A. General Provisions.
1. Flags.
(a) Flags or emblems of religious, educational, civic or governmental organizations flown on the buildings or grounds occupied by the organization shall be permitted in any zone in the borough.
(b) The flag of the United States shall be displayed in accordance with the rules and regulations promulgated by the federal government (U.S. Code Table 36, Chapter 10).
(c) In residential zones, the flag of the United States is permitted to be flown on flagpoles that do not exceed the maximum height of buildings permitted in the residential zone and shall be flown in accordance with the rules and regulations promulgated by the federal government.
(d) Placement of flags on flagpoles: When the flags of States, cities or localities, or pennants of societies or the P.O.W.- M.I.A. flags are flown on the same halyard with the flag of the United States, the latter shall always be at the peak. No such flag may be placed above the flag of the United States.
(e) Size of flags: The size of the flag of the United States shall be determined by the exposed height of the flagpole from which it is flying and shall not- exceed the flag sizes recommended by federal rules and regulations.
(f) Maintenance:
(1) When a flag is in such condition that it is no longer a fitting emblem for display, the flag shall be replaced.
(2) When the flag of the United States requires replacement, the flag shall be destroyed in accordance with rules and regulations promulgated by the federal government.
2. Flagpoles.
(a) One freestanding flagpole to display the flag of the United States of America and/or the State of New Jersey shall be permitted on a property in business, commercial, industrial or professional zoning districts.
(b) The flagpole shall be located in a curbed and/or landscaped area.
(c) The height of the flagpole may be no greater than 10' above the maximum building height permitted in the zoning district, but in no case may the height exceed 45'.
(d) All height limitations shall be measured from ground level to the highest-part of-the flagpole.
B. Permits.
1. Residential Zones.
All flagpoles other than those installed in residential zones shall require permits. To obtain such permit, the owner of the proposed flagpole shall make application to the Zoning Official on forms provided by the Borough of Shrewsbury.
2. Fee.
Application for a permit shall be accompanied by a fee of twenty-five dollars ($25.) by cash or check payable to the order of the Borough of Shrewsbury, which fee shall not be returnable for any reason.
3. Applications.
The application shall contain the following information:
(a) The name, address of the owner of the premises upon which the flagpole is sought to be installed, and if the applicant is a person other than the owner, then the applicant, in addition shall set forth his/her name, address or telephone number as well as the relationship to the owner.
(b) The name of the person, firm, corporation or association installing the flagpole.
(c) Written consent of the owner of the land on which the flagpole is to be installed, if the applicant is other than the owner.
(d) Applicants shall submit copies of an approved site plan if the property has previously received site plan approval, of, if not, a survey of the property on which the flagpole is to be located. In the event a site plan or a survey is not available, the applicant shall have the location staked for review.
(e) Applicants shall provide a location of the flagpole on the survey or site plan, which reflects the proposed flagpole and distances to other structures and property lines.
(f) Applicants shall submit the flagpole specifications for the footings and/or mode of illumination, if any, in accordance with the provisions of Ordinance 94.8.22 Lighting Section C.2.a. This information shall be supplied by virtue of being set forth in blueprints.
(g) If in the opinion of the Zoning Official, the changes to the original site plan are solely for the purpose of locating a flagpole and the site will continue to operate so as to promote the public health, safety, and the general welfare, an administrative approval may be given.
(h) In the alternative, if the Zoning Official finds that the proposed location of the flagpole (1) to be a detriment to the public health, safety, and general welfare, or (2) does not comply with the specifications in § 94-8.34 2 Permits sub section (b), the Zoning Official shall not grant an administrative approval.
A.site plan application before the appropriate municipal board shall be made.
4. Installation.
Flagpoles are to be installed in accordance with the specifications submitted with the application for a Zoning Permit and are subject to inspection of the Construction Official and for applicable fees for said inspection.
5. Nonconforming flagpoles.
(a) Continuance. Except as provided in this section, the lawful use of any flagpole existing at the date of the adoption of this ordinance may be continued.
(b) Reversion. No nonconforming flagpole shall, once changed into a conforming flagpole, be changed back to a non conforming flagpole.
**Webmasters Note: The previous section 94-8.35 has been added as per Ordinance No. 794.
A. All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey. set forth in the Soil Erosion and Sediment Control Act, Chapter 251, Laws of 1975, as amended and supplemented.
B. Certification of the soil erosion and sediment control plan shall be required from the Freehold Soil Conservation District unless:
(1) Land disturbance is associated with the construction of a single-family dwelling unit unless such unit is a part of a subdivision, site plan, zoning variance or building permit application involving two (2) or more such single-family dwelling units.
(2) Land disturbance is five thousand (5,000) square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
(3) Land disturbance associated with agricultural use of lands when operated in accordance with a farm conservation on a plan approved by the Freehold Soil Conservation District or where the soil district has determined that such use will not cause excessive erosion and sedimentation.
(4) Land disturbance associated with gardening primarily for home consumption.
A. Solid wastes from all uses other than single- or two-family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area.
B. The screened refuse area shall not be located within any front yard area.
C. The refuse storage area shall be surrounded on three (3) sides by a solid uniform fence or wall not less than five (5) feet nor more than eight (8) feet in height. Such fence shall be exempt from the provisions of any ordinance of the borough regulating the height of fences and requiring permits therefor.
D. A five-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for municipal agency approval.
E. The opening in the enclosed refuse area should be provided with a solid gate not less than five (5) feet in height to permit access to the refuse enclosure and screening from adjoining properties and public streets.
F. If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing.
G. The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.
H. All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.
I. If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The municipal agency may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.
A. Storm drains, culverts, catch basins and other drainage structures shall be installed in each subdivision in accordance with the map submitted to the municipal agency.
(1) All storm drainage facilities shall be constructed in accordance with the applicable requirements of the standard specifications.
(2) The developer (or his engineer) shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities.
(3) Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.
B. All storm drainage pipes shall be either slip-joint-type reinforced concrete or, subject to the restrictions herein, fully coated. invert paved, corrugated metal steel culvert pipe meeting the requirements of the standard specifications.
(1) All pipe shall have a wall thickness sufficient to meet the proposed conditions of service; however, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed.
(2) All pipe shall comply with ASTM C-76.
(3) Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted.
(a) No concrete pipe may be laid on grades exceeding eight percent (8%).
(b) Concrete pipe less than thirty (30) inches (or equivalent) in diameter will be jointed using a mortared joint in accordance with the specifications.
(c) Concrete storm drain pipes, thirty (30) inches or larger in diameter will be jointed using a preformed bituminous-pressure-type joint senior or rubber ring-type or other equivalent approved joint which will exclude infiltration.
(4) All corrugated metal pipe shall be fully bituminous coated with a paved invert and of a gauge meeting the requirements of the standard specifications sufficient for the proposed service.
(a) Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same is otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength.
(b) Substitution on an equivalent gauge basis will not be allowed.
(5) All storm drains shall be a tangent between inlets, manholes or other structures, except that the use of fittings or factory curved pipes may be allowed by the Borough Engineer when necessary to accommodate existing geometry or utilities.
(6) Prior to laying any storm drain, the bottom of all trenches shall be inspected by the Borough Engineer.
(a) Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable condition.
(b) These shall include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions.
(c) Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.
C. Inlets and manholes shall be constructed where required in accordance with the requirements of the standard specifications.
(1) All street inlets shall be New Jersey Department of Transportation Standard Type B. Casting heights on any streets shall be two (2) inches greater than the specified curb face, and the gutter shall be properly transitioned approximately ten (10) feet on either side of the inlet.
(2) All yard inlets shall be Standard Type A or E.
(3) Drains shall be installed where the character and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary.
(a) These combination drains shall be constructed as follows: The bottom one-third (1/3) of the pipe shall be caulked with jute or equivalent material, and the pipe shall be laid in a stone bed for a depth equal to one-half (1/2) the diameter of the pipe.
(b) The trench shall then be filled in the same manner as described in Subsection B(6) above.
(4) In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed six hundred (600) feet.
(5) Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.
(6) Generally, sufficient inlets will be placed to eliminate any flow across any intersections.
D. Open channels shall be designed to contain the required flow and shall have a design velocity low enough in the judgment of the Borough Engineer so as not to cause erosion.
(1) The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus twenty-five (25) feet rounded to the next highest five-foot increment.
(a) The excess easement area shall be provided to offset to that side of the channel most convenient for use by maintenance crews.
(b) The minimum distance between the channel ton edge and any easement line shall be five (5) feet.
(2) Changes of direction in open channels must have a maximum radius of eight hundred (800) feet or be adequately paved or riprapped.
E. Culverts or drains shall be constructed as specified herein.
(1) The location, length, depth, grade, type and size of pipe shall be designated on the plans.
(2) Trenches shall be bridged at the street crossings, intersecting streets and public and private entrances in such a manner that traffic will not be interrupted.
(3) Easement of a width sufficient to allow proper maintenance, but in no case less than fifteen (15) feet, shall be provided for the outletting of all drains, pipelines, etc., to streams, existing storm drains or other legal drainage courses. These easements shall be granted to the borough in writing, the form of which is to be approved by the Borough Attorney and the metes and bounds description to be approved by the Borough Engineer.
(4) All non pipe culverts shall be designed for AASHO H2044 loading.
F. Headwalls shall be provided at all terminations.
G. Retaining walls installed in slope control areas shall be adequately designed to carry all earth pressures, including any surcharges. The heights of the retaining walls should not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building to the face of the retaining wall.
H. Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate.
(1) The municipal agency may require that any open channel, other than naturally occurring streams, shall be fenced with chain link fencing forty-eight (48) inches high if the banks of the channel are steeper than one (1) foot vertically for every four (4) feet horizontally and either the total depth of the channel exceeds four (4) feet or the channel would be expected to have a depth of flow greater than two. (2) feet more often than once every ten (10) years.
(2) For maintenance purposes, gates may be required by the municipal agency at approximately two hundred-foot intervals.
I. Stormwater runoff restrictions in all proposed subdivisions and residential developments with an area of ten
(10) acres or more and all business, commercial and industrial development comprising a site or tract area of five (5) acres or more, the maximum design limit for stormwater runoff shall be one hundred fifteen percent (115%) of the runoff generated by the site in its natural conditions, unless downstream facilities have been determined to be fully adequate.
(1) Runoff calculations shall be based on the rational method, or the New Jersey Department of Environmental Protection's design flood runoff index curves or Soil Conservation Service procedures, as may be acceptable to the Borough Engineer.
J. Special drainage provisions.
(1) The existing system of natural drainage within each development shall be reserved to the maximum extent possible. To this end, the municipal agency may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.
(2) Subject to review and approval by the municipal agency, the design of the development may be modified to take advantage of the natural drainage features of the land.
