing specimen trees shall remain and selected other trees and shrubbery may remain and shall be supplemented by additional evergreen plantings approved by the approving authority to provide the required landscape screen. In the event that the approving authority finds that further planting of evergreens will not grow satisfactorily in the buffer areas, stockade fence(s), six (6) feet high shall be erected in the buffer area.

h. The approving authority shall have the power to waive any of the buffer requirements if it determines an adequate buffer can be provided in less than the required widths while maintaining the purposes of this section. The approving authority shall review the proposed plat and the standards and purposes for buffers, considering the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features, such as the density and maturity of existing trees and vegetation; streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and similar features. (1976 Code § 78-38; Ord. No. 3-82; Ord. No. 2004-09 § II)

a. The purpose of this section is to provide flexibility in residential design options mutually acceptable to the approving authority and the developer, to preserve open space by permitting a reduction in residential lot size without increasing the number of lots or permitted number of dwelling units, to encourage energy conservation and the use of renewable energy sources by reducing streets and by offering more flexibility in designing a development, and to provide opportunities to generate sites for lower income housing.

b. Cluster developments may be approved in accordance with the following standards, provided that the tract size is at least ten (10) acres and the approving authority finds:

1. All dwelling units shall be connected to approved and functioning central water and central sanitary sewer systems.

2. The maximum number of lots or dwelling units shall be as set forth in the zoning provisions of Article V.

3. In the R-40A District land area equal to a minimum of twenty (20%) percent of the entire tract and in the R-40B District land area equal to a minimum of forty (40%) percent of the entire tract, shall be set aside for agriculture or for open space or for recreation; buffer areas along arterial and collector streets, railroads, or nonresidential uses; conservation areas; floodplains; or common property, singly or in combination, except that where the bonus densities are used as permitted under subsection 30-127.6a. the portion of the tract so set aside may be reduced to not less than fifteen (15%) percent and twenty (20%) percent respectively, and except further that land utilized for street(s), parking, drives and required yards shall not be included as part of the above required setasides. No more than one-third (1/3) the required open space setaside may consist of environmentally sensitive areas for which zero credit was given toward the density calculations. Lands to be set aside shall either be: (1) dedicated to the Township (at no cost) with the Township having the option to accept the acreage being offered; (2) added to abutting lots as a conservation easement following a logical pattern of woodland, drainage corridors, slopes, wetlands, providing a buffer, or other conditions warranting their placement in a conservation easement. Where the open space set-asides are placed in a conservation easement, each deed shall contain language that complies with the applicable provisions of Section 30-58 in addition to language that prohibits the area within the conservation easement from being used for temporary or permanent improvements such as, but not limited to, structures, paving, and parking. Areas accepted by the Township may be dedicated for such public purposes as deemed appropriate by the Township Committee.

4. With respect to areas to be deeded to the Township:

(a) Such areas will serve at least one (1) of the purposes outlined above.

(b) A stream or watercourse along which it is proposed to deed open space shall be major enough that it has a clearly defined floodplain. The width of the dedicated area shall be at least two hundred (200) feet and extend at least ten (10) feet beyond the floodplain limit. The width, location and condition of the dedicated area should be able to be left in its natural state with no regular maintenance required. If the area is likely to become the general alignment of a trunk sewer, proper location for the alignment shall be a consideration.

(c) Buffers along major streets, railroads or nonresidential zone boundaries shall contain sufficient natural vegetation or proposed planting to become, within ten (10) years, a significant buffer for sight and sound and have maximum widths as follows:

5. With respect to areas of conservation easements:

(a) Such easements shall meet the requirements of Section 30-58. An open space easement may be established for the purpose of conserving and protecting natural features and vegetation, particularly trees in areas generally encompassing the rear of lots. Such easements should be intended to provide, in conjunction with areas deeded to the Township, strips of undisturbed vegetation around the perimeter of the development of groups of lots within the development. Access by deed in fee or by easement shall be provided to the Township to all areas deeded to the Township.

(b) Such easements shall include natural growth or proposed plantings which will promote the aesthetic values of the development. Such growth or plannings should include a minimum density of trees of one (1) for each five hundred (500) square feet, each having at least one-inch caliper one (1) foot above the ground, except that no trees shall be required in the area within ten (10) feet of a watercourse or within the floodplain of such a watercourse where a well-defined floodplain exists or within marsh or pond areas where trees cannot be maintained.

6. With respect to areas to be deeded to a homeowners' association:

(a) Such areas shall meet the requirements of Section 30-68.

(b) The requirements of paragraphs b.4. and 5. above shall be complied with where applicable.

7. No final plat containing common open space to be owned and maintained by a homeowners' association shall be approved unless and until the approving authority has reviewed and approved the articles of incorporation of the association, model deeds, bylaws of the association and such further documents deemed necessary and the developer has made sufficient provision for the maintenance of the common open space and transfer of title thereof to the homeowners' association.

c. Lands offered to the Township and homeowners' association shall meet the following requirements:

1. The minimum size shall be five (5) acres and the maximum size shall be eight (8) acres, with no dimension being less than two hundred (200) feet if offered to the Township.

2. Lands for recreation purposes shall be improved by the developer, including grading, equipment, walkways and landscaping.

3. Dedicated land shall be an integral part of the development and designed, improved and located to best suit the purpose(s) for which it is intended.

4. Every parcel accepted by the Township shall be conveyed by deed at the time final plat approval is granted.

d. Concurrence of Governing Body Procedure. A copy of the proposal to dedicate land to the Township shall be transmitted to the governing body. The acceptability of the land shall be subject to the approval of the approving authority and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of the land. (1976 Code § 78-39; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 86-28)

a. Regular Curbs. Unless waived by the approving authority, Belgian Block curb shall be installed along all streets and along all edges of pavement within a site. Where installed, the standard curb section shall be set in accordance with approved lines and grades. Radial curbs shall be formed in a smooth curve. Chord segments are prohibited. The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation. Where curbs are waived or where alternate curbs are allowed, such as combination curb or rolled concrete curb, an appropriate construction detail shall be submitted for approval and other equivalent or better methods of stabilizing the edge of paving, controlling erosion and managing stormwater shall be approved.

b. Rolled Concrete Curbing. Where required under provisions of this chapter, rolled concrete curb shall be constructed of Portland Cement which shall have a compression strength of four thousand (4,000) pounds per square inch after twenty-eight (28) days. The maximum length of sections shall be ten (10) feet, with a preformed bituminous expansion joint filler one-half (1/2) inch thick installed at a maximum spacing of twenty (20) feet. The curb shall be twenty-four (24) inches wide, six (6) inches deep on the pavement side, ten (10) inches deep on the lot side, and shall have a one (1) inch depression below the pavement side located about one-third (1/3) the distance from the pavement edge. The side adjacent to the pavement shall be flush with the finished pavement surface. (1976 Code § 78-40; Ord. No. 3-82; Ord. No. 84-7)

All streets shall be designed to accommodate storm drainage along streets. Existing natural drainage patterns shall be preserved. Any system shall be adequate to handle all stormwater runoff and groundwater seepage which originates within the development and beyond. No water shall be diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. Piping of all stormwater is not required, but alternate, equivalent methods shall be approved by the approving authority and Municipal Engineer, considering safety, maintenance, aesthetics and the ability of an alternate system to provide proper drainage. The overall drainage plan shall consider ways in which groundwater recharge can be encouraged along with consideration of flood control, erosion control and having positive drainage, all in the interest of maximizing the utilization of the renewable resource of water. All drainage systems shall also be designed in accordance with the requirement of the Township's Stormwater Management and Control Ordinances (Section 30-157).

a. For storm curves used in computing stormwater runoff, see the Holmdel Development Design Manual.

b. Where storm drainpipes are installed outside of streets, easements or rights-of-way shall be required in accordance with Section 30-58. Required drainpipes shall be laid to the exact lines and grades approved by the Municipal Engineer.

c. Where piping of stormwater is required, drainage inlets shall be located at required intervals with access manholes placed at maximum specified intervals throughout the system and at pipe junctions, all as specified in the Holmdel Development Design Manual.

d. Where open swales are approved, they shall have a bottom elevation no higher than the bottom of the road base or such additional depth as may be required by the Municipal Engineer. Swales shall be planted to stabilize the soils along the sides and bottom according to the soil types and be sloped to handle the rate of runoff while not eroding the soil. Intersections shall be crowned to assure positive drainage into the swales. Where pipes are installed at road/driveway crossings or other required locations, the pipes shall be continuations of the swales.

e. Where development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement or conservation easement shall be dedicated to the Township. The easement and right-of-way shall include the provisions assuring the following: preservation of the channel of the watercourse; prohibition or alteration of the contour, topography or composition of the land within the easement and right-of-way except for Township drainage improvements and maintenance; prohibition of construction of plantings within the easement and right-of-way that will interfere with the natural flow of water; and reservation to the public of a right of entry for the purpose of maintenance work and of installing and maintaining a storm or sanitary sewer system or other public utility. The width of the easement along any watercourse shall be at least fifty (50) feet from the center line in each direction or along the floodplain limit (Section 30-67), whichever is greater. A minimum twenty-five (25) feet beyond the bank top on at least one (1) side shall be provided for access to the drainage right-of-way. (See Section 30-58.) Special water resource protection areas shall be established along all waterways designated as Category One in accordance with subsection 30-167-4g,8. of this chapter.

f. When the amount of runoff determined by the approving authority engineer is sufficient to justify detention of peak flow, one (1) or more detention basins or NJDEP Best Management Practices shall be required. Where detention basins are required, the design shall result in stormwater leaving the property at the same or lower rate, including runoff during peak flows, that existed prior to the development. All measures shall comply with the soil erosion, sediment control and topsoil provisions in Section 30-101 and the Stormwater Management and Control Ordinance provisions in Section 30-157. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid excess flow of stormwater from one lot to another.

g. Developments may incorporate other on-site stormwater detention or impound facilities in the following manner:

1. Shallow swales with no outlets, dry wells, seepage pits or similar structures which will impound water drainage only from other landscaped areas. The water will be left to evaporate and percolate. The swales shall be seeded and maintained as lawn areas.

2. Impound/detention basins along streams that maintain steady flows of water may be constructed, provided that they meet the standards and have been approved by the New Jersey Department of Environmental Protection.

3. Detention of stormwater on roof surfaces may be designated.

4. Other stormwater management and control measures designed in accordance with Section 30-157 and the NJDEP Best Management Practices Manual. (1976 Code § 78-41; Ord. No. 3-82; Ord. No. 2006-06 § 4)

a. Drainage and utility easements shall be conveyed to the Township by deed and shall be approved by the Township Attorney and Engineer. The easements shall be along side and/or rear property lines where possible, shall not be less than twenty-five (25) feet wide but shall be wider along watercourses as set forth in Sections 30-57 and 30-67. All easements shall be dimensioned on the plat, shall be marked on the land by iron stakes wherever the lines of the easement change course or intersect property lines and shall have the purpose of the easement identified as follows on the plat: "_______ easement granted to the Township as provided for in the Holmdel Development Regulations Ordinance."

b. Landscape easements are intended to address those areas of a development that do not require as severe restriction as conservation easements. Generally a landscape easement would consist of 1) berm areas that are used to screen developed areas from roads, railroads, etc.; 2) man-made landscape areas that are intended to buffer different uses or homes as part of a subdivision or site plan project; and/or 3) existing stands of vegetation that are not environmentally sensitive. No person, whether the owner of the property upon which the landscape easement is located or not, would be permitted to remove any vegetation. The owner or tenant of the property would be allowed to perform regular maintenance on the vegetation and would be allowed to supplement the existing landscaping with additional plants, including ornamental species. The owner or tenant would also be permitted to perform manicure-type maintenance, such as the planting and maintenance of grass areas and ground covers. No structure of any kind, including but not limited to swing sets, play houses, decks, pools, patios, sheds would be allowed within the area of a landscape easement. The only exception to the foregoing is that fencing would be allowed to be constructed so long as its construction is consistent with the New Jersey Department of Environmental Protection guidelines for fencing in environmentally sensitive areas where NJDEP has jurisdiction.

c. Sight Triangle Easements. (See Section 30-95.)

d. 1. Conservation easements may be required along drainage and stormwater courses and around ponds, marshes, bogs, streams and other watercourses, floodplains, along steep slopes or around significant stands of trees. Such easements are intended to preserve the stabilizing vegetation to prevent erosion and the siltation of streams. Such easements shall be dimensioned on the plat according to the limit of the natural conditions or such other configuration appropriate to the area being placed in the easement and the design of the development.

2. After an application for development has been made, the removal of trees, plant materials and ground cover shall be prohibited within any proposed conservation easement area prior to its legal establishment. Any removal of dead or diseased trees, thinning of trees or growth shall be prohibited until a plan showing these proposed actions is submitted and approved in writing by the Code Enforcement Officer, in consultation with the Township's Environmental Officer, Environmental Commission, and/or Landscape Architect. The removal of vegetation to provide pathways, areas of recreation or similar open space improvements shall be limited to the extent they are shown on the approved site plan.

3. After an application for development has been made, the removal of trash within any proposed conservation easement area prior to its legal establishment is explicitly permitted and encouraged.

4. The following activities shall be specifically prohibited within the conservation easement area once it has been legally established except upon approval of application made pursuant to Code Section 30-58j as supplemented or amended.

(a) The cutting, mowing, trimming, removal or destruction of any trees, shrubs or understory plant materials, including, but not limited to, brush, shrubs, saplings, seedlings, undergrowth, ground covers, and grasses.

(b) Any grading or other activities that would or might impair soil or slope stability or alter drainage patterns on or off the site.

(c) Commercial timber cutting or harvesting of vegetative products for commercial purposes.

(d) Maintenance or grazing of livestock.

(e) Excavation, grading, dredging or removal of topsoil, sand, gravel, loam, rock or other materials.

(f) Composting, dumping of soil, grass clippings, garden waste, household waste, sawdust, ashes, trash, construction materials or other debris of any kind.

(g) Operation of any mechanical equipment of any kind, including recreational vehicles such as ATVs and snowmobiles, except as needed to undertake approved activities identified herein or in the conservation easement deed itself.

(h) Construction, excavation, grading or the erection of retaining walls, buildings or other structures, roads, driveways, fences or utilities.

5. Diseased or hazardous trees or tree limbs may be removed from within a conservation easement to prevent personal injury or property damage provided written notice is served upon the Code Enforcement Officer and the Township Administrator at least ten (10) business days prior to such removal. Where an emergency situation renders the giving of notice impracticable, the tree or limb may be removed without prior notice, but a signed statement from the owner of the underlying title giving the reasons for such removal shall be submitted to the Code Enforcement Officer and the Township Administrator within ten (10) business days thereof, along with appropriate documentation of the reasons in the form of photographs, corroborative letters or other evidence.

6. Non-native and invasive plants may be removed from within a conservation easement provided written notice is served upon the Code Enforcement Officer and the Township Administrator at least ten (10) business days prior to such removal.

7. New plantings may be installed within the conservation easement area if needed to supplement existing vegetation or to replace dead trees or other vegetation, provided such plantings are characteristic of native growth and with the prior written consent of the Code Enforcement Officer.

8. The conservation easement may provide for a municipally approved forest stewardship program that may also be used to satisfy the requirements for a Forest Stewardship Plan to be approved by the State Forester.

9. The conservation easement language shall specifically provide for the right of the Township of Holmdel through any of its officers or agents to enter and inspect the conservation easement area to determine that the terms of the conservation easement are being adhered to and that necessary maintenance is being undertaken. The Township of Holmdel shall have the right, and the conservation easement shall so state, to issue citations for any violations of the terms of the conservation easement or of this section or of the development application approval pursuant to which the conservation easement was established.

10. The conservation easement language shall specifically provide for the right of the Township of Holmdel, the County of Monmouth and/or the Monmouth County Mosquito Extermination Commission to clean, remove silt or desnag any stream channel, which may, in the opinion of the Township of Holmdel or the County of Monmouth, become necessary.

11. The conservation easement language shall specifically provide for public access for pedestrians to those portions of the easement that are shown in the Township's Master Plan as parts of the Township's planned greenway network. The public trail within a conservation easement shall be at least fifty (50) feet if feasible from the necessary footprint area as defined in Section 30-3.

12. A conservation easement shall not include any portion of the necessary footprint area as defined in Section 30-3. Consequently, the principal building shall be located at least twenty (20) feet from a conservation easement.

13. Any auxiliary structure shall be at least ten (10) feet from a conservation easement.

e. All property owners, tenants or any other person or entity is prohibited from building any structures, walls or fences on any easement or any part thereof, using the easement or any part thereof in such a way as to interfere with the Township's immediate and unimpeded access to the easement, clearing trees or vegetation from the easement or otherwise interfering with the easement without the Township's approval in writing. Notwithstanding the above, structures such as gazebos, kiosks, benches, and trail signs for public use and associated with greenway trails or public parks and recreation facilities that are shown in the Master Plan or part of an approved development plan are permitted within easements. Additionally, farm buildings and other structures which are accessory to farm use shall be permitted within farmland easements.

f. All existing easements or proposed easements acquired or required on-site or off-site and on-tract or off-tract shall be shown on the subdivision or site plan and copies of the legal documentation that support the granting of an easement by the owner of the property shall be submitted with the application for approval. Concrete or commercially manufactured iron or aluminum monuments shall be installed in order to define the easement area. Monuments shall be of a size and shape required by N.J.S.A. 46:23-9.11 and N.J.A.C. 13:40-5.1 and amendments and supplements thereto, shall be placed in accordance with the Statute and Administrative Code. In addition to the required monuments after the grading is finished, the developer shall also install monuments at all angle lines of discontinuities in easement lines where such easements are not parallel to property lines.

g. Delineation of Conservation Easements During Construction. Prior to the issuance of any permits or disturbance of any soil on any property upon which an easement to the Township is located, the developer, contractor, property owner or their servants, agents, employees, successors or assigns shall install snow fencing along the easement boundaries in order to protect the easement area during construction. Warning signage indicating the existence of the conservation easement inside of the fence, to be obtained from the Township Construction Office, shall be attached to the fencing facing away from the easement at fifty (50) foot intervals in the top third of the fencing. Fencing on each lot shall remain in place until a certificate of occupancy is issued.

h. Open Space and Conservation Easement Delineation and Notification. Open space and conservation easements shall be delineated on site by installation of four (4) inch square, thirty (30) inch long concrete monuments, appropriately marked. The monuments shall be visible above ground once installed, after final grading and the installation of mulch, sod or ground cover. The proposed location of the concrete monuments required by this section shall be shown on the preliminary and final site plan or subdivision plats filed with development applications and the proposed monuments must be installed prior to construction. The monuments should be placed at each change in direction but in no case more than two hundred fifty (250) feet apart.

Additional monumentation, in the form of six (6) inch square, five (5) foot long wolmanized (or approved equal) wood posts, shall be installed adjacent to the concrete monuments. The posts shall be installed with concrete footings. The posts shall protrude two (2) feet above the finished grade. The posts shall be marked with a metal tag in accordance with the approved detail. The tag shall be attached to face outward from the open space or conservation easement.

All deeds to property containing open space or conservation easements shall recite the existence of the easement and explain the limitations on use imposed by the easements. Copies of the proposed explanatory language shall be submitted to the Planning Board or Zoning Board of Adjustment prior to final approval of a site plan or subdivision application.

1. The owner of any land subject to a conservation easement, landscape easement, or open space easement shall be responsible for the easement area and for the health of the vegetation and the condition of other natural features located therein, consistent with the provisions of this section. The responsibility of the owner shall include the obligation to inspect the premises on a regular basis and after storms for hazardous conditions that may pose a threat to adjacent properties, when necessary to obtain any required permission from the Township, and to promptly correct such hazardous conditions. This obligation may be reflected in the language of the easement itself, is applicable even if not specified in the easement, and shall accompany any transfer of title to the property.

j. Any person proposing to take any action, or has taken any action not otherwise permitted by the easement document, within a Township held easement, or seeks to change an easement shall submit a written request to the Township Administrator together with a nonrefundable review fee of one thousand five hundred ($1,500.00) dollars, three hundred fifty ($350.00) dollars of which will be nonrefundable. In the event the expense to the Township for engineering, legal or planning review paid to the Township's professionals exceeds the review fee, the applicant shall reimburse the Township for any deficiency. The written request must specifically detail the action proposed. The Township Administrator shall review the request, may request additional information from the applicant, and, after seeking such advice from the Township Engineer, Township Attorney or other Township agencies, employees or professionals as the Township Administrator deems appropriate, shall present the request to the Township Committee together with a recommended action. The Township Committee, shall, by written resolution and within the bounds of authority possessed by it, approve, disapprove, or approve with conditions the action proposed. The application process provided herein is not one of right, the Township having no obligation to permit any such action within a Township easement, but is adopted as an accommodation to those seeking permission to take such action within a Township owned easement. No right of hearing before the Township Committee is hereby created.

k. When it has been determined that the property owner, tenant or any other person or entity has violated the provisions set forth in Section 30-58d., e., i. or j., a written notification of the violation shall be sent by certified mail-return receipt, from the Township to the owner or record. The owner, within ten (10) business days shall respond in writing to the Code Enforcement Officer. The Code Enforcement Officer, in consultation with the Township's Environmental Officer, Environmental Commission, and/or Landscape Architect, will determine what corrective or remedial action is appropriate. The owner shall within ten (10) business days of written notification of corrective or remedial action, comply with the provisions of paragraph j. above. In addition, for violations of Section 30-58d,4(a), the owner shall provide the following within an additional fifteen (15) business days as a supplement to the written request: A restoration/revegetation plan submitted from a licensed, landscape architect. The plan shall propose native plants of a species appropriate to the soil and light conditions at the site. Trees shall be a minimum one and one-half (1 1/2) inch caliper, seven (7) feet to eight (8) feet tall, balled and burlapped, and shrub containers-five-gallon minimum. Spacing and placement should render a natural setting. Where appropriate, boundaries of the easement should have reinforced plantings to visually establish the easement's boundaries. Any plantings failing within two (2) growing seasons shall be replaced at the owner's expense.

l. Standards for Lands Qualifying as Open Space.

1. Open space may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Open farmland may be counted as open space, but the footprint of any structure shall not be counted as open space with the exception of existing barns.

2. Open space shall include working farmland protected by a farmland easement and any and all parcels or areas of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. A residual dwelling site area shall not be counted as open space.

3. Detention basins with related inlet and outlet structures, other than rainwater gardens, are not considered incidental to the natural openness of the land, nor conducive to the use and enjoyment by others. Detention basins other than rainwater gardens are not to be considered open space.

4. In the R-4H and R-4R Districts, rainwater gardens, wet ponds, constructed stormwater wetlands and outlet structures permitted by a municipal, County or State agency are permitted in open space areas. Rainwater gardens and constructed stormwater wetlands shall be limited to ten (10%) percent of the open space on each tract.

5. Streets rights-of-way are not to be considered open space. However, in the R-4H and R-4R Districts only, a portion of a street right-of-way greater than fifty (50) feet in width may be considered open space in accordance with the following formula:

Open space = Total area of right-of-way - area having a width of fifty (50) feet and a depth equal to the length of the right-of-way.

If the cartway or cartways within the street right-of-way or a portion of the street right-of-way occupy greater than fifty (50) feet of total width, the following formula shall apply in that area of street right-of-way occupied by a cartway or cartways greater than fifty (50) feet in width:

Open space = Total area of right-of-way - total area occupied by all cartways within the right-of-way.

Any portion of a street right-of-way considered as open space shall be landscaped and accessible to the public. (1976 Code § 78-42; Ord. No. 3-82; Ord. No. 89-28; Ord. No. 91-15; Ord. No. 93-14; Ord. No. 95-28; Ord. No. 98-17 § I; Ord. No. 2001-28; Ord. No. 2005-32 § IV; Ord. No. 2005-39 §§ 3, 4; Ord. No. 2006-19 § III; Ord. No. 2007-15 § I; Ord. No. 2008-04 § I)