Township of Pilesgrove, NJ Exceptions, Modifications and Development Alternatives

An application for a car wash shall satisfy all procedural requirements and standards for site plan review and also shall include appropriate off-tract information to permit the Planning Board to make an informed decision as to whether the requirements set forth in Subsections B(2) and B(3) hereinbelow have been met.

The Planning Board shall be satisfied that the proposed development will be in harmony with adjacent activities and land uses.

The Planning Board shall be satisfied that the off-tract circulation is adequate for the movement of people and goods, whether in vehicles or as a pedestrian or by bicycle or other means. The Planning Board must make a specific determination that the access to and from the tract is adequate and that the adjacent road system is capable of accommodating the proposed traffic load, particularly during peak hours.

The Planning Board shall be satisfied that the applicant has taken into consideration the physical constraints of the tract, including topography, drainage, soil conditions and existing vegetation.

The Planning Board shall be satisfied that on-tract circulation is adequate, safe and efficient for all users and vehicles, including pedestrians, automobiles, delivery vehicles, emergency vehicles and service vehicles.

A car wash shall satisfy the following requirements in addition to requirements otherwise applicable in the HC Zone:

The minimum lot size for car washes shall be 1.5 acres, and the minimum frontage shall be 200 feet. Rear and side yard setbacks shall comply with the minimum yard requirements for the HC Zone.

The front yard setback shall be 100 feet. No structure or activity shall be permitted within the required front yard setback except for access drives. Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.

All mechanical activities must be conducted within a totally enclosed building, other than individual car vacuums. No merchandise, products or other equipment or objects shall be displayed or stored outside.

Off-street parking shall be provided in accordance with the following schedule:

Three access lanes for each mechanized car wash entrance, with each lane having a minimum capacity for 12 vehicles;

One separate space for each waxing, upholstery cleaning or similar specialized service area; and

One space for each employee.

All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles must be accommodated on the lot.

Two spaces for every mechanized car wash entrance shall be provided for existing vehicles outside the building for drying purposes and customer pickup. Such spaces shall not interfere with any required or necessary exit lanes.

A landscaped buffer of at least 15 feet shall be provided along the rear and side lot lines. The landscape buffer shall be increased to 25 feet along any common property line with a residential use or district.

No motor vehicle, trailer or similar equipment or part thereof shall be displayed or parked on the premises for the purpose of display, sale, storage or the like.

The building facade shall not consist of metal siding. Long expanses of building facades shall be broken up with variations in architectural design and landscaping.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 10% of the front facade of the principal building, or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and property lines.

All of the other area, yard, building coverage, height and general requirements of the HC Zone and other applicable requirements of this chapter must be met.

(Reserved)[1]

Editor's Note: Former Subsection B, Community residences and community shelters, was repealed 3-11-2003 by Ord. No. 0211.

Intensive fowl or livestock farms.

Intensive fowl or livestock farms may be established in the AR Agricultural Retention and RR Rural Residential Districts only as a conditional use after site plan review and approval by the Planning Board.

In addition to the normally required site plan information, the application shall set forth:

The purpose of the operation.

The manner in which animals or fowl would be housed or ranged.

The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.

The location of and methods for the storage, disposal or other utilization of liquid and/or solid wastes.

The location of any outside fowl ranges or livestock pens or corrals.

Proposed lighting and ventilation.

The Planning Board must find that the system for disposal of waste from the animals is adequate and have reasonable assurance that it will continue to be adequate, practical and efficient for the foreseeable future and, if necessary, can require guaranties of the same. Disposal of waste by a combination of holding tanks and injection into land owned by the operator may be required by the Planning Board after taking into consideration the number and type of animals, the type and amount of confinement and the amount of land owned by the operator on which waste will be spread.

The Planning Board must find that the operation planned will not reasonably be expected to constitute a nuisance because of odor, sound or sight to the neighborhood nor create any reasonably foreseeable sanitation or health problems.

Any building, fenced run or other enclosure for the containment of fowl or livestock or for the storage of animal waste on an intensive fowl or livestock farm shall be set back from any front, side or rear property line and from any zoning district boundary line in accordance with the following provisions:

The setback distance shall be 250 feet from any property line within the AR District;

The setback distance shall be 500 feet from any property line not within the AR District;

The setback distance shall be 500 feet from any zoning district boundary line separating the AR District from any other zoning district; and

Notwithstanding the above provisions to the contrary, a pasture with animals kept within it may be established and maintained closer than 500 feet to a property line or zoning district boundary line under the following conditions:

An adequate fence is maintained; and

A growth of grass or other foraging vegetation has been established and is maintained.

The feeding of swine upon garbage, either cooked or uncooked, is specifically prohibited.

In reviewing any application for an intensive fowl or livestock farm, the Planning Board may request:

An advisory opinion from the Soil Conservation District concerning the adequacy of plans for liquid or solid waste management (including proposed handling methods if off-site disposal is contemplated) and as to whether such plans comply with Standards for Animal Waste Management, as adopted by the Salem Conservation District.

An advisory opinion from the office of the County Agricultural Agent concerning the adequacy of plans for dealing with specific potential nuisance characteristics in relation to any applicable published standards or guidelines issued by the State of New Jersey or Rutgers, the State University.

Any certificate of occupancy shall remain valid only as long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the Board.

Fast-food convenience stores and fast-food restaurants.

The use shall be conducted within a totally enclosed, permanent building.

The minimum lot size shall be one acre, the minimum lot frontage and width shall be 150 feet and the minimum lot depth shall be 200 feet. The front yard minimum shall be 75 feet, the side yard minimum shall be 75 feet and the rear yard minimum shall be 50 feet, except at least a twenty-five-foot buffer shall be required along any common property line with a residential use or district which shall be appropriately landscaped with evergreen plantings and bermed, if necessary, to provide sufficient screening.

The maximum building coverage shall be 20%, and the maximum lot coverage shall be 55%. All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition. In any case, at least the first 25 feet adjacent to any street line and 15 feet to any property line shall be planted and maintained in ground cover and landscaped with a mixture of native shrubbery.

There shall be no manufacturing. Additionally, there shall be no processing or assembling except that which is incidental and essential to the food enterprise, such as the assembling of sandwiches, and only when the processed or assembled merchandise is sold at retail on the premises.

All fast-food restaurants and fast-food convenience stores shall provide separate public rest room facilities for male and female customer use.

The hours of operation shall be no longer than 20 hours per day, and the facility shall be closed between the hours of 2:00 a.m. and 6:00 a.m., at the minimum.

Ingress and egress shall be provided from a nonresidential arterial or collector street. Adequate on-site parking shall be provided either at a ratio of one space for every 100 square feet of gross floor area or one space for every three seats, whichever results in a greater requirement, plus additional parking for employees as necessary.

A loading zone shall be provided for off-street loading at the side or rear of the building. There shall be at least one off-street loading space for every building. Each loading space shall be at least 15 feet in width and 40 feet in length with adequate ingress and egress from a public street. There shall be no loading and unloading from the street.

There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by a location outside the building which shall be a steel-like, totally enclosed container which shall be placed on a concrete pad and enclosed by a fenced-in area eight feet by eight feet, six feet high, with an opening front gate to be located at least 20 feet inside the property line.

All of the other area, yard, general and sign requirements of the HC Zone and other applicable requirements of this chapter must be met.

Kennels and animal hospitals.

Kennels and/or animal hospitals may be established in AR Agricultural Retention Districts only after site plan review and approval by the Planning Board.

Kennels or animal hospitals having open pens or cages shall be located on a land parcel having a minimum of five acres and shall be set back at least 200 feet from all lot lines.

In cases where the use is to be carried on within a completely enclosed, soundproof building, the AR Agricultural Retention District lot and yard requirements shall apply.

Kennels and animal hospitals may have one freestanding sign not exceeding 30 square feet in size and 10 feet in height and set back at least 10 feet from any street line and at least 50 feet from any property line.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

All of the other yard, coverage and height requirements of the AR District and other applicable requirements of this chapter shall be met.

Off-site business direction signs.

Off-site business direction signs are permitted as conditional uses, provided that the Planning Board has made a finding that such sign is reasonably necessary to aid members of the public to find the place of business identified and has further found such a sign will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter.

The sign shall not exceed eight square feet in area, shall not be more than 15 feet in height, shall be located at least 100 feet from any street line intersection and 500 feet from any other off-site sign, shall not be flashing or animated and shall be located within three miles of the goods or services advertised.

The sign shall be set back at least 10 feet from any street right-of-way line or further if determined to be in the best interest and safety of the public by the Planning Board.

The sign shall be no closer to any boundary line with an adjacent property than the minimum side yard requirement for a principal building in that zoning district as specified in Articles IV and VI of this chapter.

The sign shall contain no information other than the name and location of the place of business and directions as to reaching said business.

There shall be no more than one such sign on any parcel of land under common ownership.

There shall be no more than one such off-premises sign within the Township for any particular place of business.

Any conditional use approval granted for such a sign shall terminate upon the termination of the business that is identified, and the sign must, thereupon, be removed promptly or it shall constitute a violation of this chapter by the owner of the land on which it is located.

The Planning Board may impose any other conditions which it finds reasonable to prevent detriment to the public good and impairment of the intent and purpose of the zone plan and this chapter.

The application for the conditional use shall be made jointly by the owner of the land on which the sign is to be placed and by the owner of the business that is to be identified.

Planned industrial developments.

A planned industrial development in the AR District is permitted as a conditional use, provided that the tract(s) directly abut a railroad right-of-way, serving the planned industrial development uses for the purposes of loading and unloading.

The planned industrial development shall conform to the provisions of § 145-41E except that the minimum tract size shall be at least 100 acres in size and except further that a hotel/motel principal building shall not exceed 48 feet and four stories in height.

Public utility uses.

[Amended 3-12-2007 by Ord. No. 07-01]

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial centers, power substations, and other utilities serving the public such as water and sewage conveyance, treatment, and storage facilities, but shall exclude dumps or sanitary landfills.

The proposed installation in a specific location must be necessary for the convenient and efficient operation of public utility uses involved and for the satisfactory provision of service by the utility to the neighborhood or area in which the use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities, such as electrical substations, shall be built in accordance with the applicable requirements of the Board of Public Utilities and the Uniform Construction Code (UCC).

The maximum building coverage shall be 35% and the maximum lot coverage shall be 50%. Landscaping, including shrubs, trees and lawns shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

The maximum building or structure height shall be 100 feet for a water storage tank, provided that the standpipe has been designed to blend into the rural landscape. The architectural design of the tank shall be reviewed and approved by the Township during site plan review based on this standard.

Roadside stands.

In conjunction with a farm only, one roadside stand offering for sale produce harvested on the farmed premises or elsewhere in the Township shall be permitted as a conditional use and shall require site plan review and approval from the Board.

Roadside stands shall be maintained in good repair on a well-kept site. They shall have only one entrance and one exit from the highway and shall maintain no display of goods nearer than 40 feet to a road right-of-way line.

One off-street parking space for every 100 square feet of display area shall be provided.

Three seasonal agricultural signs and one identification sign may be erected in accordance with § 145-34A(16).

Satellite dish antennas.

The purpose of this subsection is to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare by permitting the use of satellite dish antennas as conditional uses in all zones, said antennas to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antennas shall be subject to the minor site plan review provisions set forth in § 145-55 of this chapter and the construction permit provisions set forth in § 145-65D.

Installation or construction of satellite dish antennas shall be subject to the following minimum requirements:

A satellite dish antenna shall function only as a receiving station and not as a transmitting station except, subject to the following requirements, an antenna used by the amateur radio operator licensed by the Federal Communications Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.

A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.

A satellite dish antenna shall be ground-mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located except that, in cases where the applicant can demonstrate that locating the satellite dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the Board may approve an alternate location as listed hereinbelow in order of municipal preference, based upon the testimony offered by the applicant:

A satellite dish antenna may be ground-mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or

As a second preferred alternate, a satellite dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend more than one foot above the roofline where mounted, is no larger than three feet in diameter and is located toward the rear of the structure away from the street line.

A satellite dish antenna shall not exceed 12 feet in diameter and, unless impracticable, shall be of the aluminum-mesh-type.

No ground-mounted satellite dish antenna shall extend higher than 15 feet above ground level.

A ground-mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings. To the greatest extent possible, all satellite dish antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted.

No lot shall have more than one satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code.[2] Additionally, the installation of the satellite dish antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.

Editor's Note: See Ch. 80, Construction Codes, Uniform.

Portable-mounted satellite dish antennas are prohibited.

Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all state and federal requirements.

Service stations and public garages.

The minimum lot size for service stations and public garages shall be one acre, and the minimum depth shall be 100 feet. The minimum frontage shall be 200 feet for public garages and for those stations with not more than three dispensing pumps; for every three additional pumps or fraction thereof, the minimum frontage shall be increased by an additional 50 feet. The minimum front yard setback shall be 30 feet for any structure except permitted signs; the minimum side yard setback shall be 20 feet for any structure; and the minimum rear yard setback shall be 30 feet for any structure or parking area.

No service station or public garage shall be located within 400 feet of any firehouse, school, playground, church, hospital, theater, public building or institution. No service station or public garage shall be located within 800 feet of any other service station or public garage. A minimum forty-foot setback with a minimum fifteen-foot-wide planted buffer within the setback shall be provided between any building on a lot utilized for a service station and any residential use or district.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building except as approved by the Board as part of a site plan application. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.

No junked motor vehicle or part thereof shall be permitted on the premises of any service station or public garage. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building in a screened area to the rear of the service station for a period of time not to exceed 15 days, provided that the owners of said vehicles are awaiting their repair.

The maximum building coverage shall be 20%, and the maximum lot coverage shall be 65%. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station. There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application unless accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the principal building.

No gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless within the permanently enclosed building. All drainage, refuse, grease drippings, oily rags or other greasy or oily waste material shall be kept enclosed in metal containers approved by fire underwriters for disposal.

All fuel tanks shall be installed underground and shall be located at least 35 feet from any property line. Gasoline filling pumps and air pump islands shall be a minimum of 20 feet apart.

Parking spaces at service stations.

Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area; or one marked parking space for every 1,000 square feet of lot area, whichever provides the greater number, except that no more than 20 parking spaces shall be provided for any service station use. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas.

No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved area or within 15 feet of any property line. Driveways shall be a minimum of 10 feet from all lot lines and 35 feet from street intersections and other driveways on the same lot.

Any building or buildings to be erected for use as a service station or public garage, or in connection therewith, shall be of masonry construction exclusive of ornamentation and roof; it shall have a minimum area of 1,000 square feet.

Service stations shall provide one public rest room facility for male use and one public rest room facility for female use.

Food marts, where the resale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered fast-food convenience stores and are not permitted as part of a service station.

Service stations and public garages may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 50 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

(14)

Any part of the site subject to access by motor vehicles shall be hard-surfaced with concrete or bituminous concrete or asphalt and shall be graded and drained to adequately dispose of all surface water accumulated. Whenever the site abuts the side or rear line of a residence district, a solid masonry wall or a solid fence not less than four feet high shall be erected along said side or rear lot line up to but not beyond the setback line. The materials and location of such wall or fence shall be subject to the approval of the Planning Board, and said Board may also require buffers of foliage, screen fencing or other protective devices if necessary to protect surrounding properties from the effect of light or noise generated on the site.

(15)

In addition to the general site plan requirements, scaled maps accompanying the application for any service station or public garage shall clearly delineate the actual floor space and/or ground area to be devoted to or used for the purpose of motor vehicle storage, the location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers within 1,000 feet of the proposed building or use. The site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, the number and location of pumps to be installed and the type and location of all principal and accessory structures to be constructed.

All of the other area, yard and general requirements of the respective zones and other applicable requirements of this chapter must be met.

Truck terminals.

[Amended 6-20-2000 by Ord. No. 6007]

The minimum lot size for a terminal providing for the storage and/or repair for more than 15 trucks shall be 20 acres; otherwise, the minimum lot size shall be five acres.

At least the first 50 feet adjacent to any lot line shall not be used for parking, loading or other uses and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery and trees.

A minimum one-hundred-foot setback with a minimum forty-foot-wide planted buffer within the setback shall be provided along any common property line with a residential district or use.

The activities on the site shall be adequately screened from view.

All lubrication, repair work, appliances and similar equipment and activities shall be within an enclosed building except as approved by the Board as part of a site plan application. No refrigerator motors, diesel engines or other such machinery shall be permitted to operate unless an operator is present at the vehicle.

All of the other area, yard and general requirement of the LM Zone and other applicable requirements of this chapter must be met.

Intensive land cover farms.

[Added 7-12-2005 by Ord. No. 05-09; amended 7-10-2007 by Ord. No. 07-10]

Intensive land cover farms may be established in the Agricultural Retention (AR) Districts only as a conditional use after site plan review and approval by the Planning Board based on adherence to the standards of this subsection.

The applicant for an intensive land cover farm conditional use shall submit a site plan application indicating the purpose of the farming operation, the nature of temporary and permanent land cover structures or enclosures, the duration of the use of the structures, and the means of managing the runoff from the temporary or permanent structures or enclosures. The site plan should include sufficient detail, drainage calculations, and drawings to enable an engineering review of the stormwater management system to be conducted. The extent of the proposed structures or enclosures and lot impervious coverage shall be specified.

The Planning Board must find that the intensive land cover farm will manage the stormwater runoff in accordance with the stormwater management regulations of this chapter. All runoff from the limits of disturbance shall be controlled in both runoff quantity and quality. Filter strips shall be provided to control sheet drainage that is not collected by the stormwater management system.

The Planning Board must find that the operation will not increase the potential for the release of contaminants from the farm. In this regard, fuel tanks for heating of the enclosures and other potential sources of contaminants shall be designed for spill containment.

The Planning Board must find that the intensive land cover farm will be effectively buffered from adjacent farms and/or land development. All structures should be effectively screened from off-site view.

The Planning Board must find that any enclosure or structure, temporary or permanent, will not encroach on the setback requirements of the AR District.

Wireless telecommunication facilities. The following requirements shall apply to all proposed wireless telecommunication facilities (except those permitted to be installed within the municipal right-of-way in accordance with § 180-12) and shall be considered by the Reviewing Board in the review of all plans submitted as part of a wireless telecommunication facility:

[Added 3-12-2007 by Ord. No. 07-01; amended 3-13-2018 by Ord. No. 18-03]

"Wireless telecommunications facilities" are facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structures, telecommunications towers, and related facilities other than wireless telecommunications equipment facilities.

"Wireless telecommunications equipment facilities" are accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunication tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, driveways and parking areas, and security fencing.

As part of site plan review, each wireless telecommunications facility applicant must confirm to the Board's satisfaction that the proposed location does not result in an unacceptable degree of visual impact upon adjacent residential properties.

Each wireless telecommunications facility must include a tower of 150 feet in height with the capacity to be extended to 180 feet for additional collocation opportunities.

Each wireless telecommunications facility applicant must submit its five-year plan for service and/or additional wireless telecommunications facilities within the Township as a condition of any site plan approval.

Each wireless telecommunications facility owner/operator must register with the Township in January of each year by submitting a letter to the Township Clerk, copies to the Township Engineer, Board Secretary, and Zoning Officer, that confirms the names and addresses of all service providers using the site, the nature of their services, and the number of collocation opportunities remaining at the facility. The registration information will be used in connection with: 1) the Board's review of future wireless telecommunications facility development applications; 2) any Township planning and legislative efforts with respect to wireless telecommunications; and 3) enforcement of the conditions of this approval and other Township regulations. If the applicant fails to register the facility as required herein within 30 days following the Township's issuance of written notice of such failure, or if the facility is not used for the provision of wireless telecommunications service for any period of six months or more, then the facility will automatically be deemed abandoned (as of the 31st day following issuance of written notice of failure to register or, in the event of abandonment due to nonuse, as of the 181st day following the date of last use), whereupon all of the applicant's development approvals will automatically expire.

Each wireless telecommunications facility owner/operator must provide reasonable collocation opportunities at the facility for other wireless telecommunications providers.

All wireless telecommunications facility towers must remain unlighted. If other laws, such as, but not limited to, FAA regulations, require lighting at any wireless telecommunications facility, such facility will automatically be deemed prohibited.

If a wireless telecommunications facility is abandoned, deemed prohibited, or if its approvals expire for any reason, the applicant/owner must remove the facility completely from the property within six months following the date of abandonment, prohibition or expiration, and restore the property to its preexisting condition. Failure to remove the facility and restore the property as required herein will constitute zoning violation(s) for prohibited uses/structures that will subject the applicant/owner to fines and penalties as specified by ordinance.

No wireless telecommunications facility may be constructed within 2,000 feet of any other wireless telecommunications facility.

Major commercial uses. A "major commercial use" is an individual commercial establishment or tenant that exceeds 20,000 square feet in gross floor area that may be approved as a conditional use in accordance with the following standards:

[Added 3-12-2007 by Ord. No. 07-01]

The individual commercial establishment or tenant is a component of a neighborhood shopping center that contains a diversity of physically attached commercial uses, including at least four additional individual commercial establishments or tenants on the first floor.

The proposed site layout will adequately accommodate the major commercial use without impacting site or pedestrian circulation, landscaping buffers, and natural resource protection areas.

The building facade and mass will be broken up by the architectural design and will conform to the TND standards.

§ 145-40 General exceptions and modifications.

Christmas tree sales. The annual sale of Christmas trees is permitted only on farms and/or in the CC and HC Districts between Thanksgiving Day and December 25, inclusive.

Height limits. Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the heights prescribed by this chapter but in no case more than 20% more than the maximum height permitted for use in the district; mechanical equipment or other such roof-mounted structures shall be adequately screened from view. Silos, barns and other agricultural structures shall have no height restrictions.

Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that said vehicle is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with any State Division of Motor Vehicles, except that this provision shall not be deemed to limit construction equipment which is used on the site for construction purposes.

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

Projection into side yards. A chimney or fireplace projecting not more than 21 inches from the wall of a building may extend into the required side yard, provided that it does not reduce the width dimension of a driveway, which driveway shall not be less than 10 feet.

Right to farm.

The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use everywhere in the Township of Pilesgrove, regardless of zoning designation and regardless of specified uses and prohibited uses set forth elsewhere in this chapter, subject only to the restrictions for "intensive fowl or livestock farms" as defined and regulated by this chapter and subject to Township health and sanitary codes. The right to farm as it is used in this section includes the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, numerous farm laborers and the application of manure, chemical fertilizers and insecticides and herbicides, all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. This right to farm shall also include the right to use land for grazing by animals, subject to the restrictions for intensive fowl or livestock farms as may be applicable.

The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular farming, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them also are specifically permitted as part of the exercise of this right. It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the benefits from farming to the neighborhood and community and to society in general by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Pilesgrove Township and in New Jersey as a source of agricultural products for this and future generations.

Undersized lots in the AR and RR Districts.

All vacant lots in the AR and/or RR Districts existing prior to January 1, 1994, between one and two acres in area, which conform to the requirements specified in this chapter for detached dwellings in the SR District shall be permitted to be developed with a single-family detached dwelling in accordance with the SR District requirements, provided that all other necessary permits and approvals for construction of a single-family detached dwelling are secured in the usual manner.

All detached single-family dwellings located in the AR and/or RR Districts on January 1, 1994, on lots between one acre and two acres in area shall meet the requirements specified in this chapter for detached single-family dwellings in the SR District.

Yard sales; fee.

A homeowner or nonprofit institution may hold a yard sale or tag sale on the premises twice in any calendar year upon obtaining a permit. The tag or yard sale shall not exceed two consecutive days. The permit fee for such a sale shall be $5, and the permit must be obtained from the Zoning Officer or other designated Township official.

The outside area to be utilized for the yard sale or tag sale shall not exceed 900 square feet in size and shall be located within the property lines, outside the right-of-way. No activity of the yard sale shall obstruct driveways or on-site vehicular circulation. The yard sale or tag sale shall be conducted by the homeowner or nonprofit institution upon whose lot the yard sale or tag sale is being conducted; there shall be no employees associated with such a sale.

A maximum of four temporary off-premises directional signs measuring not over six inches by 18 inches each for tag sales are permitted. A permit must be obtained from the Zoning Officer for the use of such signs. Signs must be removed by the permittee within three days after the event.

§ 145-41 Planned developments.

Types and locations.

Agricultural retention clusters are permitted on tracts of land at least 100 acres in area within the AR District.

Age-restricted residential clusters are permitted on tracts of land at least 95 acres in area within the SR District where indicated on the Zoning Map.

Planned industrial developments are permitted on tracts of land at least 100 acres in area within the LM Districts.

Agricultural retention clusters.

The total gross acreage of the tract shall specifically be apportioned among the following two principal uses:

Farms, as defined in § 145-8, or other agricultural uses where 50% of the total gross acreage of the tract is deed restricted to said agricultural uses.

Detached single-family dwelling units developed on the remaining 50% of the tract in accordance with the area and yard requirements specified for the SR District in § 145-16D of this chapter, except that a one-hundred-foot buffer must be provided between that portion of the tract set aside for farm or agricultural uses and any residential lot. The Right to Farm Ordinance[1] shall apply to any residential development in an agricultural retention cluster.

Editor's Note: See § 145-40G.

The detached single-family dwelling units shall be developed in accordance with § 145-16 of this chapter for detached single-family dwelling units in the SR District. Farms shall be in accordance with § 145-16 of this chapter for farms in the SR District.

Age-restricted residential cluster.

Principal permitted uses on the land and in buildings shall be as follows:

Detached single-family patio homes.

Townhouses.

Public playgrounds, conservation areas, parks and public purpose uses.

Public utilities as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)

Accessory uses permitted shall be as follows:

Recreational facilities as approved by the Planning Board as part of a site plan application for development.

Off-street parking and private garages. [See Subsection C(7) hereinbelow.]

Fences and walls approved by the Planning Board up to six feet in height, with such fences and walls located on lot lines as a shared element between the lots, except that fences for specific recreational uses, such as enclosures for tennis courts, may exceed six feet in height if specifically approved by the Planning Board.

Signs. [See Subsection C(8) hereinbelow and § 145-34.]

Temporary construction trailers and one sign not exceeding 20 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy of one year, whichever is less, provided that said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.

Maximum building height. No building shall exceed 35 feet in height and 2.5 stories except as allowed in § 145-40 of this chapter.

Maximum number of dwelling units permitted. The maximum number of dwelling units within an age-restricted residential cluster shall be computed on the basis of three dwelling units per gross acre of land. Patio homes shall account for between 50% and 75% of the total residential units in the development with the remaining residential units to be townhouses.

Area and yard requirements shall be as follows:

Patio home dwellings:

Principal building (minimum)
	Lot area (square feet)	4,500
	Lot frontage (feet)	50
	Lot width (feet)	50
	Lot depth (feet)	90
	Side yard¹ (feet)	10 one; 0 other²
	Front yard (feet)	20³
	Rear yard¹ (feet)	15
Accessory building, minimum (feet)
	Distance to side line	5
	Distance to rear line	5
Maximum lot coverage⁴		60%

	NOTES:
	¹Design elements and decks as described below may extend into the minimum required yard area, provided that in all cases the first floor and second floor design elements may intrude not more than three feet into the minimum required yard area (decks may extend further); and provided, further, that the extensions will only be allowed when privacy walls, screening or fencing are incorporated as part of the overall design of the dwelling unit or where the subject yard area abuts major open space areas at least 100 feet in width along the entire length of the subject lot line.
	First floor design elements. Chimneys, window elements, eaves, entranceway elements and similar architectural and foundation projections as approved by the Planning Board, provided that the total length of such extensions is limited to 45% of the linear distance of the foundation wall.
	Second floor design elements. Chimneys, eaves, bays, cantilevers and windows.
	Decks. Decks may be permitted, subject to specific approval by the Board of specific submitted designs, provided that such decks are located in side and/or rear yard areas only, are set back a minimum of five feet from all property lines and do not occupy more than 25% of any particular side or rear yard area within which a deck is located. Decks off the first floor of a dwelling unit shall be no more than two feet higher than the mean elevation along the building foundation below measured to the top of the deck platform. Decks off the second floor of a dwelling unit may only be permitted where the subject yard area abuts major open space areas at least 100 feet in width along the entire length of the subject lot line. Decks and landscaping in the vicinity thereof shall be constructed and/or maintained at all times so as to afford reasonable pedestrian access to rear yards.
	²Provided that dwellings on adjacent lots (excluding the common wall between attached patio home units) shall be separated by a distance of at least 14 feet, such distance measured between foundation walls, but excluding any design element or deck extensions in accordance with ¹ hereinabove.
	³Provided that the front yard setback may be reduced to a minimum of 10 feet when a low front brick wall or wooded picket or ornamental wrought-iron fence, or a combination thereof, is provided along the frontage of the lot in order to create a privacy area and where similar front yard treatments are provided to a sufficient number of other patio home lots in order to create a minimum contiguous street frontage of 200 feet with such front yard treatments.
	⁴Includes the square footage coverage of the lot by all buildings and other impervious surfaces. In order to reasonably assure that a sufficient area of a lot remains available to a property owner for potential building expansion and the construction of accessory structures on the lot, a typical plan for the required minimum, maximum and average lot sizes shall be provided to the Planning Board indicating the extent of impervious surface coverage to be constructed on the lots prior to initial sale to a homeowner. Any restrictions to be incorporated in the deeds of the lots and within the bylaws of any homeowners' association regarding building expansion or the construction of additional accessory structures also should be indicated.

Townhouses:

Minimum distances between townhouse buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances. The minimum distances shall be 15 feet for the front of a building, 15 feet for the side of a building and 25 feet for the rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, provided that the corner of a building offset more than a twenty-degree angle from a line drawn parallel to another building shall be considered a side of the building. In addition, no building shall be located closer than 50 feet from the right-of-way of Auburn Road, 25 feet from the right-of-way line of any other street and 10 feet from any parking area.

Fee simple townhouse lots encompassing individual townhouse dwelling units may be freely disposed and arranged on the tract of land, provided that they are superimposed upon an approved site plan for the subject development. Additionally, the following provisions shall be met:

The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five feet from the edge of the pavement of any driveway or parking lot area.

No lot line shall be located closer than 25 feet from any tract property line or closer than 10 feet from any street line.

No construction permit shall be issued for any townhouse dwelling unit unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided lot. No application for a construction permit after initial occupancy will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved.

General requirements.

All units shall be restricted to households the single member of which or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which is/are 55 years of age or older.

All townhouse and patio home dwelling units shall be connected to approved functioning water and sanitary sewer systems. All utilities shall be stored underground. Additionally, the developer shall install roads, driveways, guest parking facilities, streetlights, fire hydrants, landscaping and recreation facilities and other site improvements, such as drainage facilities, as appropriate for the age-restricted residential cluster.

The proposed residential development shall be designed in a manner which addresses its relationship with and is compatible with the existing development in the vicinity of the tract.

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees to lessen the visual impact of the structures and paved areas. The proposed landscape plan shall be submitted with the site plan application for review and approval by the Board.

No townhouse or patio home dwelling unit or accessory deck, patio or fence of a townhouse or patio home unit shall be constructed unless the dwelling and/or accessory deck, patio or fence is part of an approved original or amended site plan application, which application included homeowners' association bylaws and/or resolutions governing the provisions for accessory decks, patios and fences and a typical drawing of the envisioned appearance of such accessory decks, patios and fences.

Each building and complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development, compatible within the development and in relation to adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing rooflines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Board for review and approval.

All dwelling units shall be connected to approved functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.

Dwelling units shall have access to a master television antenna system, and individual townhouse units may not erect individual external television antennas.

No townhouse dwelling unit shall be less than 20 feet wide.

Minimum off-street parking.

Patio homes shall provide two spaces per dwelling.

Townhouses shall provide two spaces per dwelling.

Each one-car garage space and the driveway leading to the garage space shall, together, be considered 1.5 parking spaces.

Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parallel or diagonal parking along interior streets.

For townhouses, all parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve.

See § 145-30 for additional standards.

Permitted signs.

Patio homes shall be permitted information and direction signs as defined in § 145-34A(5).

An age-restricted residential cluster development may have one sign along each road which the tract in question abuts, provided that there exists at least 200 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street rights-of-way and driveways at least 20 feet and from any property line at least 50 feet and shall not exceed an area of 25 square feet and shall be used to display the development's name.

See § 145-34 for additional standards.

Common open space requirements.

Land equal to a minimum of 60% of the total tract of land shall be provided and shall be specifically set aside for conservation, open space and recreation. Lands utilized for street rights-of-way shall not be included as part of the minimum required open space, and no more than 1/2 of the minimum 60% land area may include wetlands, wetlands transition areas or one-hundred-year floodplains.

The required open space shall be appropriately landscaped and provide for adequate ancillary recreational facilities as deemed desirable during site plan review. A minimum distance of 30 feet between any active recreation facility and any property line or residential building shall be provided. Access to the open space shall be provided from every dwelling unit.

The developer shall provide for and establish a locally constituted homeowners' association for the ownership and maintenance of the common open space and any other improvements not accepted by the Township of an individual lot. Homeowners' associations or other open space organizations shall be governed by the provisions of § 145-43 of this chapter.

See §§ 145-42 and 145-43 of this chapter for additional provisions.

Recycling provisions.[2]

There shall be included in any age-restricted residential cluster development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

The recycling area shall be well-lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Editor's Note: See Ch. 174, Solid Waste, Article IV, Recycling.

Collection and storage of source-separated recyclable materials.

[Added 6-14-1994 by Ord. No. 94-8]

MULTIFAMILY HOUSING DEVELOPMENT

As used in this subsection, the following terms shall have the meanings indicated:

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other or a group of such buildings.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102, (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[3]

Editor's Note: See N.J.S.A. 40:55D-28.

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near but clearly separated from a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Planned industrial developments.

Purpose. The basic purpose of permitting planned industrial developments is to provide a method of developing land which creates a variety of employment generating uses in a comprehensively planned, designed and constructed campus-type environment and which conserves environmentally fragile lands, provides an optimum traffic circulation network and contains a comprehensive water management system.

Location and size. Planned industrial developments are permitted on tracts of land at least 100 acres in size where permitted by ordinance.

Principal permitted uses on the land and in buildings shall be as follows:

Offices, including office buildings with multitenant uses.

Research laboratories.

Limited manufacturing.

Warehouses.

Hotels/motels.

Corporate complexes.

Child-care centers.

Open space, common property, playgrounds, conservation areas, parks and public purpose uses.

Accessory permitted uses shall be as follows:

Off-street parking. [See Subsection E(8) hereinbelow for specific requirements and conditions.]

Private recreational facilities owned, operated and maintained by the owners and/or tenants of the property, provided that such facilities have been reviewed and approved by the Planning Board.

Signs. [See Subsection E(10) hereinbelow for specific requirements and conditions.]

Employee cafeterias as part of a principal building or as the entire use of an accessory building, provided that the cafeteria is limited in service to the employees of the principal uses within the planned industrial development and is specifically approved by the Planning Board.

Ancillary retail and service establishments provided for the convenience of the employees within the planned industrial development, including delicatessens, barbershops, beauty salons, bookstores, gift shops, repair shops, dry cleaners, drugstores, photography shops and similar establishments, provided that they are located only on the first floor of a principal building and occupy no more than 25% of the gross floor area of the first floor of the subject building. Any increase in the percentage of a first floor area devoted to the permitted ancillary retail and service establishments shall require a variance in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.

Security guard houses, provided that such structure(s) are no longer than 12 feet by 12 feet in size, are no higher than 15 feet, are located along the entrance driveway(s) to the property, are located outside any required sight triangle and are set back at least 25 feet from all street and property lines.

Child-care centers as part of a principal building or as the entire use of an accessory building, provided that the child-care center is limited in service to the employees of the principal use situated on the subject lot.

Underground sprinkler systems, provided that the spray therefrom is not projected outside of any lot or onto any street.

On-site sewerage facilities designed and constructed to treat only the sewage generated by the uses within the subject planned industrial development.

On-site potable water supply facilities, including production wells, treatment systems and water tanks.

(k)

Temporary construction trailers and one sign not exceeding 20 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.

Maximum building and structure height.

No principal building shall exceed 48 feet and three stories in height except that a hotel/motel principal building shall not exceed 72 feet and six stories in height and except further that penthouses or other roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment and similar equipment necessary to operate the building may be erected above the height limits specified hereinabove, but in no case more than eight feet above the specified height limits.

No accessory building or structure shall exceed 25 feet in height, except that any approved sewage treatment plant and its enclosure structure may be higher than 25 feet if specifically approved by the Planning Board.

Area and yard requirements for building lots in a planned industrial development. The following requirements shall apply:

		Offices, Research Laboratories and Limited Manufacturing	Warehouses, Hotels/Motels	Corporate Complexes	Child-Care Centers
Minimum lot area (acres)		3	3	20	1
Principal building (minimum)
	Lot frontage (feet)	300	300	750	150
	Lot width (feet)	300	300	750	150
	Lot depth (feet)	300	300	750	150
	Side yard, each (feet)	40^*	40^*	250	35
	Front yard (feet)	100	100	300	75
	Rear yard (feet)	40^*	40^*	200	50
Accessory building and structure (minimum)
	Distance to side line (feet)	40	40	100	25
	Distance to rear line (feet)	40	40	100	25
	Distance to other building (feet)	50	50	50	25

NOTES:

^*Or not less than 100 feet where a building lot abuts a residential district.

Maximum floor area ratio and lot coverage(s).

Hotels/motels. The maximum floor area ratio for all buildings on a lot utilized for hotels/motels shall be 0.30, and the maximum impervious surface lot coverage shall be 55%.

Warehouses. The maximum floor area ratio for all buildings on a lot utilized for warehouses shall be 0.25, and the maximum impervious surface lot coverage shall be 60%.

Corporate complexes. The maximum floor area ratio for all buildings on a lot utilized for corporate complexes shall be 0.25, and the maximum impervious surface lot coverage shall be 60%.

Child-care centers. Where a child-care center is provided as a principal use on a lot, the maximum floor area ratio shall be 0.125, and the maximum impervious surface lot coverage shall be 37.5%.

Offices, research laboratories and limited manufacturing.

The maximum floor area ratio for all buildings on a lot utilized for offices, research laboratories and/or limited manufacturing shall be based upon the percentage proportion of the building(s) utilized for offices versus research laboratories and/or limited manufacturing. Specifically, the following maximum floor area ratios and related impervious surface lot coverages shall apply:

Percentage of Gross Floor Area Utilized by Offices	Maximum FAR	Maximum Lot Coverage
0% to 40%	0.25	60%
Over 40% to 60%	0.225	55%
Over 60% to 100%	0.20	50%

In reviewing submitted applications for development in order to determine the percentage proportion of office versus research laboratory use and limited manufacturing use, the Planning Board shall be guided by the fact that a basic premise and purpose for distinguishing between office versus research laboratory and limited manufacturing space within buildings is to equalize the traffic impact emanating from a given square footage of building space; therefore, any building space likely to generate a floor/space occupancy rate equal to or less than 350 square feet per person shall be classified as offices.

Moreover, all main building lobbies, hallways, stairwells, elevator shafts and mechanical equipment rooms and storage areas shall be deemed common areas, and the aggregate square footage of such common areas shall be counted as office versus research laboratory and limited manufacturing space in direct proportion to the gross floor area otherwise specifically determined to be office versus research laboratory and limited manufacturing space. The entirety of the gross floor area of each building shall be designated as office area, research laboratory area, limited manufacturing area or common area for the purpose of determining the maximum permitted FAR, and the applicant shall submit floor plans specifically indicating the location and extent of the four areas.

In instances where the applicant is seeking site plan approval prior to being able to commit a portion or portions of a building to one of the four areas listed above, the noncommitted portion or portions shall be considered offices versus research laboratories or limited manufacturing.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

Offices, research laboratories, limited manufacturing, warehouses and corporate complexes. One parking space for every 1,000 square feet or fraction thereof of net habitable floor area used for inside storage and warehousing; one space for every 500 square feet or fraction thereof of net habitable floor area used for research laboratories and/or limited manufacturing; and one space for every 250 square feet or fraction thereof of net habitable floor area used for offices shall be required. In any case, the minimum number of parking spaces resulting from the application of these provisions to the subject building(s) shall not be increased by more than 10%.

Hotels/motels. One and one fourth parking spaces per room shall be required.

Child-care centers. One parking space per employee, plus one additional parking space for every eight children shall be required. Additionally, adequate space shall be provided for the loading and unloading of children, which shall take place on-site and not in the public right-of-way.

There shall be no parking within the required front yard area or within 30 feet from any lot line and, except for access driveways, the area shall be planted and maintained in lawn area or ground cover and be landscaped with evergreen shrubbery and/or other appropriate plantings as approved by the Planning Board.

All parking areas shall be paved in accordance with Township specifications except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted for parking, provided that:

The submitted site plan shall include all the parking spaces required by this chapter and shall designate those spaces to be paved and those requested not to be paved;

All parking areas not to be paved shall be suitably landscaped, and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required;

The drainage system for the site shall be designed and constructed to accommodate the surface water runoff from all parking areas, considering all parking areas to be paved, whether proposed to be paved as part of the initial development of the site or deferred to a possible future date; and

The applicant shall agree, in writing, on the submitted site plan to pave any or all of the deferred parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.

Minimum off-street loading.

Each principal building shall have provisions for off-street loading and unloading, with adequate ingress and egress from streets and with adequate space for maneuvering, and such area shall be provided at the side or rear of the building. Each space shall be at least 15 feet by 40 feet in size, and a minimum of one space shall be provided for each building. Additional spaces may be necessary and required by the Planning Board dependent upon the specific activity. There shall be no loading or unloading from the street.

There shall be at least one trash and garbage pickup provided for each building, which shall be separated from the parking spaces and be located either within the building or in a special pickup location outside the building.

If located outside the building, the trash and garbage location shall consist of a steel-like, totally enclosed container bordered on at least three sides by a fence or wall and which is obscured from view by appropriate landscaping, if necessary. The trash and garbage location may be situated adjacent to or within an off-street loading area, provided that the container in no way interferes with or restricts the loading and unloading function.

If located within the building, the doorway may serve both the loading and trash/garbage functions.

Signs.

Each principal building may have one sign, either freestanding or attached, not exceeding an area equivalent to 5% of the front facade of the building, or 75 square feet, whichever is smaller. Freestanding signs shall not exceed 10 feet in height and shall be set back at least 30 feet from all property and street lines.

Additionally, each subdivided planned industrial development may have one sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign(s) shall not exceed 15 feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 50 square feet and shall be used only to display the development's name.

Specific requirements for child-care centers.

All child-care centers shall be located on the first floor of a building and may be extended to the second floor of a building; basements and cellars may only be used for ancillary storage of equipment and materials.

A minimum of 100 square feet per child of outdoor space adjacent the center shall be provided, and the space shall be adequately fenced or otherwise protected from hazards, traffic and driveways.

The hours of operation shall be limited to between 6:00 a.m. and 7:00 p.m.

The child-care center shall comply with all New Jersey State standards and licensing requirements.

General requirements for planned industrial developments.

Only one principal building shall be permitted per lot, except that a lot at least 20 acres in size may contain more than one principal building, provided that all land coverage provisions of this chapter are met.

Except for vehicles owned and operated by the occupant(s) of the principal use(s) on the property, no merchandise, products, waste, equipment or similar material shall be displayed or stored outside.

All areas not utilized for buildings, parking, loading, access aisles, pedestrian walkways and driveways shall be suitably landscaped with a combination of deciduous trees, evergreen trees, shrubs, ground cover and lawn area. Moreover, a buffer area at least 50 feet in depth shall be installed around the perimeter of the tract being developed for the planned industrial development, and the buffer area shall include berming, evergreen trees and other plantings.

Planned industrial developments shall be conceived, designed and approved as a single entity.

Preliminary major subdivision approval can only be granted by the Planning Board to the entirety of the planned industrial development. However, final major subdivision approval may be granted by the Planning Board on a stage-by-stage basis. When a planned industrial development is intended to be developed in a number of development stages, the applicant shall submit a staging plan for review and approval by the Planning Board. The staging plan shall identify the land area of the planned industrial development to be developed in each stage and the sequence of the stages to be developed. The eventual development of each stage must be specifically related to all components of the development, including but not limited to traffic circulation, surface water management, sewage treatment and potable water facilities, off-tract improvements and required buffers in order to ensure that the staging plan is workable and that the interests of the public are protected.

General landscaping provisions.

The landscaping provided as part of a planned industrial development shall include a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms and foliage. The subdivision plan shall show the location, species, size at planting and quantity of each plant.

A conscious effort shall be made to preserve the existing vegetation on-site during the design, planning and construction of the development.

Shrubs and hedges shall be a minimum 18 inches to 24 inches in height when planted, as appropriate to the species of plant material.

Evergreen trees shall be at least six feet in height at the time of planting, balled and burlapped.

Deciduous trees at time of planting shall be a minimum of two inches to 2 1/2 inches measured six inches above the ground and shall be balled and burlapped.

All plantings shall be of a species common to the area, of nursery stock and free of insects and disease.

Any plant material which does not live for at least one year shall be replaced by the developer during the next growing season.

All plantings shall be installed in accordance with the American Nurserymen Guide.

(14)

Easements in planned industrial developments. Unless specifically approved by the Planning Board, all utility easements shall be located within the utility easements' adjacent street rights-of-way or along the property lines of proposed lots.

(15)

Common open space.

Any wetlands, wetland transition buffers, one-hundred-year floodplains and stream corridor areas within a planned industrial development shall be included within the common open space lands, and no individual building lot shall include any such critical areas.

The common open space shall adhere to the provision of § 145-42B of this chapter.

An organization shall be established in accordance with N.J.S.A. 40:55D-43 for the purposes of owning and assuming maintenance responsibilities for any common open space and common property designated within a planned industrial development. The organization shall be governed by the provisions of § 145-43 of this chapter.

Variances and waivers. The provisions included within Subsections E(2) through (12) of the section are zoning provisions, the departure from which shall require a variance in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law. The provisions included within Subsections E(13) through (15) of this section are considered to be subdivision design provisions, the exception from which shall require a waiver in accordance with N.J.S.A. 40:55D-51a of the Municipal Land Use Law.

Planned industrial renewable energy development.

[Added 4-25-2011 by Ord. No. 11-07]

Purpose: to encourage industrial development combined with large-scale renewable energy facilities which incorporate the best features of design which relate to the agricultural context of the community and to:

Promote a desirable visual environment through creative development techniques;

Promote utilization of renewable energy resources;

Provide a method of developing land which creates a variety of employment generating uses which contribute to the general welfare of the community in a comprehensively planned, designed and constructed campus-type environment and which conserves environmentally fragile lands, and provides an optimum traffic circulation network.

Location and size. Planned industrial renewable energy developments are permitted on tracts of land at least 100 acres in size where permitted by ordinance.

Principal permitted uses on the land and in buildings shall be as follows:

Offices, including office buildings with multitenant uses.

Research and development centers.

Limited manufacturing that fully conforms to the performance standards in § 145-31.

Warehouses and distribution centers.

Hotels/motels.

Corporate complexes.

Open space, common property, playgrounds, conservation areas, parks and public purpose uses.

Farms as defined in § 145-8.

Renewable energy power plants.

Service stations and public garages that offer energy for sale from the renewable energy generated on site.

(k)

Agricultural equipment and agricultural vehicle sales.

(l)

Flex buildings.

(m)

Self-storage facilities (not including outside storage of vehicles or other items).

(n)

Industrial uses that use or process agricultural products.

(o)

Industrial uses that use or process products from the renewable energy generated on site, provided the performance standards in § 145-31 are met.

Accessory permitted uses shall be as follows:

Off-street parking. [See Subsection F(8) hereinbelow for specific requirements and conditions.]

Private recreational facilities owned, operated and maintained by the owners and/or tenants of the property, provided that such facilities have been reviewed and approved by the Planning Board.

Signs. [See Subsection F(10) hereinbelow for specific requirements and conditions.]

Security guard houses, caretaker's residence, one caretakers residence may be permitted for each 100 acres of tract to be developed. The additional setbacks for existing residential uses shall not apply to caretaker's residences that are part of a planned industrial development. The caretaker's residence must meet all applicable principal building setback requirements for the tract. Caretaker residences that are certified as eligible to receive affordable housing credit shall be excluded from lot cover calculations.

On-site sewerage facilities designed and constructed to treat only the sewage generated by the uses within the subject planned industrial development.

On-site potable water supply facilities, including production wells, treatment systems and water tanks.

Temporary construction trailers and one sign not exceeding 20 square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.

Maximum building and structure height.

No principal building shall exceed 48 feet and three stories in height except roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment and similar equipment necessary to operate the building may be erected above the height limits specified hereinabove, but in no case more than eight feet above the specified height limits.

Area and yard requirements for building lots in a planned industrial renewable energy development:

[Amended 2-14-2012 by Ord. No. 12-01]

		Child-Care Centers	A Group Uses	Corporate Complexes	Renewable Energy Power Plant (panel height less than 12 feet)
Minimum lot area (acres)		1	3	20	20
Principal building (minimum feet)
	Lot frontage	150	300	750	750
	Lot width	150	300	750	750
	Lot depth	150	300	750	750
	Front yard	75	100	300	300
	Side yard, each	35	40	250	125
	Rear yard	50	40	200	100

A Group Uses - Offices, research centers, limited manufacturing, industrial uses, agricultural uses, warehouses, hotels, flex buildings, self storage, agricultural vehicle and equipment sales, and renewable energy service stations/garages.

Maximum development tract coverage(s).

[Amended 2-14-2012 by Ord. No. 12-01]

Tract coverage:

Maximum tract coverage: 70%.

Up to 60% of the total permitted tract cover may be used for renewable energy power plants.

Minimum tract setback: [NOTE: Setback (as measured from the proposed development property line or proposed ROW) from adjacent residential use or district, agricultural use or district, or municipal line equals 300 feet.]

Front yard: 125 feet.

Side yard: 125 feet.

Rear yard: 100 feet.

Tract perimeter buffer screening requirement. A buffer area at least 100 feet in depth shall be installed around the perimeter of the tract being developed for the planned industrial renewable energy development. The tract perimeter screen design should include a multidimensional (berming, multiple rows of vegetation of varying heights and species) landscape plan. Solid fencing shall be provided around the entire installation to restrict views of the system (when chain link fencing is proposed in conjunction with a landscape screen, black vinyl coating should be provided). The minimum height of the screening when installed shall be at least as high as the system/improvements it is intended to screen (landscaping placed on top of berms is encouraged to achieve the screening objective).

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

Offices, research laboratories, limited manufacturing, warehouses and corporate complexes: one parking space for every 1,000 square feet or fraction thereof of net habitable floor area used for inside storage and warehousing; one space for every 500 square feet or fraction thereof of net habitable floor area used for research laboratories and/or limited manufacturing; and one space for every 250 square feet or fraction thereof of net habitable floor area used for offices shall be required. In any case, the minimum number of parking spaces resulting from the application of these provisions to the subject building(s) shall not be increased by more than 10%.

Hotels/motels: 1 1/4 parking spaces per room shall be required.

Child-care centers: one parking space per employee, plus one additional parking space for every eight children shall be required. Additionally, adequate space shall be provided for the loading and unloading of children, which shall take place on site and not in the public right-of-way.

The submitted site plan shall include all the parking spaces required by this chapter and shall designate those spaces to be paved and those requested not to be paved;

All parking areas not to be paved shall be suitably landscaped, and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required;

Minimum off-street loading.

If located within the building, the doorway may serve both the loading and trash/garbage functions.

Signs.

Specific requirements for child-care centers.

The child-care center shall comply with all New Jersey State standards and licensing requirements.

General requirements for planned industrial developments.

Except for vehicles owned and operated by the occupant(s) of the principal use(s) on the property, no merchandise, products, waste, equipment or similar material shall be displayed or stored outside.

Planned industrial developments shall be conceived, designed and approved as a single entity.

Preliminary major subdivision approval can only be granted by the Planning Board to the entirety of the planned industrial development. However, final major subdivision approval may be granted by the Planning Board on a stage-by-stage basis. When a planned industrial development is intended to be developed in a number of development stages, the applicant shall submit a staging plan for review and approval by the Planning Board. The staging plan shall identify the land area of the planned industrial development to be developed in each stage and the sequence of the stages to be developed. The eventual development of each stage must be specifically related to all components of the development, including, but not limited to, traffic circulation, surface water management, sewage treatment and potable water facilities, off-tract improvements and required buffers in order to ensure that the staging plan is workable and that the interests of the public are protected.

General landscaping provisions.

A conscious effort shall be made to preserve the existing vegetation on site during the design, planning and construction of the development.

Shrubs and hedges shall be a minimum 18 inches to 24 inches in height when planted, as appropriate to the species of plant material.

Evergreen trees shall be at least six feet in height at the time of planting, balled and burlapped.

Deciduous trees at time of planting shall be a minimum of two inches to 2 1/2 inches measured six inches above the ground and shall be balled and burlapped.

All plantings shall be of a species common to the area, of nursery stock and free of insects and disease.

Any plant material which does not survive the two-year maintenance bond period shall be replaced by the developer during the next growing season.

[Amended 2-14-2012 by Ord. No. 12-01]

Common open space.

The common open space shall adhere to the provision of § 145-42B of this chapter.

Variances and waivers. The provisions included within Subsections F(2) through (12) of the section are zoning provisions, the departure from which shall require a variance in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law. The provisions included within Subsections F(13) through (15) of this section are considered to be subdivision design provisions, the exception from which shall require a waiver in accordance with N.J.S.A. 40:55D-51a of the Municipal Land Use Law.

§ 145-41.1 AR District residential cluster general development plans.

[Added 10-11-2005 by Ord. No. 05-15]

A developer who seeks approval of a residential cluster planned development involving one or more parcels of land located in one or more AR Agricultural Retention Zoning Districts may submit a general development plan (GDP) to the Planning Board prior to the Board's grant of preliminary subdivision or site plan approval for the proposed development, provided that at least one of the parcels must be greater than 100 acres in size, and the proposed development must meet the following conditions:

Land use type: single-family residential. The GDP residential cluster development must be limited to single-family detached dwellings for residential use.

Density/intensity: The proposed intensity of the GDP residential cluster development must be the same as that which would result from conventional development in the AR District.

Zoning: All proposed new residential lots within the GDP residential cluster development must conform to the SR Single-Family Residential Zoning District area and yard requirements.

Noncontiguous parcels: Clustering of the development between contiguous and noncontiguous parcels that are included in the GDP residential cluster development application is permitted in order to carry out the purposes hereof.

GDP application submission requirements: All GDP applications must also include the following information and materials, and meet the following design and review requirements:

General land use plan. A general land use plan for the entire tract(s) that makes up the GDP property shall be prepared and shall include the following:

Development rights determination. The applicant shall submit by-right plans that indicate the extent of residential and nonresidential development that is permitted by the current zoning ordinance. While the agricultural buffer requirement would apply under current zoning, it may be waived for the purpose of determining the extent of development rights. With the exception of the agricultural buffer requirement, bulk variances shall not be assumed except for road frontage on stormwater management lots. A zoning comparison table shall be submitted with the by-right plan demonstrating that each lot conforms to the ordinance requirements for the AR District. A zoning comparison table shall also be provided for the residential cluster demonstrating that the proposed lots conform to the SR District requirements. Any bulk variance requests shall be specified.

[Amended 6-11-2013 by Ord. No. 13-04]

General land use plan. A general land use plan at a scale of one inch equals 100 feet indicating the tract area and the location and arrangement of the residential cluster units. The land use plan map shall indicate the total number of units; the minimum lot size; the gross and net density; the building and lot coverage; the total open space area set aside for passive open space and stormwater management; and the total acreage of farmland that will be dedicated to the Township farmland preservation program.

Land use narrative. The general land use plan shall be accompanied by a land use plan document that describes the development rights and land development patterns that would result from the application of the current Zoning Ordinance without a residential cluster arrangement. The land use plan narrative shall also describe the land patterns that will result from the clustering of the residential units and the advantages of this approach to the developer and to the Township.

Circulation plan. The circulation plan for the residential cluster GDP shall describe the following:

The functional classification of all existing and proposed streets within or adjacent to the project site in accordance with FHWA and RSIS.

The location of proposed access roads to the existing collector road system with an indication of the total and peak-hour trip generation.

The proposed on-tract and off-tract access improvements to the existing Township and county collector road system.

Typical cross sections of proposed internal access roads indicating the width of the cartway and shoulder, drainage improvements, and pedestrian access (graded areas, sidewalks).

A conceptual pedestrian network indicating the linkage of the residential lots with passive open space and collector roads.

A conceptual plan for bikeways and bike lanes within, and adjacent to, the development.

Open space plan.

The open space plan shall describe the open space that will result from the implementation of the GDP. In particular, the applicant shall describe the following:

Active recreational areas to be developed by the applicant in accordance with the ordinance or the extent of payment in lieu of constructing active recreational facilities. The applicant must specifically request that the Township Planning Board grant a payment in lieu of providing active recreation facilities and must indicate why the site is less suitable than an off-site location for active recreation facilities.

Passive recreational areas that will be dedicated to a homeowners' association or the Township.

Stormwater management areas that will be dedicated to the homeowners' association that include all stormwater control facilities.

Productive agricultural areas that will be dedicated to the Township with a deed restriction;

Woodlands, wetlands and other conservation areas that will be dedicated to The township or another regulatory agency.

The open space plan shall be accompanied by a narrative explaining the basis of the lands set aside for open space, the intended purpose of those areas, and the proposed management agencies. Management policy recommendations or restrictions shall also be described.

Environmental impact statement.

The applicant shall submit an environmental impact statement that conforms to the EIS requirements of the ordinance. The specific objectives of the GDP EIS are as follows:

To inventory the environmental conditions on the GDP tract;

To define the environmentally sensitive lands that should be preserved or protected;

To consider the scenic vistas and viewsheds that will be impacted by the project;

To address the means of designing the land development and residential structures to blend into the rural landscape;

To address the potential environmental impacts of the project;

To describe the unavoidable impacts of residential land development;

To describe the proposed methods of mitigating any unavoidable impacts of development.

The applicant shall describe how the proposed residential cluster will reduce the impact on the environment compared to conventional land development. The applicant shall also describe the buffers and mitigative measures that will be employed under the residential cluster compared to the requirements under conventional development.

Stormwater management plan. The stormwater management plan shall describe the structural and nonstructural measures that will be employed to conform to the Township stormwater management plan. A stormwater management map shall be provided indicating the specific measures that will be utilized on the project site and describing the plan's conformance with the Township's policies and objectives. Emphasis should be placed on conformance with the stormwater detention, stormwater quality, and groundwater recharge criteria while maintaining the street design criteria that are most appropriate for residential development.

Housing plan. A housing plan shall be submitted indicating the affordable housing obligations that can be attributed to the proposed development and the applicant's approach to satisfying these obligations. The applicant shall either propose affordable housing or propose to pay a development fee that will satisfy the affordable housing obligation at another location. The housing plan shall compare the cost of any off-site affordable housing with the proposed development fee.

Timing schedule. The timing schedule shall describe the time needed to complete the project including any terms or conditions that are intended to protect the interests of the public and the residents who occupy any section of the planned development prior to the completion of the project in its entirety. The timing schedule shall include the term of the effect of GDP approval, the phasing of the project, and the anticipated construction time for each phase and for the entire project.

Development agreement. The applicant shall submit a proposed municipal development agreement that outlines the applicant's proposed terms and conditions of GDP approval. The Planning Board shall have the authority to modify the proposed terms and conditions as necessary to protect the public interest prior to approval of the GDP. A proposed municipal development agreement that is acceptable to the Planning Board shall be required as a condition of any resolution of GDP approval, subject to final review and approval by the Township Committee.

Modification; variation; amendment; completion; termination. Once approved, any modification of timing schedules, variation of physical features, amendments, completion of development sections, or termination of GDPs shall be subject to the requirements of N.J.S.A. 40:55D-45.4, -45.5, -45.6, -45.7 and -45.8, respectively.

Review standards. Prior to the adoption of GDP, the Planning Board shall determine that the GDP satisfies the following standards:

The residential cluster development must conform to the intensity of development permitted by the AR Agricultural Retention Zoning District.

The residential cluster development must respect and conform to the environmental constraints and limitations of the project site.

The residential cluster development must result in the preservation of farmland that is economically viable based on size, configuration, soils and other factors. At a minimum, the preserved farmland resulting from the GDP must consist of a minimum of 50 contiguous acres of productive farmland and at least 40% of the gross acreage included in the GDP.

The residential cluster must be designed to mitigate the impact of the residential development on the rural landscape and on agricultural production activities by applying the agricultural buffer requirements of this chapter and other appropriate methods.

The residential cluster development must be designed in full accordance with the Township's planning and design objectives as set forth in this chapter and the Master Plan with regard to site improvements. Specifically, the design principles for the streets, sidewalks, landscaping, lighting, open space, stormwater management facilities, and other site improvements must conform to Township planning principles, standards, and objectives, and applicants must be prepared to exceed Residential Site Improvement Standards (and initiate and/or cooperate in any applications to the Department of Community Affairs and other agencies having jurisdiction for approvals that may be required to permit such site improvement designs).

Application fee and initial escrow deposit. The application fee for a GDP residential cluster application shall be $500, and the initial review escrow deposit shall be $5,000.

§ 145-41.2 Planned Residential Development (PRD-1).

[Added 3-12-2007 by Ord. No. 07-01]

Purpose. The intent of the PRD-1 Zoning District is to permit planned unit residential development where water and sewer infrastructure is available or will be provided by the developer in accordance with public policy. The PRD-1 Zoning District is an overlay zoning district near an established village that has been established to help resolve Mt. Laurel litigation (the "litigation") captioned as Kings Road L.L.C. v. Township of Pilesgrove et. al. Docket No. SLM-L-284-02 P.W., and such zoning shall only apply if the developer/applicant fully complies with the settlement agreement of litigation in that matter. The provisions of this section are site specific and project specific. A summary of the complete settlement agreement is attached hereto and made a part of this chapter.[1]

Editor's Note: The settlement agreement is on file in the Clerk's office.

Principal buildings and structures, and permitted uses on the land and in buildings, shall be as follows:

Detached single-family homes.

Public parks, playgrounds, conservation areas, and public purpose uses.

Community buildings and neighborhood open space areas designed for the use of residents within the planned residential development.

Public utilities, in addition to the principal use and structure on a lot, as conditional uses under N.J.S.A. 40:55D-67. (See § 145-39H for standards.)

Temporary construction or sales trailers and temporary signs that are shown on the approved sales map pursuant to § 145-58B(6)(e). The temporary signage may advertise the prime contractor, subcontractor(s), architect, financing institution and similar data. The temporary construction trailers, sales trailers, and construction signage shall only be permitted for the time specified on the approved sales map.

Accessory uses and structures permitted shall be as follows:

Private residential swimming pools (see § 145-36), private tennis courts, and other usual recreational facilities customarily associated with residential dwelling units.

Off-street parking and private garages.

Fences and walls approved by the Planning Board in conformance with § 145-25 and the TND standards in § 145-41.3.

Signs. (See Subsection H hereinbelow and § 145-34.)

Maximum building height. No principal building or structure shall exceed 35 feet in height and 2.5 stories except as allowed in § 145-40B of this chapter.

Bulk regulations.

Tract size. The minimum tract size of any planned unit residential development within the PRD-1 and NC Zones shall be 80 acres. An applicant shall have at least 80 acres of contiguous or noncontiguous lands under their control to utilize this planned unit residential development option.

The area, yard, and other bulk requirements shall be as follows:

	Standard	Design Criteria
	Minimum lot size (square feet)	8,400
	Minimum lot width (feet)	60
	Minimum lot depth (feet)	140
	Minimum front yard setback (feet)	15
	Minimum side yard setback (feet)	5 minimum: 15 aggregate
	Minimum rear yard setback (feet)	25
	Minimum accessory building setback (feet)	5
	Maximum building coverage (percent)	25%
	Maximum lot coverage (percent)	40%

All bulk standards must be satisfied exclusive of lands within the Conservation Zoning District.

Yard intrusions. Design elements, as described below, may extend into the minimum required yard area, provided that in all cases the first floor and second floor design elements may intrude not more than three feet into the minimum required yard area, and provided, further, that the extensions will only be allowed when privacy walls, screening or fencing are incorporated as part of the overall design of the dwelling unit or where the subject yard area abuts land that is deed restricted against residential development along the entire length of the subject lot line. These yard intrusion standards will be reviewed initially as part of the Planning Board's review of the TND development, and thereafter, during zoning permit review by the Zoning Officer in consultation with the Township's professional planner and/or consulting architect.

First floor design elements: chimneys, window elements, eaves, entranceway elements and similar architectural and foundation projections, provided that the total length of such extensions is limited to 25% of the linear distance of the foundation wall.

Second floor design elements: chimneys, eaves, bays, cantilevers and windows.

Decks. Decks may be permitted, provided that such decks are located in rear yard areas only, are set back a minimum of five feet from all property lines, and do not occupy more than 25% of any rear yard area within which a deck is located. Decks shall be off the first floor of a dwelling unit and shall be no more than two feet higher than the mean elevation along the building foundation below measured to the top of the deck platform. Decks will only be allowed when privacy walls, screening, or fencing are incorporated as part of the overall design of the dwelling unit or where the subject yard area abuts land that is deed restricted against residential development. These deck standards will be reviewed initially as part of the Planning Board's review of the TND development, and thereafter, during zoning permit review by the Zoning Officer in consultation with the Township's professional planner and/or consulting architect.

General requirements.

The PRD-1 overlay zoning shall only apply to land developments that have been included within proposed public water and sewer franchise areas. Preliminary site plan or subdivision approval for such land developments shall be conditioned upon inclusion of the franchise area and related facilities within the Lower Delaware Water Quality Management Plan and the modification of the State Development and Redevelopment Plan to allow for the development of planned infrastructure. Final site plan or subdivision approval shall be conditioned upon the issuance of all the permits and approvals necessary to construct, own, and operate the water and sewer infrastructure for the franchise area.

All principal and accessory structures within the planned residential development shall be designed in strict accordance with the traditional neighborhood development standards specified in § 145-41.3.

All dwelling units shall be connected to approved functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

All utility pipes, wires and other conduits shall be installed underground.

Architectural elevations shall be submitted to the Board for review and approval during review of the development application, and also with the zoning and building permit application for each building and structure, to confirm that all TND requirements in § 145-41.3 have been satisfied.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner.

Minimum off-street parking.

Detached single-family homes shall provide two parking spaces per unit, including garages and drives leading to the garage space. Turnaround areas shall be provided on each lot to enable vehicles to exit the driveways facing traffic, except for attached front-loaded garages.

See § 145-30 for additional standards.

Permitted signs.

Dwelling units shall be permitted information and direction signs pursuant to § 145-34A(5).

A planned unit residential development may have one externally illuminated double-sided entrance sign along each collector road which the tract in question abuts, provided that there exists at least 200 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street right-of-way and driveways at least 20 feet and from any property line at least 25 feet. Such signs shall be within 50 feet of the entrance to the development except when such location would conflict with a sight triangle easement established by a governmental body having jurisdiction, in which case such signs shall be located just beyond the limits of such sight triangle easement. Such signs shall have display areas not exceeding 25 square feet per side, and shall be used to display the development's name. Such signs are not permitted in developments having less than 200 feet of unbroken frontage along any collector road.

See § 145-34 for additional standards.

Common open space requirements.

A minimum of 50% of the total tract of land shall be specifically set aside for conservation, open space, and recreational purposes. Lands utilized for street rights-of-way shall not be included as part of the minimum required open space. This open space standard shall be satisfied exclusive of lands within the Conservation Zoning District (wetlands).

The required open space shall be appropriately landscaped and provide for adequate ancillary recreational facilities as deemed desirable during site plan review. A minimum distance of 30 feet between any active recreation facility and any property line or residential building shall be provided. The owners of the dwelling units shall have the right to access and use all common open space within the development subject to homeowners' association requirements.

The neighborhood open space shall include facilities necessary to meet recreational needs such as tot lots, gazebos, informal play fields, and play equipment. The neighborhood open space shall not be used for competitive athletic fields.

The developer shall provide for and establish a locally constituted homeowners' association for the ownership and maintenance of the common open space stormwater management facilities, and any other improvements not accepted by the Township of an individual lot. Homeowners' associations or other open space organizations shall be governed by the provisions of § 145-43 of this chapter.

See § 145-42 and 145-43 of this chapter for additional provisions.

Full compliance with the settlement agreement of litigation, Kings Road, L.L.C. v. Township of Pilesgrove et. al., Docket No. SLM-L-284-02 P.W. (Mount Laurel), shall be an essential and nonseverable condition of approval to develop in the PRD-1 Zone.

§ 145-41.3 Traditional neighborhood design standards (TND).

[Added 3-12-2007 by Ord. No. 07-01]

Architectural standards. The older structures in Pilesgrove Township and Woodstown Borough provide a rich resource of traditional architecture. The following TND design standards have been developed to replicate the characteristics of that architecture but original or properly restored examples should be referred to whenever possible for architectural details. For consistency within the TND development, the styles have generally been limited to Colonial, Federal, and Greek Revival architectural styles. The Township Planning Board will approve the proposed building elevations for compliance with these TND standards at the time of subdivision and site plan approval. All zoning permit applications for construction, modification, or renovation of buildings and/or signage that are subject to these TND standards will be referred to the Township's professional planner and/or consulting architect for a consistency determination. No building permits may be issued for the zoning districts in which these standards apply until the architectural plans have been determined to be consistent with these TND standards and the elevations approved by the Planning Board at the time of subdivision and/or site plan approval.

Streetscape uniformity, design principle. The proposed development shall create a streetscape that is consistent with the character of traditional neighborhoods by the proper use of lighting fixtures, trees, sidewalks, building facades, fences, and materials.

The street edge shall be defined by adherence to a uniform setback along the building line for each block. A minimum of 80% of all residential building facades shall be located along the building setback line.

The streetscape may be reinforced by hedges or picket fences that define the front yards. All proposed fences shall conform to fence styles approved by the Planning Board and to the height limitations specified in this chapter. All streets shall have uniformly spaced street trees located between the sidewalk and the curb.

Streetlighting fixtures and standards shall be one of the traditional streetlights used by the Conectiv utility.

Architectural diversity, design principle. The design of the principal dwelling unit shall reflect the traditional architecture of Salem County with particular emphasis on Colonial, Federal, and Greek Revival architectural styles as exemplified by the following principles:

To ensure architectural diversity, a minimum of four basic house designs shall be provided for the proposed planned residential development. Each basic house design shall be different in physical configuration and architectural style. At least three different elevations shall be provided for each basic house design for a total of 12 different elevations. The elevations shall be approved by the Planning Board before the Zoning Ordinance amendment is adopted.

No two houses in the same development quadrant shall be identical in terms of street massing, footprint, roof line, color and fenestration. A quadrant is defined as the dwellings fronting on one of the four green squares shown on the concept plan.

Garages, design principle. Garages shall be designed as accessory structures to emphasize the prominence of the main residential structures.

Each single-family detached unit shall have a single detached or attached two-bay garage located in the rear of the house or a garage attached to, but set back from, the front facade. If an attached front-loaded garage is provided, the garage shall be set back two-thirds the depth of the house or 25 feet, whichever is greater. No other garages, sheds or barns shall be permitted on the residential lot.

Garages shall be aligned either parallel with, or perpendicular to, the alignment of the principal building.

The architectural design of the garage, including physical proportions, roof pitch, exterior materials, exterior color, window and door design shall be coordinated and compatible with the principal dwelling unit.

Detached garages may be entered from the front, side or rear of the property. Attached garages located in the rear of the house may be entered from the side or rear.

Dwellings with two-car attached side-entry garages or detached garages will be provided on a minimum of 60% of the radial lots and on a minimum of 10% of the conventional (nonradial lots). The remaining lots will have any of the three garage configurations based on the preferences of the buyers.

Residential architecture, design principle. The design of the principal dwelling unit shall reflect the traditional architecture of Salem County with particular emphasis on Colonial, Federal, and Greek Revival architectural styles as exemplified by the following principles:

Fenestration. The fenestration of the residential dwelling shall be compatible with its architectural style, materials, and details.

To the extent possible, upper story windows shall be vertically aligned with the location of windows and doors on the ground floor.

Windows on the elevations facing a street or sidewalk shall be no closer than two feet to the corner of the building.

Windows on corner houses shall be required on both the first and second story of both elevations facing the public right-of-way.

Glass shall be clear and free of color. Stained glass windows shall only be permitted if approved by the Township's Planner (and/or consulting architect) as compatible with the structure's architectural style.

Windows shall typically be square or vertical in proportion. Windows may be circular, semicircular, hexagonal or octagonal in shape but only one such window may be placed on each facade and only if it is compatible with the structure's architectural style.

Windows shall either be wood or vinyl-coated wood and shall be true divided lites or have exterior permanent exterior grilles.

Shutters.

Shutters shall be provided on all windows that face a public street except if they are not appropriate for the architectural style.

Shutters shall be shaped, sized, and proportioned to the window that they serve. Shutters shall be constructed of wood, vinyl, or a plastic composite material. The vinyl or composite shutters shall be comparable to wood shutters in physical appearance.

Paneled or louvered shutters may be provided. If paneled shutters are provided, the panels shall be compatible with the panels in the exterior doors. The color of the shutters shall match the exterior doors.

Doors.

Doors (including garage doors) shall be constructed of wood, fiberglass, vinyl or a plastic composite material and shall have glass or raised panels, or both. Vinyl or composite garage doors shall be comparable to wood shutters in physical appearance.

Doors may be the sliding patio design when not visible from public streets.

Exterior walls.

Siding materials shall be cut cedar shingles, wood clapboard (four-inch exposure), wood-beaded siding (seven-inch exposure), vinyl siding, cement fiber clapboards (i.e., Hardiplank), brick, or stone. Vinyl siding shall only be used when the siding abuts a corner board. Corner boards shall be provided on all nonmasonry structures.

Brick colors shall be red and shall reflect the color of traditional architecture in the Salem County area. Brick or stone used only on the front facade of non-corner lots should return onto the side facade a minimum of 12 inches.

Exposed foundation walls shall show a finish of brick, local fieldstone, finished poured concrete or patterned brick-form poured concrete. House foundation walls of finished poured concrete which face a street shall be exposed no more than 18 inches above the ground.

If stone or precast concrete lintels are used, they shall extend horizontally beyond the window opening a dimension equal to the height of the lintel itself. Brick soldier lintels shall extend a minimum of one brick beyond the opening.

Exterior building walls of wood, vinyl or hardboard shall have all openings trimmed in material two inches to four inches nominal width and corners trimmed in material of four inches to eight inches nominal width. Trim shall protrude from the siding surface to create a shadow line. Doors may have wider trim.

Exterior building walls constructed of more than one material shall only change material along a horizontal line, unless the change occurs at a corner. Additionally, the heavier material shall always go beneath the lighter material.

Front and side facades of any building on a corner lot shall be made of the same materials and shall be similarly detailed.

Roofs.

The slope of the roof shall reflect the architectural style.

Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips. The pitch of the roof shall be between seven to 12 and 14 to 12. The pitch of roofs over gables which face the front of residential building shall be between nine to 12 and 14 to 12.

Roofs of residential buildings may be built of steel standing seam, copper, cedar shakes, natural slate, artificial slate, or architectural grade asphalt shingles.

Cross gables and dormers should be used to distinguish one building from its neighbor. Dormers shall be symmetrically hipped, gabled, shed, pedimental, barrel or eyebrow and shall have proportions dictated by the architectural style.

Skylights, solar panels, vent stacks and other roof protrusions shall not be placed on a roof facing a street nor shall they be visibly obtrusive from nearby streets. Skylights shall be flat in profile.

Flat roofs are permitted in residential buildings only when they are capable of being occupied and accessible from an interior room, and they must be edged by a railing or parapet. The railing pattern is subject to the approval of the Planning Board. Garages may have flat roofs that are not accessible if edged by a well-detailed parapet wall.

Gutters, when provided, shall be built of wood, copper, steel or aluminum. Gutters shall be half-round in profile on overhangs and ogee where there is no overhang. Downspouts shall be round. Splash blocks shall be stone, brick, gravel or concrete.

Trim/eaves and other decorative building elements.

All dwelling units shall be trimmed with gable and eave boards all around. Trim ornament may be elaborated by any of the following: plain or decorated frieze; overhanging eaves; boxed cornice; denticulated cornice; or ornate Italianate bracketed cornice. The trim ornament shall be appropriate for the architectural style and may be limited to the front facade.

Roofs shall overhang a gable end a minimum of 12 inches.

All windows shall have lintel with sill and side trim. All doors shall be trimmed with decorative lintel and side edge. All nonmasonry structures shall have corner boards.

Decorative elements such as pergolas, cupolas, and belvederes are encouraged as elements to give architectural emphasis to prominent structures.

Roof vents or facades shall be of a size, shape, color and material which is in proportion to and compatible with the facade.

Porches, porticoes, stoops.

All residential units shall have either a porch, covered portico, or decorated entrance on the street facade of the building.

Front porches shall be located on the facade facing the sidewalk, and may be wrapped around the side wall of a dwelling. The minimum porch and covered portico size shall be six feet deep from the front wall of the dwelling and 10 feet long; however, smaller covered porticos may be permitted on narrow houses if approved by the Planning Board.

Porch superstructures shall be faced with wood, rusticated or rough-faced stone, stucco or brick unless an alternative material is approved by the Planning Board. Porches may include chamfered posts or more complex styles with elaborate spindle work, frieze and spandrel carving. Porte cocheres are an optional extension of the porch. Porch roofs shall be supported by posts, piers or columns. Posts, columns and balustrades shall be built of wood unless an alternative material, such as PVC or composite materials, is expressly approved by the Planning Board. Posts shall be a minimum of five inches by five inches (nominal). Blusters shall have a minimum nominal diameter of two inches and shall not be separated by more than four inches. Columns and pilasters shall be of classic proportions and correct entablature in the Tuscan or Doric order. Stone piers shall be rough faced. Railings shall be wood, steel or wrought iron unless an alternative material is approved by the Planning Board. All porch railing components shall be painted and shall not be face-nailed.

Porch openings shall be vertical in proportion.

Porches may be enclosed with screens. The screen framing shall be architecturally compatible with the style of the porch.

Durable hardwoods, such as Ipe, or an approved equivalent, concrete, masonry, or suitable synthetic wood products which appear to be traditional wood flooring are to be used for porch and covered portico flooring. Pressure-treated wood flooring is prohibited on porches.

Covered porticoes are small decorated roofs on front columns over a raised stoop. These features can range from a simple shed roof to an ornate Italianate portico.

[8]

Railings and banisters should be painted decorative wood, steel or wrought iron unless an alternative materials is expressly approved by the Planning Board, with architectural emphasis on the corners and newel posts. Steps should be a minimum of 36 inches wide. The facing of stoops and steps with masonry, brick, slate, or stone is preferred but not required.

Chimneys.

Chimney enclosures shall be brick, stucco or stone. Chimneys two stories or more above grade and not within four inches of an exterior wall may be simulated brick subject to the approval of the Planning Board.

Chimneys shall be located at gable ends or centrally.

All chimney foundations shall extend to the ground.

Decks.

Decks shall be located in rear yards and designed at a scale to be compatible with the home and with the lot.

The space below decks and porches which is visible from nearby public property and/or rights-of-way shall be skirted by wood or vinyl lattice with not greater than one-and-one-half-inch spaces between the boards.

Decks may be built of durable hardwoods, concrete, masonry or suitable synthetic wood products which appear to be traditional wood flooring. Decks may only be built of pressure-treated wood if they are painted or stained.

Model homes.

In order to effectively market the TND homes, the developer shall provide a minimum of two model homes with different configurations and garage arrangements.

At least one of the model homes shall be positioned on a radial lot with an attached garage in the rear of the house accessed from the side and at least one model home shall have a detached garage in the rear of a conventional (nonradial) lot accessed from the front.

At their option, the developer may also provide a model home with a front-loaded attached garage that is setback from the front facade in accordance with Subsection A(3) of these TND standards.

Commercial/civic/institutional architecture, design principle. The design of the commercial and nonresidential structures shall reflect the traditional commercial architecture of Salem County with particular emphasis on Colonial, Federal, and Greek Revival architectural styles as exemplified by the following principles:

Fenestration.

Storefront (ground floor) windows shall be between 26 inches and 36 inches off the ground and shall be architecturally compatible with the style, materials, colors and details of the building and in proportion with the facade treatment.

Storefront windows shall consist of divided lights that are in proportion to the building style. Divided lights shall be a minimum two over two.

Windows shall either be wood or vinyl-coated wood and shall be true divided lites or exterior clad. Casement windows are permitted. Aluminum-framed plate glass storefronts are prohibited.

The outer glazing of all windows shall be set back a minimum of three inches from the outer plane of the exterior wall. At minimum, there shall be a decorated lintel, face frame, and drip mold over the doors and windows.

Primary display windows shall occupy a maximum of 50% of the ground floor elevation. Transom windows are recommended above ground floor display windows and awnings. All display windows shall be adequately illuminated at night.

Primary facade windows on the second floor shall exhibit a vertical emphasis, in harmony with the overall facade composition. Second floor windows shall be operable double-hung divided lights and shall be a minimum of two feet from the corner of the building. To the extent possible, upper story windows shall be vertically aligned with the location of windows and doors on the ground level.

Solid metal security gates or solid roll-down metal windows shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frames. Security grilles shall be recessed and concealed during normal business hours. Models which provide a sense of transparency are encouraged.

[8]

Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, if they complement the architectural style of a building; do not conceal architectural features; do not impair facade composition; and are designed as an integral part of the facade. Awnings shall be made of canvas or other waterproof fabric subject to the approval of the Planning Board. Metal or aluminum awnings are prohibited. In a building with multiple storefronts, compatible awnings should be used as a means of unifying the structure.

[9]

Glass shall be clear and free of color. Stained glass windows shall only be permitted with the approval of the Planning Board.

Exterior walls.

All elevations shall exhibit a classical organization that is appropriate for the architectural style. The characteristics of classicism include symmetry, repetition of elements, expressions of hierarchy and tripartite composition (base, middle, top).

The architectural treatment of the front facade, with regard to its major features and materials, shall be continued around all sides of a building that are readily visible from public rights-of-way or common open space. The design of all sides of a building shall be consistent with regard to style, materials, colors and details. No solid, blank, windowless walls or service areas shall be visible to the public from common or public areas. Where the construction of a blank or substantially blank wall is necessary, the facades shall be articulated by the provision of false windows, articulated masonry, or, recessed or projecting display window cases. Enhanced plantings areas may also be appropriate in certain cases.

Building elevations that are visible to the public shall have an articulated base course and cornice. The base course shall align with either the kick plate or sill level of the first story. A cornice that terminates or caps the top of a building wall may project horizontally from the vertical building wall plane and may be ornamented with moldings, brackets, and other details. The middle section of a building may be horizontally divided at the floor, lintel, or sill levels with belt or string courses.

Front and side facades of any building at the corner of a grouping shall be made of the same materials and shall be similarly detailed. For the purpose of this subsection, corner buildings are those at the intersection of streets, access drives, and pedestrian paths.

The facade of all primary commercial structures and at least 75% of all commercial facades that face public streets or parking areas shall have a brick finish. Brick colors shall be red and shall reflect the color of traditional architecture in the Salem County area. Brick mortar joints shall be struck and shall not exceed 1/2 inch. Brick shall be laid in English or Flemish bond.

Siding materials shall be cut cedar shingles, wood clapboard (four-inch exposure), wood-beaded siding (seven-inch exposure), vinyl "cedar shake" siding, cement fiber clapboards (i.e., Hardiplank), brick, or stone. Vinyl siding shall only be used when the siding is commercial grade and when it abuts a corner board. Corner boards shall be provided on all nonmasonry structures. Exposed foundation walls shall show a finish of brick, local fieldstone, finished poured concrete or patterned brick-form poured concrete. Exterior building walls of wood, vinyl or hardboard shall have all openings trimmed in material two inches to four inches nominal width and corners trimmed in material of four inches to eight inches nominal width. Trim shall protrude from the siding surface to create a shadow line. Doors may have wider trim.

[8]

Fire escapes shall not be mounted to the exterior facade of any building. On buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

Roofs.

The slope of the roof shall reflect the architectural style.

Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips. The pitch of the roof shall be between nine to 12 and 14 to 12. Mansard or gambrel roofs are prohibited. Principal and secondary roof eaves of pitched roofs shall project at least one foot beyond the building facade or a supporting column.

Roofs shall be constructed of steel standing seam, artificial slate, or architectural-grade asphalt shingles. If asphalt shingles are used, a single color dimensional asphalt shingle shall be approved for all commercial buildings within the same complex.

Signs. All signs for commercial uses shall comply with the following sign regulations and receive approval from the Planning Board for aesthetic consistency with the surrounding uses.

Facade-mounted or painted signs are permitted, provided that the following standards are met:

The sign shall be affixed to the front facade of the building and shall not project outward from the wall to which it is attached more than six inches.

The area of the signboards shall not exceed 5% of the ground floor front facade area or 32 square feet, whichever is less.

No part of a sign shall be higher than 15 feet above the front sidewalk elevation, nor shall it extend above the base of the second floor windowsill, parapet, eve, or building facade.

[d]

A maximum of one sign per business is permitted.

[e]

Applied letters may substitute for wall-mounted signs, if constructed of painted wood, painted, cast metal, bronze, brass, or black anodized aluminum. Applied plastic letters shall not be permitted.

[f]

One wall-mounted sign, not exceeding six square feet in area, shall be permitted on any side or rear entrance which is open to the public. Such wall signs may only be lighted during the operating hours of the business.

[g]

A commercial use located in a corner building is permitted one wall mounted sign for each street frontage.

[h]

A commercial use with a service entrance and/or a drive through may identify it with one sign not exceeding two square feet.

Projecting signs, containing graphic or icon signs, are permitted mounted perpendicular to the building wall, according to the following standards:

The signboards shall not exceed an area of six square feet.

The distance from the ground to the lower edge of the signboards shall be 10 feet or greater.

The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects, if attached to a single story building, or the height of the sill or bottom of any second story window, if attached to a multistory building.

[d]

The distance from the building wall to the signboard shall not exceed 12 inches.

[e]

The width of the signboard shall not exceed four feet.

[f]

The height of the lettering or numbers shall not exceed eight inches.

[g]

A maximum of one projecting sign per business is permitted.

Wall-mounted, building directory signs identifying the occupants of a commercial building, including upper story business uses, are permitted provided the following standards are met:

The sign is located next to the entrance.

The sign shall project outward from the wall to which it is attached no more than six inches.

The sign shall not extend above the parapet, eve, or building facade.

[d]

The area of the signboard shall be limited to a maximum of one square foot per tenant.

[e]

The height of the lettering, numbers, or graphics shall not exceed four inches.

[f]

Freestanding signs are prohibited except that one sign identifying the commercial center is permitted, provided that it does not exceed 12 feet in height and 48 square feet in area.

Heating and air conditioning.

All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing, satellite dishes and other telecommunications receiving devices on civic, institutional, religious and commercial buildings shall be screened from view from public property or rights-of-way and from adjacent properties by using walls, fencing, roof elements, penthouse-type screening devices and/or plantings.

No exhaust pipes or stacks shall be located on the front-facing roofs.

No exhaust of any kind shall be discharged less than two stories above a public sidewalk.

Recycling and trash storage areas. All recycling and trash storage areas shall be screened from public view at the ground level using masonry or wooden walls, plantings, or a combination thereof. The height of such wall/enclosure must be 1.5 feet higher than the container walls.

Site design standards.

Curbing. Belgian block curbing shall be provided along all residential streets. Curbing shall be installed in accordance with RSIS standards.

Streetlighting.

Residential streets. Residential streets shall be illuminated with traditional streetlighting of a type supplied by the local utility, shall be no higher than 15 feet in height, and shall conform to the illumination standards of this chapter. Residential streetlights shall be no greater than 180 feet apart and shall be located at all intersections. Illumination standards shall be consistent throughout the development. Streetlights shall be placed within three feet of residential lot lines to prevent glare within residential dwellings. If it is necessary to place streetlights in front of residential units, house side shields shall be provided.

Commercial district. All streets, parking areas, sidewalks, walkways, courtyards, community greens, and interior open spaces within the commercial district shall be illuminated with traditional streetlights and lamp posts approved by the Planning Board. Streetlights in the commercial areas shall be spaced no greater than 60 feet on center.

Exterior lights. Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building. Incandescent lighting shall be the only type of light source used on the exterior of nonresidential buildings, signs, parking areas, pedestrian walkways, and other areas of a site. The use of low-pressure sodium, fluorescent, or mercury vapor lighting, either attached to buildings or to light the exterior of buildings, shall be prohibited.

Landscaping. The developer shall provide for the effective buffering of all adjacent private lands and the landscaping of all common open space areas in accordance with the following:

A landscaped berm averaging five feet in height and 75 feet in width shall be provided to buffer the site from adjacent developed lands and farmlands except in those areas shown on the concept site plan.

The landscaped berm and buffer shall be designed with sufficient intensity to effectively screen the site development from off-site view. In the case of adjacent agricultural lands, the buffer shall be of sufficient intensity to act as a visual and dust screen in conjunction with topographic relief. In the areas of the site where a seventy-five-foot wide buffer is not provided, the intensity of the landscaping shall be increased to provide be an effective screen from adjacent public roads and residences.

Effective screening/buffering shall be provided between residential and commercial uses.

Pedestrian network. Each TND community must include an integrated pedestrian network consisting of sidewalks, improved pedestrian paths, and unimproved trails to link all residential, commercial, open space, and conservation areas within the property. The network shall include, but not be limited to, concrete sidewalks along the residential streets and commercial parking areas; paved pedestrian paths within passive open space areas; well-marked pedestrian crossings, including designated road crossings when a development straddles an existing municipal, county or state road; and unimproved trails or boardwalks within regulated wetland and wetland buffer areas.

Driveways. Driveways from single-family residential properties which intersect streets shall be no wider than 12 feet at the property line, but may expand to match the width of the garage doors within 30 feet of driveway length directly in front of the garage. All driveways shall be a minimum of three feet from the property line.

Architectural conformance process.

Architectural review. The developer shall submit the proposed basic house designs and commercial building elevations to the Township Planning Board for review during the development review process. The Planning Board, in consultation with its planning or architectural consultant, shall determine whether the architectural and streetscape designs conform to these TND standards prior to the issuance of final development plan approval. If any differences are noted, the developer shall be required to modify the architectural or streetscape design plans. House and building designs shall also be reviewed by the Township's planning or architectural consultant as part of each zoning and building permit application to confirm conformance with such previous approvals and other applicable TND requirements. The architectural consultant will also, as part of each zoning and building permit application, review any deviations from the previous approvals to confirm that the proposed deviations comply with all TND requirements.

Waivers. During the development review process, the Planning Board may grant waivers from these design standards on the basis of architectural merit, site conditions, and/or other extenuating or unusual circumstances in accordance with the following:

The Planning Board shall determine that the benefits of any design waiver shall outweigh the impact on the TND design policies.

The proposed improvements must conform to the design intent even if the design details differ from these standards.

Materials other than those specified may be used if they are comparable in quality and texture and do not detract from the intent of the design standards.

General requirements.

Visual obtrusions. The following visual obtrusions shall not be located in the front yard or side yard of any residential structures: clothes-drying apparatus, ground-supported solar panels, antennas, satellite dishes, garbage cans, bird baths or statuary, permanent grills, in-ground swimming pools, rock gardens and vegetable gardens, recreation and play equipment, doghouses and dog runs, and hot tubs/spas.

Flagpoles less than six feet long may be mounted at an angle to porch columns or posts and building walls. Freestanding flagpoles are only permitted on common open space with the approval of the homeowners' association.

§ 145-41.4 PLI District: planned industrial general development plans.

[Added 11-20-2007 by Ord. No. 07-14]

A developer who seeks approval of a planned industrial development involving one or more contiguous parcels of land located in the PLI Zoning District shall submit a general development plan (GDP) to the Planning Board prior to the Board's grant of preliminary subdivision or site plan approval for the proposed development, provided that at least one of the parcels must be greater than 100 acres in size, and the proposed development must meet the following conditions:

Intent. The intent of the PLI Zoning District is to encourage the development of planned industrial development in the Township where it is best suited and to encourage development that is of sufficient size to undertake the necessary infrastructure development, to preserve the agricultural context of the zoning district, and to promote industries that will expand the economic base of the region and will support the agricultural industry. The Township Master Plan and zoning district regulations require that all development within the PLI Zoning District be governed by a GDP pursuant to N.J.S.A. 40:55D-45 et seq.

Proposed land uses. The GDP shall describe the proposed principal and accessory land uses within the planned industrial development. The planned industrial development must be limited to the following principal land uses unless a specific request for additional land uses is presented in the GDP and approved by the Planning Board:

Offices and office buildings;

Research and development centers;

Limited manufacturing operations that fully conform to the performance standards in § 145-31 of this chapter;

Distribution centers and warehousing;

Industrial uses that process or utilize agricultural products;

Planned industrial developments in accordance with the approved general development plan and the provisions specified in § 145-41 of this chapter.

Land development intensity. The proposed intensity of the planned light industrial development must be specified in the GDP and must adhere to one of the following development intensity options:

Land development intensity options.

Option	Minimum Open Space	Maximum Floor Area Ratio (FAR)	Maximum Impervious
1*	10%	0.15	50%
2	25%	0.20	55%
3	40%	0.25	60%
4	50%	0.30	65%

NOTE: Option 1 specifies standards that are to be satisfied on each development parcel within the GDP.

Application of regulations. The open space, floor area ratio, and maximum impervious coverage standards listed under Options 2, 3, and 4 are to be achieved for the entire area encompassed by the General Development Plan. If Option 1 is selected, the land intensity standards are to be achieved for each development parcel within the area encompassed by the general development plan.

The concept site plan prepared for the land use plan shall conform to the selected development intensity option.

Bulk regulations. Except for the land development intensity options listed above, the PLI Zoning District does not contain bulk regulations to provide the GDP applicant more development flexibility. Therefore, the GDP shall propose the bulk regulations that will be applied in PLI District for review and approval by the Planning Board. The bulk regulations shall include the minimum lot area requirement for any parcel, building setback requirements, floor area ratio and maximum impervious lot standards, maximum building height limitations, minimum and maximum gross floor area, and tract/lot buffer requirements. The proposed bulk regulations shall be shown on the concept site plan. All development pursuant to an approved GDP must result in a separate lot for each individual proposed principal use. Any later proposed deviation from the proposed bulk regulations will require a modification of the GDP and will not be available through an N.J.S.A. 40:55D-70 variance application. Any owner of a subdivided lot within the GDP area will have standing to apply for a GDP amendment as to that lot. This requirement and allowance as to standing must be set forth in a declaration of covenants for all lots within the GDP.

GDP application submission requirements. All GDP applications must also include the following information and materials, and shall meet the following design and review requirements:

General land use plan. A general land use plan for the entire general development plan area shall be prepared and shall include the following:

Build-out analysis. The applicant shall submit a build-out analysis indicating the extent and type of proposed land uses based on the land intensity standards and considering the Conservation Zoning District provisions and agricultural buffer requirements as well as other factors.

Land use plan map. A land use plan map at a scale of one inch equals 100 feet indicating the tract area and the location and arrangement of the proposed land uses. The land use plan map shall indicate the total number of industrial enterprises; the minimum lot area; the proposed bulk regulations; the selected land intensity option; zoning data demonstrating conformance with the selected intensity option; the building and lot coverage; the total open space area [including the area set aside for passive recreational open space, stormwater management, and resource protection and conservation per Subsection E(3) below], and the total acreage of farmland that will be deeded to the Township's farmland preservation program.

Land use narrative. The general land use plan shall be accompanied by a land use plan narrative that describes the proposed land uses, infrastructure, and other features that will result from the planned industrial development, the sequence and timing by which they will be developed, and the advantages of the GDP approach to the developer and to the Township.

State plan conformance. The GDP shall address the project's conformance with the State Development and Redevelopment Plan policies and objectives and shall specify any modifications that are needed to develop the project in conformance with the SDRP. The developer shall prepare a description of the proposed project to promote or reinforce the designation of the PLI Zone as an agriculture/industry node in the State Development and Redevelopment Plan through the plan endorsement process. The relationship of the proposed development to the agricultural industry (local and regional), existing and proposed transportation facilities (including ports), and the county's smart growth corridor must be specifically addressed.

Circulation plan. The circulation plan for the planned industrial development in the GDP application shall describe the following:

The functional classification of all existing and proposed streets within or adjacent to the project site in accordance with FHWA and local planning entities.

The proposed jurisdictional responsibility for the streets with the GDP development area.

The location of proposed access roads to the existing collector or arterial road system with an indication of the total and peak hour trip generation during build-out conditions.

The proposed on-tract and off-tract access improvements to the existing Township and county collector road system and to the state arterial road system.

A typical cross section of proposed internal access roads indicating the width of the cartway and shoulder, drainage improvements, and pedestrian access (graded areas, sidewalks).

A conceptual pedestrian network indicating the linkage of the industrial lots with passive open space and collector roads.

A conceptual plan for bikeways and bike lanes within and adjacent to the development.

Open space plan. The open space plan shall describe the open space and preserved farmland that will result from the implementation of the GDP. The open space plan shall be accompanied by a narrative explaining the basis of the lands set aside for open space, the intended purpose of those areas, and the proposed management agencies. Management policy recommendations or restrictions shall also be described. In particular, the applicant shall describe the following:

Passive recreational areas that will be dedicated to the Township, if the Township desires to accept;

Stormwater management areas that will include all stormwater control facilities and that will be dedicated to the management entity;

Productive agricultural areas that will be deeded to the Township subject to development easements or otherwise preserved as farmland;

Woodlands, wetlands and other conservation areas that will have a conservation easement dedicated to the Township or another regulatory agency.

Environmental impact statement. The applicant shall submit an environmental impact statement that conforms to the EIS requirements of this chapter. The applicant shall describe how the proposed planned industrial development will reduce the impact on the environment compared to conventional industrial land development. The applicant shall also describe the buffers and mitigative measures that will be employed under the planned industrial development compared to the requirements under conventional development. The specific objectives of the GDP EIS are as follows:

To inventory the environmental conditions on the GDP tract;

To define the environmentally sensitive lands that should be preserved or protected;

To consider the scenic vistas and viewsheds that will be impacted by the project;

To address the means of designing the planned industrial development to blend into the rural landscape;

To address the potential environmental impacts of the project;

To describe the unavoidable impacts of the planned industrial land development;

To describe the proposed methods of mitigating any unavoidable impacts of development.

Housing plan. A housing plan shall be submitted indicating the affordable housing obligations that can be attributed to the proposed development and the applicant's approach to satisfying these obligations. The applicant shall propose to pay a development fee that will satisfy the affordable housing obligation at another location. The housing plan shall compare the cost of developing off-site affordable housing with the proposed development fee.

Utilities plan. A utilities plan shall be submitted indicating the proposed means of providing adequate potable and process water and wastewater collection and treatment. The source and design parameters of the water supply and wastewater systems shall be defined. The applicant shall demonstrate that the water supply will be adequate for fire-fighting purposes based on storage volume and pressure. The type, capacity, and process technology of the proposed wastewater treatment system shall also be indicated. The proposed phasing of the utility system shall also be described.

Timing schedule. The timing schedule shall describe the time needed to complete the project, including any terms or conditions that are intended to protect the interests of the public. The timing schedule shall include the term of the effect of GDP approval, the phasing of the project, and the anticipated construction time for each phase and for the entire project.

Development agreement. The applicant shall submit a proposed municipal development agreement that outlines the applicant's proposed terms and conditions of GDP approval. The Planning Board shall have the authority to modify the proposed terms and conditions as necessary to protect the public interest prior to approval of the GDP, subject to Township review and approval. A proposed municipal development agreement that is acceptable to the Planning Board and the Township shall be required as a condition of any resolution of GDP approval, subject to final review and approval by the Township Committee prior to signature by the parties.

Review standards. Prior to the adoption of GDP, the Planning Board shall determine that the GDP satisfies the following standards:

The proposed intensity of development of planned industrial development conforms to the selected land intensity option, and has otherwise been determined to be appropriate for the tract.

The proposed planned industrial development respects and conforms to the environmental constraints and limitations of the project site.

The planned industrial development results in the preservation of at least 100 acres of open space or preserved farmland. At a minimum, the preserved farmland resulting from the GDP must consist of a minimum of 50 contiguous acres of productive farmland and/or a minimum of 10% of the gross acreage included in the GDP. The preserved farmland must be economically viable based on size, configuration, soils and other factors. The open space shall be configured to create greenways throughout the project connected to off-site natural features.

The planned industrial development must be designed to mitigate the impact of the industrial development on the rural landscape and on adjacent agricultural production activities by applying the agricultural buffer requirements of this chapter and other appropriate methods.

The planned industrial development must be designed in full accordance with the Township's planning and design objectives as set forth in this chapter and the Township Master Plan with regard to site improvements. Specifically, the design principles for the streets, sidewalks, landscaping, lighting, open space, stormwater management facilities, and other site improvements must conform to Township planning principles, standards, and objectives.

The proposed development must satisfy the affordable housing obligations of the project through the payment of development fees. The revenue from the development fees must exceed the Township's affordable housing obligation from the project at all times.

Application fee and initial escrow deposit. The application fee for a GDP planned industrial development application shall be $500, and the initial review escrow deposit shall be $5,000.

Site plan/subdivision approval required. After a GDP has been approved, any proposed development pursuant to the GDP will also be subject to site plan and, if applicable, subdivision review and approval.

§ 145-42 Recreation and open space.

Recreation.

[Amended 12-30-2003 by Ord. No. 0225; 12-13-2005 by Ord. No. 05-18; 12-13-2009 by Ord. No. 11-09]

Although not required for non-planned unit developments, a recreation area may be dedicated and improved by a developer for a project that is not a planned unit development.

All land and recreation areas may be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture in accordance with specifications contained in Lofts, Inc., Guide Seed and Sod in United States and Canada, current edition, and ideally be suitable for playing playground games, such as touch football and softball, on an informal basis. The recreation area shall meet all design standards as set forth in this chapter.

The recreation area should not include any wetlands, wetlands transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the subdivision and entirely within Pilesgrove Township and readily accessible to all lots intended for residential development.

The development may provide for a homeowners' association in accordance with § 145-43 of this chapter for the ownership and maintenance of the recreation area for the benefits of owners or residents of the subdivision, unless the Township accepts dedication of the recreation area pursuant to Subsection B hereinbelow.

Open space.

In the designation of the open space and the uses proposed thereon, the developer shall be guided by the following:

[Amended 12-13-2009 by Ord. No. 11-09]

Any lands proposed as open space shall be located, shall be of the size and shall be improved to best suit the purpose(s) for which open space is intended.

Common open space to be administered by a homeowners' association or other open space organization shall be distributed throughout the proposed development so that as many residential dwelling units or buildings as are practicable abut and have direct access to the common open space.

The protection of environmentally fragile and important resource land areas, such as aquatic buffer areas, five-hundred-year floodplain and treed acreage is a high priority.

The Planning Board shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

Should the proposed development consist of a number of development stages, the developer may propose that open space acreage be proportionate in size to the development stage being considered for final approval for that particular development stage, even though these lands may be located in a different section of the overall development.

[Amended 12-13-2009 by Ord. No. 11-09]

Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association or other open space organization.

If the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary approval of any development application containing the subject open space.

All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association or other open space organization as provided in N.J.S.A. 40:55D-43 and § 145-43 of this chapter. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

(Reserved)[1]

§ 145-42.1 Conservation design open space land use and design standards; ownership of conservation open space and common facilities.

Editor's Note: Former Subsection B(5), regarding noncritical land areas, was repealed 12-13-2011 by Ord. No. 11-09.

[Added 10-13-2009 by Ord. No. 09-09]

Uses permitted on conservation design open space lands. The following uses are permitted on the conservation design open space, if stipulated in the greenway ownership and management plan approved by the Planning Board:

Conservation of open land in its natural state.

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.

Pastureland, stables, and equestrian facilities for horses, including outdoor tracks, provided that the equestrian or stable facilities do not attract more than 50 cars in one day, are permitted.

Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry in accordance with a forestry management plan.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, paint ball operations, and other more intensive uses similar in character and potential impact, as determined by the Board.

Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.

Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required open space within the RR and SR Districts, excluding driving ranges or miniature golf.

Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space.

Easements for drainage, access, sewer or water lines, or other public purposes.

Underground utility rights-of-way and aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation design open space.

Open space design standards.

Conservation design open space shall be laid out in general accordance with the Township's Conservation. Recreation, Open Space and Farmland Preservation Plan Elements to ensure that contiguous agricultural districts and an interconnected network of open space will be provided. The required open space land will consist of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs). SCAs include special features of the property that would ordinarily be overlooked or ignored during the design process. To the extent feasible and appropriate, the conservation design open space should be contiguous and undivided.

Pursuant to this Subsection E, the open space may be owned and maintained by a homeowners' association, a land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse or farm) with deed restrictions. These ownership options may be combined so that different parts of the open space land may be owned by different entities.

Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural greenway buffer of at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or under story growth be permitted (except as may be necessary for street or trail construction). Where this buffer is not currently wooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

Other design requirements.

No portion of any building lot may be used for meeting the minimum required conservation design open space. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required conservation design open space.

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to common open space land in accordance with the following requirements:

Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.

If the open space lands are being used for agricultural purposes exclusively, access to such open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

Development restrictions. All conservation open space shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 145-42.1A.

Ownership options. The following methods may be used, either individually or in combination, to own conservation open space and common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:

Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the conservation design open space or common facilities, provided that:

There is no cost of acquisition to the Township; and

The Township agrees to accept the land and/or facilities and has access to maintain such facilities.

Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as common element.

Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes and in accordance with § 145-43, Homeowners' association and other open space organizations.

Private conservation organization or to the county. With the permission of the Planning Board and Township Committee, an owner may transfer either fee simple title of the conservation design open space or easements on the open space to a private nonprofit conservation organization or to the county, provided that:

The conservation organization is acceptable to the Township bodies and is a bona fide conservation organization intended to exist indefinitely;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Salem County becomes unwilling or unable to continue carrying out its open space responsibilities and functions;

The open space land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

A maintenance agreement acceptable to the Township is established between the owner and the organization or Salem County.

Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:

There shall be no cost of easement acquisition to the Township;

Any such easements for public use shall be accessible to the residents of the Township; and

A satisfactory maintenance agreement shall be reached between the owner and the Township.

Noncommon private ownership. Up to 100% of the required conservation design open space may be included within one or more large "conservancy lots" of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, and that the Township is given the ability to enforce these restrictions. Farmland would typically be preserved in this manner. The land could still be sold for agricultural purposes but would have a deed restriction preventing any other land use.

Maintenance of open space lands and common facilities.

Unless otherwise agreed to by the Board, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owners, condominium association, homeowners' association, or conservation organization.

The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space lands and the operation of common facilities in accordance with the following requirements:

The plan shall define ownership;

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);

The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

At the Board's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and

Any changes to the maintenance plan shall be approved by the Board.

In the event that the organization established to maintain the conservation design open space and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof, in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township with the County Clerk.

If all of the conservation design open space is to remain in private ownership and is to continue to be farmed, no maintenance plan is required. However, the deed restriction will establish the agricultural practices that are to be followed.

Permanent open space protection through conservation easements. The required open space land in country estate subdivisions shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, to install subsurface septic disposal systems or to install stormwater management facilities. The determination of necessity shall lie with the Board. A list of permitted uses of open space lands is contained in § 145-42.1A.

§ 145-43 Homeowners' association and other open space organizations.

A homeowners' association or other open space organization may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. A homeowners' association or open space organization shall be established prior to the issuance of any certificate of occupancy for any building in the development. If established, the organization shall incorporate the following provisions:

Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township of Pilesgrove.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws and resolutions all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property.

The articles of incorporation shall contain provisions to ensure adequate funds are available for maintenance of the common elements. In the case of townhouse and patio home dwelling units, the bylaws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the dwelling units which shall be approved as part of the original site plan application and/or amendments thereto. The articles of incorporation of the organization and the bylaws and resolutions shall be submitted for review by the Land Use Review Board prior to the granting of the original final or amended site plan approval by the borough.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization and title to the common open space shall be transferred to the members of the homeowners' association based on a percentage of the dwelling units sold and/or occupied; such schedule shall be subject to review and approval by the Board.

Should the association fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43c shall be followed.

§ 145-44 Critical areas.

[Amended 4-8-2003 by Ord. No. 0210; 6-15-2016 by Ord. No. 16-04]

Basis for establishing critical areas.

The critical areas within Pilesgrove Township include freshwater wetlands, special flood hazard areas, and streams. The approximate location of freshwater wetlands is indicated on freshwater wetlands mapping available from the New Jersey Department of Environmental Protection (NJDEP), Bureau of Geographic Information Systems (GIS). Special flood hazard areas are shown on Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA).

Regarding floodplain areas, it is recognized that more floodplain areas may exist in the Township than those mapped. Any mapping of the flood hazard areas by the Department of Environmental Protection shall take precedence.

Additionally, while information depicted on the map has been prepared as accurately as possible, nevertheless it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to and subjected to independent verification by the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit and/or any other application which considers construction permits and/or any other application which considers the critical areas categories of information depicted on the map.

Finally, while not included as a critical areas environmental factor per se, hydric soils have been mapped as part of the Land Use Plan portion of the Pilesgrove Township Master Plan and are subject to regulations in this chapter and any state and/or federal laws which may supersede them.

Purpose of regulations for floodplain and stream corridor areas. The purpose of these regulations is to:

Protect floodplains and stream corridors so that floodwater may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.

Allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.

Promote the development of a parklike network throughout Pilesgrove Township along stream corridors as indicated on the Zoning Map.

Permit only that development of flood-prone areas and stream corridors within Pilesgrove Township which:

Is appropriate in light of the probability of flood damage and the need to reduce flood losses;

Represents an acceptable social and economic use of the land in relation to the hazards involved;

Does not increase the danger to human, plant or animal life; and

Provides that no decreases in the amount of available storage for floodwaters within the floodplain results from any development.

Prohibit any other types of development, including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading and to retain areas adjacent to streams free from structures and other obstructions.

Protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage and downstream deposits of silt, gravel and stone and to prevent burdensome costs to the public arising from such damage and its repair.

Protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.

Prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses, and their protective floodplains and slopes.

Applicability and interpretation.

This section regulates development in the following two ways:

By protecting stream corridors, as defined in Subsection D below, from the type and intensity of development which would be destructive to their special environmental importance and harmful to the health and general welfare and to properties downstream; and

By mitigating flood hazards within flood hazard areas pursuant to the requirements of the National Flood Insurance Program. These regulations are, in part, intended to satisfy federal requirements in order to make flood Insurance available within Pilesgrove Township.

AREA OF SPECIAL FLOOD HAZARD

Except in limited cases, the stream corridor requirements of Subsection B do not permit structures within the stream corridor as defined in Subsection D hereinbelow, which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in Subsection F apply only in those limited cases where structures or substantial improvements to structures are permitted.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AH ZONE

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

AO ZONE

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.

APPEAL

A request for a review of the Construction Code Official's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO or AH Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.

BASE FLOOD

A flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30, the elevation represents the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

ELEVATED BUILDING

A nonbasement building i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

EROSION

The process of the gradual wearing away of land masses.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; and/or

FLOODPLAIN MANAGEMENT REGULATIONS

The unusual and rapid accumulation or runoff of surface waters from any source.

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without accumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area [including basement]. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the longest horizontal projections;

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348),[1] includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above the ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceed 40% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE

A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.

VIOLATION

The failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Editor's Note: See 16 U.S.C. § 3501 et seq.

Site plan review.

All proposals for any development within a floodplain or stream corridor area shall require site plan approval by the Planning Board in accordance with Article VIII of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but instead includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Board Engineer, the proposed work is of such a minor nature that Planning Board review is not required, the need for site plan approval by the Planning Board may be waived by the Board. In any case, all other requirements of this section shall apply, and before the work actually begins, the Township Engineer shall have issued, in writing, his approval to proceed with the work.

Review of proposal.

When a proposal for development within a floodplain or stream corridor is made to the Township, initially the Board Engineer shall review the proposal to:

Determine that the requirements of this section have been satisfied;

Determine that all necessary approvals have been obtained from those federal, state or other local governmental agencies from which prior approval is required;

Determine if the proposed development is located in the floodway and, if so, assure that the encroachment provisions pertaining to floodways are met; and

Determine whether any plans for walls to be used to enclose space below the base flood level comply with applicable requirements.

After the review is completed, the Board Engineer shall inform the Planning Board of its findings.

Fees shall be provided for site plans in § 145-60A of this chapter, and public notice of public hearings shall be given as stipulated for site plans in § 145-51D of this chapter.

In addition to the applicable information required for preliminary site plan approval stipulated in § 145-57 of this chapter, the following additional information shall be provided:

Proposed finished grade elevations at the corners of any structure or structures.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures, existing and proposed.

Elevation in relation to mean sea level to which any structure, existing or proposed, has been or will be floodproofed.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria established by this section.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Where alteration or relocation of a watercourse is proposed, notification of the proposed alteration or relocation must be provided to adjacent municipalities and proof of such notification submitted to the Federal Insurance Administration.

The extent of proposed or previous filling, cutting or regrading of the land, if any.

The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment trap headwalls and aprons.

Proof of stream encroachment lines (floodway) obtained from the State Department of Environmental Protection (DEP). Where stream encroachment lines have not been established by the DEP, the design engineer shall delineate floodplains and encroachment lines in accordance with regulations established by the NJDEP Division of Land Use Regulation and shall apply for and obtain all applicable permits and approvals from federal, state, county and municipal agencies.

The applicant should be prepared to present evidence that the proposal:

Has an inherently low flood damage potential.

Either acting alone or in combination with the existing or future uses will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of stormwater.

Does not affect adversely the water-carrying or storage capacity of the channel, floodway or flood-fringe areas.

Does not increase local runoff and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system.

Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality or quantity of groundwaters.

Does not require channel modification or relocation.

Is set forth in this chapter as a permitted use.

Is not a prohibited use in that portion of the floodway, floodplain or stream corridor where proposed to be located.

Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of the intention to conduct such tests shall be forwarded to and received by the Board Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Board Engineer for review.

When base flood elevation data has not been provided by the Township, its agents, servants and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source to administer this chapter.

The reasons the use cannot be located totally outside the stream corridor area.

Uses in floodways, flood-fringe and stream corridor areas.

Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood-fringe, floodplain and stream corridor areas. All uses not specifically permitted by Subsection F(2) and (3) hereinbelow shall be prohibited.

Permitted uses in floodways. The following uses shall be permitted in floodways, provided that the requirements of Subsections F(2)(e) and G of this section are satisfied, and provided that the uses do not conflict with New Jersey Department of Environmental Protection Flood Hazard Area Regulations:

Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the State Department of Environmental Protection, the Salem County Planning Board and the Pilesgrove Township Planning Board.

The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space and play yards shall be permitted, provided that no play equipment is located in the floodway, picnic areas, boat landings and golf courses; provided, further, that a maintenance program to promote stabilization of stream banks is established.

Installation, repairs or replacement of sanitary sewers and appurtenances and other utility lines and appurtenances shall be permitted.

Culverts, bridges, road or driveway crossings shall be permitted where no other locations are feasible.

No encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a one-percent chance of being equaled or exceeded in any given year. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Pilesgrove Township Planning Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.

Stormwater management facilities.

Permitted uses in the stream corridor areas. Except for within the floodway, the following uses shall be permitted in stream corridor areas:

The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space and play yards, provided that no play equipment is located in the stream corridor, picnic areas and golf courses; provided, further, that a maintenance program to promote stabilization of stream banks is established.

Rebuilding existing structures, provided that the requirements of Subsection G hereinbelow are met.

Additions to preexisting structures not to exceed 25% of the gross floor area of the structure preexisting the adoption of this chapter.

Farm fences allowing free passage of floodwaters and debris.

Installation, repairs or replacement of sanitary sewers and appurtenances and other utility lines and appurtenances.

Stormwater management facilities.

Culverts, bridges, road or driveway crossings where no other locations are feasible.

Conditions of approval. The Planning Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare; to protect public and private property, wildlife and fisheries; and to preserve and enhance the natural environment of the stream corridor. No certificate of occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharged from the system into the floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not limited to the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage.

All subdivision proposals and other proposed new development shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

For all new construction and substantial improvements, the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

(14)

The installation of an adequate flood-warning system shall be required.

(15)

The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.

New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the flood hazard area design flood elevation.

(17)

New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive. Require within any AO or AH Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(18)

In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, either a) elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive, and b) require within any AO or AH Zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or a) be floodproofed so that below the base flood level plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water; b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the Planning Board. Any or all of the following floodproofing measures may be required:

Installation of watertight doors, bulkheads and shutters or similar devices.

Reinforced walls to resist water pressure.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of weights to structures to resist flotation.

Installation of pumps to lower water levels of structures.

Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over-the-sidewalk and under-the-sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate watercourse or drainage system.

Construction that resists rupture or collapse caused by water pressure or floating debris.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or stormwaters into the structure; gravity drainage of basements may be eliminated by mechanical devices.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.

(19)

Where and when permitted, fill shall be no lower than one foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

(20)

Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one foot above the flood hazard design elevation.

(21)

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.

(22)

All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(23)

Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.

Variances. The Planning Board/Zoning Board of Adjustment as established by the Township Committee shall hear and decide appeals and requests for variances from the requirements of this section.

The Planning Board/Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Construction Code Official in the enforcement or administration of this section.

Those aggrieved by the decision of the Planning Board/Zoning Board of Adjustment, or any taxpayer, may appeal such decision to the New Jersey Superior Court, as provided in N.J.S.A. 40:55-1 et seq.[2]

Editor's Note: See now N.J.S.A. 40:55D-1 et seq.

In passing upon such applications, the Planning Board/Zoning Board of Adjustment, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

The compatibility of the proposed use with existing and anticipated development;

The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(k)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

Upon consideration of the factors of Subsection H(3) and the purposes of this section, the Planning Board/Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The Construction Code Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Conditions for variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection H(3)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Flood insurance. Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the floodplain.

Warning and disclaimer. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside flood hazard areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Township of Pilesgrove or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Flood hazard area searches; fees.

Official designated to make flood hazard searches. The Township Committee shall, annually, designate an official of the Township to make and prepare flood hazard area searches. Such official shall thereafter be vested with the power to make certificates with respect to flood hazard areas on behalf of the Township.

Issuance of certificates. The official appointed to make such searches shall issue certificates within a reasonable time after receipt of the following:

A written request for a flood hazard area search containing a diagram or description showing the location and dimensions of the tract of land to be covered by the certificate and the name of the owner of the tract of land; and

The total fees as herein provided.

Fees for certificates. The following fees shall be received prior to the issuance of any certificate:

Where the property described in the application is shown on the Tax Map as consisting of five acres or less, a fee of $5.

Where the property described in the application is shown on the Tax Map as consisting of more than five acres but less than 20 acres, a fee of $10.