Article VII Exceptions, Modifications and Development Alternatives

Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure locations and orientations.

Campgrounds.[1]

For purposes of this chapter, campgrounds shall be differentiated as "improved campgrounds" and "primitive campgrounds" and shall be defined as follows:

IMPROVED CAMPGROUNDS

A tract of land at least 40 acres in area used for camping, including facilities for tents or camping vehicles temporarily located on the site, and established, maintained and operated as an area for the temporary living quarters for children or adults, or both, for recreation, education or vacation purposes.

PRIMITIVE CAMPGROUNDS

The same as improved campgrounds, except that a camping vehicle shall not be permitted which requires utility hookups on site. Each individual area designated for one sleeping facility shall be a minimum of 10,000 square feet in area and be at least 100 feet wide and 100 feet deep.

All provisions stipulated in the applicable ordinances of the Township shall be met.

All provisions of BOCA, as amended, shall prevail.

Site plan approval by the Planning Board shall be required prior to the issuance of a construction permit or prior to the issuance of a certificate of occupancy should a construction permit not be required. Prior to site plan approval, all necessary and appropriate permits from the State Department of Health and the State Department of Environmental Protection shall be furnished to the Township.

Editor's Note: See also Ch. 213, Campgrounds, Private.

Funeral homes.

The minimum lot size shall be one acre with a minimum frontage of 125 feet on an improved public street.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No more than 35% of the lot shall be covered by impervious surfaces, including buildings, structures and pavement.

At least the first 40 feet adjacent to any street line and 25 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.

A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines (see § 400-59B).

All other applicable requirements of this chapter shall be met.

Lodges and clubs.

The minimum lot size shall be three acres with a minimum frontage of 150 feet on an improved public street.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No more than 25% of the lot shall be covered by impervious surfaces, including buildings, structures and pavement.

A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines (see § 400-59B).

All other applicable requirements of this chapter shall be met.

Hospitals.

For purposes of this chapter, the term "hospital" shall mean an institution containing beds for 20 or more patients where the sick or injured are given medical or surgical care limited to the diagnosis and treatment of human beings only. For purposes of this chapter, clinics rest homes, nursing homes and convalescent homes are not considered hospitals.

The minimum lot size shall be 10 acres with a minimum frontage of 300 feet on an improved public roadway.

No building shall be higher than four stories and 40 feet.

No more than 35% of the lot shall be covered by impervious, surfaces including buildings, structures and pavement.

At least the first 60 feet adjacent to any street line and 40 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.

A minimum buffer area of 25 feet in width shall be provided along all aide and rear lot lines (see § 400-59B).

One parking space shall be provided for every two beds.

Signs shall be permitted as approved by the Planning Board during site plan review.

All other applicable requirements of this chapter shall be met.

Public utility uses.

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other public utility services.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.

Sufficient 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.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

Car washes.

The minimum lot size shall be 20,000 square feet with a minimum frontage of 150 feet on an improved public street.

Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with said drainage.

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

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 70 square feet, whichever is smaller. Freestanding signs shall be set back at least 30 feet from all street and lot lines.

All other applicable requirements of this chapter shall be met.

Motels.

Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of, but in addition to, a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.

Each unit of accommodation shall contain a minimum floor area of 350 square feet. Ceilings shall be a minimum of 7 6/10 feet in height.

Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom. No more than 20% of the units shall include cooking facilities with said unit.

There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises nor to occupants of the permitted units with cooking facilities.

Off-street parking shall be provided at the ratio of 1 1/10 spaces per room.

All other applicable provisions of this chapter shall be met.

Service stations.

The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.

No service station shall be located within 500 feet of any fire house, school, playground, church, hospital, public building or institution.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station except as provided herein. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed 30 days and providing that the owners of said motor vehicles are awaiting their repair or disposition.

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.

The exterior display and parking of motor vehicles, trailers, boats or similar equipment for sale shall not be permitted as part of a service station.

Service stations shall provide at least five spaces for the first lift, wheel alignment pit or similar work area, four additional spaces for a second work area, and an additional three spaces for each additional work area. 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.

Service stations may be permitted one freestanding sign. The freestanding sign shall not exceed an area of 34 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines.

All other applicable requirements of this chapter shall be met.

Public purpose uses.

For purposes of this chapter, the term "public purpose uses" shall mean the use of land or buildings by any governmental agency, or any officially created authority or agency thereof.

The proposed installation of a specific location must be reasonably necessary for the provision of service by the agency or authority to the neighborhood or area in which the particular use is to be located.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public purpose facilities, shall be built in accordance with the applicable requirements of the appropriate state and federal agencies governing the facility at the time of construction.

Sufficient 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.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

Nursing homes.

For purposes of this chapter, the term "nursing home" shall mean any institution which conforms to state and federal standards and regulations, and is issued the necessary licenses and permits of these and all other governing bodies, which pertain to such an institution.

Providing a medical day-care facility is encouraged and may be included as a component of the nursing home.

Residential units proposed with a nursing home complex must conform to the residential district requirement of the R-2 District.

A certificate of need shall be obtained prior to conditional use approval, and the certificate of need shall be submitted as part of the conditional use application.

Off-site sewer and water must be available.

Methods for transportation of patients of the nursing home for personal or medical needs shall be shown.

The minimum lot size shall be 10 acres, with a minimum frontage of 300 feet on an improved public roadway.

The maximum density for a ten-acre tract shall be 120 beds, and for each additional acre, 20 beds shall be permitted.

No building shall exceed 20 feet in height except as provided for in § 400-57B of this chapter.

No more than 35% of the lot shall be covered by impervious surfaces, including buildings, structures, and pavement.

(12)

A minimum buffer area of 25 feet in width shall be provided along all side and rear lot lines (see § 400-59).

(13)

One parking space shall be provided for every two beds.

(14)

Signs shall be permitted as approved by the Planning Board during site plan review.

(15)

All other applicable requirements of this chapter shall be met.

Non-family-oriented businesses.

ADULT BOOKSTORE AND ADULT MOTION-PICTURE THEATER

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

ADULT BOOKSTORE

An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis in matter depicting, describing or relating to specified anatomical areas or specified sexual activities, or an establishment with a segment or section devoted to the sale or display of such material, and an enclosed building used for presenting films of or films consisting of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities for observation by patrons therein. For the purpose of this chapter, "specified anatomical areas" or "specified sexual activities" are defined in the New Jersey Statutes, N.J.S.A. 2C:34-3, and the same are incorporated herein and made a part hereof as if fully set forth.

ADULT LIVE ENTERTAINMENT

Any establishment or business which shall use, feature, permit, or offer for view nude or seminude dancers, strippers, entertainers or other persons engaged in showing or exhibiting sexual organs, including breasts.

ADULT MOTION-PICTURE THEATER

An enclosed building used for presenting films of or films consisting of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities for observation by patrons therein. For the purpose of this chapter, "specified anatomical areas" or "specified sexual activities" are defined in the New Jersey Statutes, N.J.S.A. 2C:34-3, and the same are incorporated herein and made a part hereof as if fully set forth.

ARTIST BODY PAINTING AND PHOTOGRAPHIC STUDIO

An establishment or business which provides a service of supplying a human model, which such human model is fully or partially nude for the purpose of photographing, painting, sketching, drawing or otherwise describing or delineating said human model in any shape or form.

CERTIFIED MASSAGE PRACTITIONER

Any person educated and trained to perform therapeutic massage for bona fide medical purposes.

MASSAGE PARLOR

An establishment, business or use which provides the service of massage and body manipulation, including exercises, heat and light treatments of the body and all forms and methods of physical therapy unless operated by a medical practitioner or professional physical therapist or certified massage practitioner.

Adult bookstores, adult motion-picture theaters, adult bookstores and adult-motion picture theaters, artist body painting and photographic studios, massage parlors and adult live entertainment are hereby expressly prohibited in all districts of the Township other than the Industrial-Special Purposes Zone. Such uses shall be deemed conditional uses in the Industrial-Special Purposes Zone subject to the following conditions:

In order to avoid an adverse impact upon the children of Lower Township, the lot line of any lot containing any establishment with a use encompassing those encaptioned above shall be located no closer than 1,500 feet from the lot line of any lot containing any school, church or library.

In order to avoid the creation of a "war zone" or "red light" areas, the lot line of any establishment or business with a use encompassing those encaptioned above shall be located no closer than 2,640 feet from the lot line of any lot containing any other establishment or business with a use encompassing those encaptioned above.

In order to preserve the quality of family life in Lower Township, the lot line of any establishment or business with a use encompassing those encaptioned above shall be located no closer than 1,500 feet from any lot line of any lot containing a residential use.

(d)

When any existing building is converted from any use to one of those listed above, under the general term "adult uses," then, in that event, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this Subsection L.

(e)

The Planning Board shall obtain a preliminary advisory opinion from the Community Standards Review Board and shall give due consideration to the findings contained therein with reference to the impact of the proposed use on the health, welfare, safety, comfort and convenience of the people of the Township of Lower. Incompatibility with community standards shall be deemed a valid reason to reject an application.

(f)

One wall-mounted sign, not to exceed 5% of the first floor portion of the front facade, or 35 square feet, whichever is smaller. Freestanding and/or neon signs shall not be permitted.

(g)

The applicant shall provide a fence or other opaque buffer at least four feet in height within six feet of the front lot line. Said buffer shall extend the entire length of the property, save only for the driveway into the premises, which driveway shall not exceed 20 feet in width. Additionally, a minimum buffer area of at least five feet in width and six feet in height shall be provided along all side and rear lot lines. Nothing contained herein shall be deemed to alter the requirements of § 400-31 of this chapter, and, in the event of conflict between this subsection and § 400-31, then § 400-31 shall be deemed controlling.

(h)

No such building shall exceed 20 feet in height.

(i)

The area and yard requirements of the district in which the use is situate shall apply.

(j)

The Planning Board may attach conditions as needed to any approvals granted under this subsection.

Nothing contained herein shall be deemed to apply to any premises operated by a medical practitioner or a bona fide professional physical therapist or certified massage practitioner as heretofore defined herein.

Disclaimer. Nothing contained herein shall be deemed to legalize, authorize, or otherwise permit the sale of obscene material as defined in and prohibited by N.J.S.A. 2C:34-2, 2C:34-3 and/or 2C:34-4, or Chapter 486, Pornography (Ordinance No. 85-11), it being the express intention of this § 400-56L that any use authorized pursuant hereto shall not fall within the exception contained in the final paragraph of N.J.S.A. 2C:34-2.

Methadone clinics.

The minimum lot size for methadone clinics shall be one acre, and the minimum frontage shall be 150 feet on an improved public street.

The minimum lot depth shall be 200 feet.

The minimum setback requirements are as follows:

Side yard: not less than 30 feet, subject to Subsection M(6) below.

Front yard: not less than 50 feet, subject to Subsection M(6) below.

Rear yard: not less than 30 feet, subject to Subsection M(6) below.

No more than 35% of the lot shall be covered by impervious surfaces, including but not limited to buildings, structures and pavement.

In order to avoid an adverse impact upon the children of Lower Township, the lot line of any lot containing a methadone clinic shall be located no closer than 1,500 feet from the lot line of any lot containing any school, church, public park, beach, playground or recreational facility, or library.

In order to preserve the quality of family life in Lower Township, the lot line of any lot containing a methadone clinic shall be located no closer than 1,000 feet from the lot line of any lot on which a residential use is permitted or on which there is otherwise situated a residential structure, including any apartments, condominiums or other multifamily dwellings.

No such building shall exceed 20 feet in height.

The hours of operation shall be limited to 7:00 a.m. to 4:00 p.m., Mondays through Fridays, and 7:00 a.m. to 12:00 noon, Saturdays. Sunday hours will not be permitted.

Adequate fences and other safety devices, signage, landscaping, lighting, parking and such other items consistent with this chapter as required by the Planning or Zoning Board during its review shall be provided.

All other requirements of this chapter must be met.

Cemeteries.

The minimum lot size shall be five acres with minimum frontage and width of 150 feet on an improved public street.

The minimum setback requirements are as follows:

Front yard: not less than 30 feet.

Side yard: not less than 20 feet.

Rear yard: not less than 20 feet.

Grave sites shall be set back a minimum of five feet from all property lines; however, site triangles must be complied with for permitted height of grave markers, as well as stone or brick walls and fencing.

Maximum building height for structures shall be 35 feet.

Site plan review or approval shall not be required for grave site layout and placements.

Entrance, exit and general roadway layout shall be approved, per ordinance requirements, by the Planning Board with an emphasis on the health, safety and welfare of the general public. However, interior roadways shall not be required to be paved in accordance with this chapter. The minimum interior roadway width shall be 15 feet.

Parking along interior roadways shall be permitted for grave sites, columbariums and mausoleums. Parking for mortuaries, parsonages and crematories shall be as follows:

Parking for mortuaries and crematories:

Minimum parking spaces: five.

[2]

Oversize loading zone: one.

Parking for parsonage shall be a minimum of two parking spaces.

Signs. One thirty-five-square-foot sign shall be permitted. The setback from all street lines and property lines shall be 20 feet. Sign height shall not exceed 20 feet. Site triangles shall be complied with in accordance with this chapter.

Grave sites and interior roadways in existing cemeteries and expansion of grave sites and interior roadways in existing cemeteries shall be exempt from the requirements of this chapter.

All other applicable requirements of this chapter shall be met.

Recreational uses.

For purposes of this chapter, the term “recreational uses” are facilities that include, but not limited to, providing the following activities, whether for a fee or not: water flumes; billiard and pool halls; table games such as air hockey, foosball, and ping pong; bowling alleys; miniature golf courses; driving ranges; amusement rides; legalized games of chance; coin-operated amusement games; video games; and circuses that are to be conducted within 200 feet of a residential property located in a residential zone.

The application and supporting material for a conditional use permit must be submitted to the Planning Board Secretary 21 days prior to the Planning Board meeting at which the proposed project will be reviewed. The applicant will be directed to the appropriate Township official from whom the applicant will request a list of property owners situated within 200 feet of the extremities of the property on which the proposed use is to be located. The applicant shall be required to notify all property owners on the list received of the proposed project by certified mail, return receipt requested, at least 10 days prior to the date of the Planning Board meeting. The applicant will be required to show proof of such notice at the Planning Board meeting. In addition, the applicant shall be required to place a notice in the official newspaper of the Planning Board, advertising the meeting and the proposed project. Such notices shall include the following information: nature of the proposed project, name of applicant, and date, time and location of the Planning Board meeting at which the project will be reviewed. Notice of the conditional use application shall be given subject to § 400-72E(1)(b) of this chapter. Contents of such notice shall be given subject to N.J.S.A. 40:55D-11.

The Planning Board shall, in its sole discretion, have the right to limit and/or set the hours of operation for any recreational use.

The Planning Board shall, in its sole discretion, have the right to control and limit the number of rides, machines, or games permitted in each recreational establishment.

The Planning Board’s discretion shall be based upon its consideration of the following factors:

Effect of proposed use on the surrounding area.

Effect of proposed use on the community as a whole.

Health, safety, and general welfare of the community and the area surrounding the proposed use.

(d)

Consistency with development plans for the Township of Lower.

Each ride, machine or game available at any recreational establishment as defined herein shall carry an approved sticker or license issued by the Township indicating that payment for a Township mercantile license has been rendered.

This section shall be applied in conjunction with Chapter 162 of the Code to the extent the sections are consistent.

Class 5 cannabis retail stores.

There shall be no more than two Class 5 cannabis retail licenses issued in Township of Lower and same shall be confined to the GB-1 Cannabis Overlay Zone, MD-2, or I Zoning Districts. Cannabis retail stores shall not be permitted within any other zone located within the Township of Lower. Class 5 Cannabis retail stores located in the GB-1 Cannabis Overlay Zone are deemed to be permitted uses, subject to the provisions of § 400-111.

Submission of a license and/or a conditional license approved by the State of New Jersey and/or the Cannabis Regulatory Commission to engage in the retail sale of marijuana.

Submission of a copy of the application submitted to the State of New Jersey requesting a Class 5 cannabis retail license along with all attachments.

Compliance with any and all requirements set forth within the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq.

Compliance with the area and bulk requirements of the zoning district in which same is proposed to be located.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No cannabis retail stores shall be located within 300 feet, measured from the front entrance to the proposed commercial property, of any residential structure, fire house, school, public playground, place of worship, hospital, beach, public recreational facility, or public library.

All sales to consumers must take place in the indoor areas of a cannabis establishment and/or curbside, in accordance with the provisions of N.J.A.C. 17:30-12.4, in front of said cannabis establishment. With the exception of the wholesale delivery of cannabis and/or the delivery of goods/equipment associated with the operation of a cannabis retail store, no business shall be conducted in the rear of a cannabis establishment.

Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m.

Cannabis consumption areas are prohibited from operating anywhere on the premises which are licensed to engage in the retail sale of cannabis.

No outside storage of any cannabis, cannabis products or cannabis paraphernalia shall be permitted.

(12)

All other applicable requirements of this chapter shall be met.

(13)

To the extent that any of the provisions outlined herein are in conflict with rules and regulations promulgated by the New Jersey Cannabis Regulatory Commission, the rules and regulations of the Commission shall control.

(14)

The holder of a Class 5 cannabis retail license shall be permitted to deliver cannabis products to their consumers pursuant to the requirements of N.J.A.C. 17:30-14.8 and N.J.S.A. 24:61-44, and subject to obtaining the necessary authorizations and approvals from the Cannabis Regulatory Commission.

Class 6 cannabis delivery service.

There shall be no more than two Class 6 cannabis delivery licenses issued in Township of Lower and same shall be confined to the GB-1 cannabis overlay zone, MD-2, or I Zoning Districts. Cannabis delivery stores/services shall not be permitted within any other zone located within the Township of Lower. Class 6 Cannabis delivery stores/services located in the GB-1 Cannabis Overlay Zone are deemed to be permitted uses, subject to the provisions of § 400-111.

Submission of a license and/or a conditional license approved by the State of New Jersey and/or the Cannabis Regulatory Commission to engage in the delivery of marijuana.

Submission of a copy of the application submitted to the State of New Jersey requesting a Class 6 cannabis delivery license along with all attachments.

Compliance with any and all requirements set forth within the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq.

Compliance with the area and bulk requirements of the zoning district in which same is proposed to be located.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No cannabis delivery service shall be located within 300 feet, measured from the front entrance to the proposed commercial property, of any residential structure, fire house, school, public playground, place of worship, hospital, beach, public recreational facility, or public library.

Cannabis consumption areas are prohibited from operating anywhere on the premises which are licensed to engage in the delivery of cannabis.

No outside storage of any cannabis, cannabis products or cannabis paraphernalia shall be permitted.

All other applicable requirements of this chapter shall be met.

§ 400-57 General exceptions and modifications.

Christmas tree sales. The annual sale of Christmas trees is permitted in any zone between December 1 and December 25, inclusive.

Height limits. Excepting for single- and two-family dwellings as permitted in this chapter, 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 height limits prescribed by this chapter but in no case more than 10% more than the maximum height permitted for the use in the district, except that farm silos have no height restrictions.

Parking of commercial vehicles in residential zones. Two commercial vehicles of a rated capacity not exceeding one ton or 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. The provisions of this chapter must be met on the single lot for which the use is accessory to the main use of the premises. This provision shall not be deemed to limit the number of commercial trucks or cars used upon a farm or 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.

Reconstruction of single-family dwelling on isolated lots. Any lot which was in compliance with the bulk requirements of the Township’s Zoning Ordinance when the Township’s Zoning Ordinance was amended, which amendment resulted in the lot being insufficient size (any measurement) to be then built upon, may be built upon if it complies with all yard requirements of the Zoning Ordinance and, if at the time of amendment, the lot was owned by a person or entity which had no ownership interest in a contiguous lot or lots at that time, whether or not the contiguous lot or lots are vacant or improved. This section shall only apply to isolated lots with a minimum frontage and width of 40 feet or greater for the construction of a new single-family dwelling whereas a single-family dwelling presently exists and is being replaced or reconstructed, in full compliance with the Land Development Ordinance, except as noted above. Exception: A lot shall not lose its character as an isolated lot if it is only contiguous to another lot at a point, or if it is only contiguous with another lot on a different street, court or lane, at one or both of the real lot lines.[1]

[Added 5-15-2006 by Ord. No. 2006-08]

Editor's Note: Former Subsection G, Beekeeping on small lots, which immediately followed, added 7-2-2012 by Ord. No. 2012-11A, was repealed 9-6-2023 by Ord. No. 2023-16.

§ 400-58 Residential clusters.

[Amended by Ord. No. 86-3; Ord. No. 90-4; Ord. No. 90-11; Ord. No. 95-3; Ord. No. 96-26; Ord. No. 98-17]

The purpose of this section is to provide a method of developing dwellings which will preserve desirable open spaces, conservation areas, floodplains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations hereinafter stated without increasing the number of lots in the total area to be developed.

Principal permitted uses on the land and in buildings.

Detached dwelling units in sewerable areas only, in accordance with the existing Cape May County 208 Plan.

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

Townhouses in sewered areas of the R-3 District only, provided that not more than six units are contained within a single structure.

Accessory uses permitted.[1]

Private residential swimming pools (see § 400-38 for standards).

Private residential toolsheds not to exceed 15 feet in height.

Boats, trailers and campers to be parked or stored only and located in rear or side yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot.

Tennis courts and other usual recreational facilities.

Off-street parking and private garages.

Fences and walls (see § 400-31).

Editor's Note: See also § 400-65, Accessory buildings 100 square feet or less, not on a permanent foundation.

Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories except as provided in § 400-57B of this chapter.

Maximum number of lots permitted. Total lots permitted shall be calculated by dividing the total acreage by the minimum lot size of the district.

Area and yard requirements.

Lot frontage reduction requirement. The average reduction in lot frontage must equal the average reduction in lot size.

Area and Yard Requirements for Residential Clusters Chart
		R-1 or R-2 Individual Sewerage	R-2 With Public Sewerage	R-3 With Sewer (Townhouses Only)
Tract size minimum (acres)		20	10	10
Principal building Minimum
	Lot area	1/3 acre	7,500 square feet	2,000 square feet
	Lot frontage (feet)	100	75	20
	Lot width (feet)	100	75	20
	Lot depth (feet)	120	90	90
	Side yard (each) (feet)	20	6 and 10	0
	Front yard (feet)	30	25	25
	Rear yard (feet)	30	20	40
Accessory Building Minimum
	Distance to side line (feet)	10	4	6
	Distance to rear line (feet)	10	4	6
	Distance to other building on lot (feet)	10	6	6
Maximum
	Building coverage of principal building (percent)	12%	30%	40%
	Building coverage of accessory building(s) and/or structures (percent)	10%	10%	10%

Minimum off-street parking.

Dwelling units shall each provide two spaces per unit.

See § 400-34 for additional standards.

Open space requirements. See § 400-59 for standards.

General requirements.

Prior to preliminary approval, the developer shall submit preliminary sewerage and water system plan(s) to serve the dwelling units in the development, together with letters from the appropriate municipal, county and state officials indicating the feasibility of such plan(s). Prior to final approval, the developer shall submit the final plan(s) which shall have been approved by the appropriate municipal, county and state officials.

Any proposal for a residential cluster may include provisions for the phasing of construction over a period of years, provided that the following terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development are met:

Where the development is intended to be phased over a number of years, prior to the granting of preliminary approval for the entire residential cluster, there shall be an explanation, including appropriate maps, indicating the location, number and type of units to be constructed in each phase and the priority of each phase. Each development phase shall indicate its relationship to the circulation and utilities systems completed up to that point in order to assure their adequacy to serve the total development.

Preliminary approval shall be granted for the complete residential cluster proposal before final approval shall be granted for any phase.

Each development phase shall maintain a reasonable balance of residential uses and recreational facilities and open space to serve the residents. For all development phases subsequent to the first phase, no construction permits may be issued for construction of units in any such phase until construction of preceding phases is substantially completed. ("Substantially completed" shall be taken to mean that, as a minimum, all exterior finish, paving, fine grading, seeding and landscaping shall have been completed.)

No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and sewer facilities servicing the said structure are properly completed and functioning.

§ 400-59 Open space requirements.

[Amended by Ord. No. 83-34; Ord. No. 90-11]

Land area equal to a minimum of 25% of the tract of land proposed for residential development shall not be included in lots and shall be set aside for conservation, open space, floodplain, school sites, recreation and park areas. Such land shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended. Land to be devoted to public purposes may be offered to the Township or may be owned and maintained by an open space organization. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization. All streets within the development shall be dedicated to the Township.

No land set aside shall later be developed for private residential or commercial use.

Twenty-five percent, but not less than three acres, of the open space shall have a seasonal high water table of not higher than two feet below the surface. Such lands shall be set aside for recreational purposes.

Open space shall be equivalent to or more than the total reduction in lot sizes. No more than 1/3 of the required open space shall be wetlands or pocomoke soil.

Accessways of at least 20 feet in width shall be provided for any open space intended for recreation. Any recreation open space parcel of two or more acres shall have at least two different twenty-foot accessways.

At least half of the required open space, but no less than two acres, shall be in a contiguous piece of land.

Any lands offered to the Township shall meet the following requirements:

The minimum size of each parcel offered to the Township shall be 1/2 acre.

Lands set aside for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for recreational purposes.

Any lands offered to the Township shall be subject to review by the Planning Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.

Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of this section pertaining to the use of such areas.

An open space organization, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas, shall be in accordance with N.J.S.A. 40:55D-43 and the following provisions:

Membership in any created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member's agreeing to his liability for his pro rata share of the organization's costs and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.

Executed deed shall be tendered to the Township simultaneously with the granting of final approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability. The individual property owners shall pay their proportionate assessment of real property tax on the open spaces as assessed, and if a failure to pay occurs, the Tax Assessor of Lower Township shall have the right to assess the individual's real property in the amount of the unpaid real property tax assessment and thereafter pursue such legal remedies as the law allows for the enforcement and collection of real property taxes.

Any assessment levied by the open space organization shall, if not paid, become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the planned development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the Township.

Part of the development proposals submitted to and approved by the Township shall be provisions to insure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which they hold title.

All recreational uses to be established in the open spaces by the open space organization shall be reviewed by the Planning Board, and no such use or uses shall be constructed or otherwise established in the open spaces absent approval of the Planning Board.

Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

§ 400-60 Apartments.

[Amended by Ord. No. 82-9]

No apartment dwelling shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter. Any group of units (except hotel or motel units) which contain any common inside or outside area shall be considered an apartment for purposes of this section.

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for dwelling unit, except in the R-6 Zone.

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

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. Parking space shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to both parking and interior streets shall not exceed 35% of the tract.

Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths:

Two hundred feet on one plane.

Three hundred forty feet on any angle.

Five hundred feet along the center line.

Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.

No portion of any dwelling unit shall be a basement.

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient centrally located area in the basement or ground floor of the dwelling structure where personal belongings and effects may be stored without constituting a fire hazard and where the said belongings and effects may be kept locked and separated from the belongings of other occupants. There shall be a further minimum common storage area in each building of 50 cubic feet per dwelling unit located convenient to the outside ground level for bicycles, perambulators and similar types of equipment (not applicable to R-6 Zone).

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 laundry of occupants of each building.

Each apartment building shall contain a single master television system which shall serve all dwelling units within the building.

Each apartment dwelling unit shall have the following minimum floor areas:

Efficiency unit: 500 square feet.

One-bedroom unit: 700 square feet.

Two-bedroom unit: 900 square feet.

Each additional bedroom shall require that a minimum of 250 additional square feet be added to the gross floor area of the apartment dwelling.

The maximum height shall not exceed the limit permitted in the respective district.

§ 400-61 Townhouses.

[Amended by Ord. No. 82-9]

No townhouse dwelling unit shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter:

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.

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

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. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to both parking and interior streets shall not exceed 30% of the tract.

No townhouse dwelling unit shall be less than 18 feet wide.

Each building shall contain a single master television system which shall serve all dwelling units within the building.

Each townhouse dwelling unit shall have the following minimum floor areas:

One-bedroom unit: 800 square feet.

Two-bedroom unit: 1,000 square feet.

Three-bedroom unit: 1,200 square feet.

§ 400-62 Permitted exclusions to §§ 400-77 and 400-78.

Each additional bedroom shall require that a minimum of 250 additional square feet be added to the gross floor area of the townhouse dwelling.

The maximum height shall not exceed the height limit permitted in the respective district.

[Added by Ord. No. 92-11]

Application for administrative approval of permitted exclusions. The following construction activities as specifically detailed in this section shall not be referred to the Planning Board for review of site plan, as required in § 400-77A. This section shall apply to existing permitted uses only and shall not apply where a zoning, occupancy or building permit is required for any new construction or change in use group.

Lighting. Up to two freestanding or attached units that provide for nonglare color-corrected lights, focused downward in compliance with § 400-47.

Fence. Fences installed in conformance with this chapter and specifically not encroaching on the site triangle easement. The applicant shall submit one current sealed survey that accurately reflects the conditions on the site, prepared by a licensed surveyor of New Jersey, showing the boundaries of the property, fence location, and site triangle easement, upon request of the Planning Director.

Shed. Portable sheds, not exceeding 150 square feet; construction details to be approved by the Construction Official.

Stone or clamshell surface applied to an existing parking area.

Parking bumpers or wheel stops to delineate existing parking areas.

Natural vegetation whether used as a buffer or ornamental.

Building addition by right of not more than 100 square feet and not encroaching into any landscaped buffer or parking area.

Signs. Freestanding or otherwise, not to exceed 35 square feet in area, 10 feet in total height, and not encroaching on any site triangle easement. Installation of freestanding signs shall require submission of one current sealed survey that accurately reflects the conditions on the site, prepared by a licensed surveyor, showing sign location boundaries of the property and site triangle if appropriate.

Interior renovations to an existing structure, including carpentry, plumbing, electrical, and fire.

Exterior architectural renovations. Changes such as rooflines, architectural projections, roofing and siding, window or ordinary repairs that do not increase the square footage or other area measurements by which all buildings occupy a lot.

Solar renewable energy technology: solar photovoltaic energy technologies and structures, ground-mounted or roof-mounted solar energy system. Only solar renewable energy technology that generates less than or equal to 100% of a property's electric energy needs, shall qualify for a permitted exclusion under this section.

[Added 12-19-2016 by Ord. No. 2016-07]

Administrative review.

Applicant shall be required to submit one copy of an application, on a form provided by the planning office, in order to apply for administrative approval of permitted exclusions to the Site Plan Ordinance.[1]

Editor's Note: See Art. IX, Development Application Review Procedure, of this chapter for site plan requirements.

The time limit for the Planning Director to approve or deny an application for administrative approval or permitted exclusions to the Site Plan Ordinance shall be 45 days from the date the application is deemed complete.

The Planning Director reserves the right to require the applicant to submit detailed plans to the Lower Township Fire Official for review and approval.

§ 400-63 Permitted exclusions to § 400-79.

Any and all disputes, disagreements, or interpretations arising out of any alleged error in order, requirement, decision, or refusal, made by the Planning Director, shall be decided by appeal before the entire Planning Board.

[Added by Ord. No. 93-23]

Application for administrative approval of permitted exclusions. The following construction activities as specifically detailed in this section shall not be referred to the Planning Board for review of site plan, as required in § 400-79D. This section shall apply to existing principal buildings only and their lawful accessory uses and shall not apply to existing vacant ground or ground caused vacant by any fire, flood, man-made demolition or natural disaster.

Building additions to the principal structure, including open decks and patios.

All permitted accessory uses.

Administrative review.

No construction under this section shall be permitted on a "dune" as defined in § 400-79C unless a minor site plan is filed with the Planning Board in accordance with § 400-77D.

All decisions as to the applicability of this section to a specific application for a building permit shall be made by the Construction Official and the Planning Director. If complete agreement is found not to be obtainable by the Construction Official and the Planning Director, as to the applicability of this section to an individual project, then the application shall be forwarded to the Planning Board for review and approval, as required by § 400-79E.

The applicant shall be required to submit one dated sealed survey that accurately reflects the conditions on the site. Upon request of the Planning Director and the Construction Official, a survey prepared by a licensed land surveyor of New Jersey, showing the boundaries of the site, existing conditions and elevations with contour lines, shall be required.

The area of disturbance, caused by any construction activity, shall be delineated in the field and drawn on any required survey or plans. The disturbance area shall be marked off on site by means of a snow fence and posted "off limits" to all construction personnel and equipment, prior to any building permit being issued.

A performance bond may be required for the revegetation of any disturbed area, but shall not exceed $1,000, as required by the Construction Official and the Planning Director.

Any and all disputes, disagreements or interpretations arising out of any alleged error in order, requirement, decision, or refusal made by the Construction Official or Planning Director shall be decided upon appeal before the entire Planning Board.

§ 400-64 Township exempt from site plan and subdivision approvals.

A record of all administrative approvals by said Construction Official and Planning Director shall be kept in a separate file in the Planning Director's office.

[Added by Ord. No. 93-27]

The Township of Lower Council shall be exempt from any and all site plan and subdivision development applications, subject to review and approval by the Construction Official and Planning Director, as required by this chapter, including but not limited to sections:

Section 400-75, Applying for minor subdivision approval.

Section 400-76, Applying for major subdivision approval.

Section 400-77, Preliminary site plan review.

Section 400-78, Final site plan review approval.

Section 400-79, Dune area site plan review.

§ 400-65 Accessory buildings 100 square feet or less, not on a permanent foundation.

[Added by Ord. No. 95-5]

Accessory buildings, 100 square feet or less, and not on a permanent foundation, shall be treated separate and apart from other accessory buildings in this chapter.

Accessory buildings 100 square feet or less, and not on a permanent foundation, shall be allowed a location on a lot with a minimum setback of one foot from the rear yard or side yard lot line, provided:

An affidavit is provided to the Lower Township Planning and Construction Office that specifically grants permission for the one-foot setback from all owners of record abutting the subject property in the location of the proposed accessory building.

No portion of the accessory building shall encroach onto the adjoining property, and the definition of "projecting architectural features" in § 400-8 shall not apply to accessory buildings 100 square feet or less and not on a permanent foundation.

This section shall be applicable to the following zoning districts:

R-3 with public sewer (§ 400-15A).

§ 400-66 Gazebo buildings as a permitted accessory use in the front yard of all residential districts.

R-2 cluster with public sewer (§ 400-58B).

[Added by Ord. No. 2001-2]

Gazebo buildings located in a front yard shall be treated separate and apart from other accessory buildings in this chapter.

Area, yard and height requirements chart.

	Gazebo Building Minimum	All Residential Zoning Districts
	Distance to front property line	6 feet
	Distance to side property line	4 feet
	Distance to other building	6 feet
	Maximum gazebo building height	15 feet
	Maximum gazebo building coverage	See building coverage for accessory uses in residential zones

Site triangle. No gazebo building shall be located in any site triangle.

Storage prohibited. No storage of any type of item shall be permitted in a gazebo building.

No enclosure. Gazebo buildings by definition shall be open on all sides. No enclosure, blinds, shades or other objects that may obstruct a clear view through the gazebo shall be permitted.

Electric prohibited. Gazebo buildings shall not have permanent electrical hookups or permanent lighting fixtures.

Size limitations.

Front yard. Gazebo buildings in the front yard shall be no larger than 150 square feet.