Township of Manchester, NJ Zoning

Temporary zoning permits may be issued by the Administrative Officer for the location of temporary trailers and on-demand storage structures as permitted by this chapter for a period not to exceed one year on an active construction site as approved by the Planning Board or 30 days for residential use; however, the permit may be renewed for like periods until completion of construction. Such permits may be revoked or reissue refused in the event that the trailer is no longer used for the purposes for which the permit was issued or the use discontinued, subject to the penalties for violation of this chapter.

Temporary zoning permits may be issued by the Administrative Officer for the location of charitable bin(s) as permitted by this chapter for a period not to exceed one year. The permit may be renewed for like periods; such permits may be revoked or reissue refused in the event that the bin(s) is found to be in violation.

Conformance of buildings transferred from one zone to another. If any area is hereafter transferred from one zone to another zone by a change in district boundaries, as herein provided, the provisions of this chapter with regard to conforming buildings or premises existing in such transferred area are those existing at the time of passage of such amendment.

§ 245-23 Zoning districts.

Zones. For the purpose of this article and in accordance with N.J.S.A. 40:55D-62, Power to zone, and, in the Pinelands Area, in accordance with N.J.A.C. 7:50-1 et seq., the Township is divided into the following classes of zones within the Coastal Area Facility Review Act (CAFRA) and Pinelands National Reserve Area and within the Pinelands Area of the Township, as follows.

CAFRA Area and Pinelands National Reserve Area Zoning Districts.

[Amended 11-28-2005 by Ord. No. 05-053; 6-14-2010 by Ord. No. 10-012; 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010; 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]

R-A	Rural Agriculture
R-20	Residential 20,000 square feet
R-40	Residential 40,000 square feet
R-15	Residential 15,000 square feet
R-14	Residential 14,000 square feet
R-10	Residential 10,000 square feet
R-10A	Residential 10,000 square feet
RC	Retirement Community
RC-2	Retirement Community - 2
MF	Multifamily
MF-6	Multifamily Overlay
MP	Mobile Home Park
FA-R	Forest Area - Receiving Area
FA-S	Forest Area - Sending Area
OR-LI	Office, Research and Light Industrial
O-P	Office Professional
B-1	Business
HD-3	Highway Development - 3 acres
HD-3A	Highway Development - 3 acres
HD-10	Highway Development - 10 acres
LI	Light Industrial
TC	Town Center

Pinelands Area Zoning Districts.

[Amended 6-14-2010 by Ord. No. 10-012; 9-8-2014 by Ord. No. 14-016; 7-13-2015 by Ord. No. 15-009; 7-10-2017 by Ord. No. 17-008; 11-13-2017 by Ord. No. 17-025]

PPA	Pinelands Preservation Area
PFA-R	Pinelands Forest Area - Receiving
PFA-S	Pinelands Forest Area - Sending
PRA	Pinelands Rural Agriculture
PR-40	Pinelands Single-Family Residential
PR-15	Pinelands Residential - 15,000 square feet
PB-1	Pinelands Business
POR-LI	Pinelands Office, Research and Light Industrial
BVR-40	Beckerville Village Single-Family Residential
WTRA	Whiting Town Rural Agricultural
WTR-40	Whiting Town Residential - 40,000 square feet
WTRC	Whiting Town Retirement Community
WTB-1	Whiting Town Business - 1 acre
WTO-P	Whiting Town - Office Professional
WTHD	Whiting Town - Highway Development
MI	Military Installation
PED	Pinelands Environmental Development
PRC-1	Pinelands Retirement Community
PAF-1	Pinelands Affordable Housing Zone

§ 245-24 Zoning Map and zone boundaries.

Zoning Map.[1] The boundaries of the zones established herein are shown upon the map accompanying this chapter, made a part thereof, and entitled "Zoning Map, Township of Manchester." The Zoning Map is comprised of zoning districts which are referred to as: CAFRA and Pinelands National Reserve Area; and Pinelands Area. Descriptions of the zoning districts are presented separately for each geographic area. The Zoning Map is based upon this chapter adopted by Ordinance 97-008 on May 22, 1997, and amendments thereto as follows:

	Ordinance No.	Adoption Date
	97-008	May 22, 1997
	97-038	January 26, 1998
	99-001	February 22, 1999
	00-019	August 14, 2000
	00-037	October 23, 2000
	00-044	January 22, 2001
	04-032	October 25, 2004
	05-017	May 9, 2005
	05-023	May 9, 2005
	05-025	May 23, 2005
	05-050	October 24, 2005
	05-053	November 28, 2005
	07-018	May 29, 2007
	10-006	February 22, 2010
	11-025	December 12, 2011
	14-015	September 8, 2014
	14-016	September 8, 2014
	15-009	July 13, 2015
	15-010	July 13, 2015
	16-036	December 12, 2016
	17-002	February 13, 2017
	17-008	July 10, 2017
	17-024	November 13, 2017
	17-025	November 13, 2017
	18-035	December 10, 2018
	23-09	June 26, 2023

Editor's Note: The Zoning Map is included as Appendix 8, an attachment to this chapter. In addition, the Zoning Map is on file in the Township Clerk's office, and large-scale zoning maps are available for purchase.

Zone boundaries. Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:

Zone boundary lines are intended to follow the center line of the streets, railroads, rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter or amendments thereto, unless such zone boundary lines are fixed by dimensions shown on the Zoning Map.

Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than 50 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.

§ 245-25 General regulations.

The following general regulations shall be applicable in the CAFRA and Pinelands National Reserve Area and the Pinelands Area; provided, however, that within the Pinelands Area, minimum standards and exceptions established pursuant to N.J.A.C. 7:50-1 et seq. in § 245-31B shall be applicable.

Application of regulations to structures, yards and open space. No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses for each zone by this chapter and meeting the requirements as set forth by the Schedules A through D included herein and constituting a part of Article IV, Zoning, of this chapter. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated in said schedules and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.

Frontage required on an improved street. Every principal building shall be built upon a lot with frontage upon an improved street.

Off-street parking required. Off-street parking space shall be provided as specified in § 245-28A, Off-street parking spaces. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner.

Accessory building attached to main building. An accessory building attached to the principal building shall comply in all respects with the requirements for principal buildings of this chapter.

Corner lots. Each corner lot shall provide the minimum front yard setback requirements for the respective zone for both intersecting streets that provide frontage to the lot. Rear yard shall be designated as those yards which provide access to the rear of the principle structure, opposite the front entranceway, and shall provide the minimum rear yard setback requirements for the respective zone. Any other yard or yards shall be considered side yards and provide the minimum conforming side yard setback requirements for the respective zone.

[Amended 3-25-2002 by Ord. No. 02-005]

Yard requirements. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building.

Recycling areas in new multifamily dwellings.

There shall be included in any new multifamily dwelling developments 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 Township Recycling Coordinator, and shall be consistent with the Township Recycling Plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Township Master Plan adopted pursuant to N.J.S.A. 13:1E-99.16.

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. Pedestrian walkways shall be provided from all multifamily dwellings to any exterior recycling area in conformance with Americans with Disabilities Law accessibility standards.

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 vehicles 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 shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Outside display or sale of goods. Business structures or similar uses shall not display or maintain goods for sale outside of the structure, except as otherwise provided in this chapter.

Height limitation exceptions.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes not suitable for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above the roof level or to noncommercial radio and television antennas, except where, in the opinion of the Zoning Board, such may be deemed to interfere with aerial navigation or constitute a fire hazard.

Such features, however, shall not exceed in total coverage 15% of the total roof area and shall not exceed a reasonable height to be determined upon reference of all such cases to the Zoning Board by the Zoning Officer.

Public utility distribution and transmission facilities. Nothing in this chapter shall preclude the construction, operation and maintenance of public utility distribution and transmission or collection systems. Such distribution and transmission or collection systems may include systems of poles, wires, underground pipes, conduits, appurtenances for the transmission and/or distribution of the commodity or service pertaining to the public utility. Buildings or structures permitted by this subsection shall be necessary and accessory to the distribution and transmission or collection systems and shall be aesthetically compatible as much as possible with the uses permitted in the zone where said building or structure is located.

Illumination of buildings. Buildings and areas may be illuminated; however, the actual source of illumination shall be shielded from public view so that no direct glare is visible from a public right-of-way or from adjacent properties in accordance with § 245-86, Streetlighting.

Junkyards prohibited. Junkyards as defined in this chapter shall be prohibited in all zones.

Motor vehicle storage and display of sales items on residential lots.

No unregistered or other motor vehicle which is inoperable, except temporarily while undergoing minor repair by its owner, shall be stored in any residential lot in any zone.

A homeowner or tenant may place one motor vehicle for sale on or at a property where said homeowner or tenant resides and where said vehicle is currently registered and owned by that homeowner or tenant. The vehicle must be legally parked pursuant to all state and local regulations and may have no more than two FOR SALE signs no larger than 18 inches by 12 inches. The telephone number of the homeowner or tenant must be conspicuously displayed on the FOR SALE sign.

[Amended 2-8-2010 by Ord. No. 10-004]

Storage prohibited in the open, in trailers or in vehicles. Other than permitted storage yards in the industrial zones, accessory storage in conjunction with building supply, house and garden centers, outdoor display and storage of motor vehicles in car lots, no material whatsoever shall be permitted to be stored in the open, in trailers or other vehicles whether registered or unregistered, operable or inoperable, temporarily or permanently for more than 30 days.

[Amended 6-12-2006 by Ord. No. 06-017]

Temporary uses.

[Amended 5-24-2021 by Ord. No. 21-19]

The use of trailers for offices as temporary quarters for the purpose of conducting business until completion of the permanent structure and storage structures for temporary storage at construction and/or residential sites shall be permitted subject to the obtaining of a temporary zoning permit.

Temporary charitable bin(s) registered as a bona fide charitable organization with the IRS as a 501(c)(3) shall be permitted without application to the Township Planning Board provided that:

Written consent by way of a notarized letter of approval from the landowner is obtained.

The total number of bins will not cause a decrease in the parking space requirement of the site or cause a hazardous condition.

Total bin placement will not exceed a maximum of three striped parking spaces on the site.

The utilized parking spaces shall consist only of underutilized spaces at a rear setback and not encroach onto any handicapped space(s). In the event that the placement of the bin results in a loss of parking spaces which is less than what was previously approved or allowed, a minor site plan application will be required in order to obtain approval to place the bin on the site.

The charitable bin(s) shall be clearly labeled with the charity owner's name, address, and telephone number for twenty-four-hour emergency contact. This label shall not be less than one square foot or exceed two square feet.

Bins shall be maintained from overflow, exterior litter, graffiti, postings, filth, and free from damage.

Bins shall not be painted in bold colors, patterns, or used for advertisement purposes.

Improper bin maintenance shall be subject to enforcement (as provided in Chapter 1, Article III, Maximum Penalty), permit revocations, and possible removal and/or seizure at the bin owners' expense.

Nonpermitted bins shall be subject to enforcement within 30 days of notice, removal at the owners expense or seizure.

Violations of the provisions of this section shall be punishable as provided in Chapter 1, Article II, General Penalty.

All charitable bins in existence prior to 20 calendar days after adoption of this subsection on second and final reading shall submit a zoning application.

The Zoning Officer shall not grant an application for a permit to place, use, or employ a donation clothing bin if he determines that the placement of the bin is either in the front yard setback or could constitute a safety hazard. Such hazards shall include, but are not limited to, the placement of a donation clothing bin in parking spaces, in any area that interferes with pedestrian or vehicular traffic, or any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

The fee for such application for the permit shall be $25.

Whenever it appears to the Zoning Officer or his designee that an organization or a person has engaged in or is engaging in any act or practice in violation of this chapter, the organization or person who placed the bin shall be issued a warning, stating at if the violation is not rectified within 30 days, then the bin and any clothing or other donations collected via the bin will be sold at public auction. In addition to any other means used to notify the person who placed the bin, a warning shall be affixed to the exterior of the bin itself.

In the event that the person who placed the bin does not rectify the violation or request a hearing within 30 days of the posting of the warning, the Township may seize the bin, remove it or have it removed, at the expense of the person who placed the bin, and sell it at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Township.

Temporary use of trailers for scientific or experimental purposes. The use of trailers for scientific or experimental purposes operated by the State of New Jersey, its institutions and agencies, the Township of Manchester, or the County of Ocean is permitted on a temporary basis.

Conditional uses. In the case of conditional uses, the terms of the conditional use regulations contained in Article VIII, Conditional Use Permits, Procedures and Requirements, shall apply.

Churches and/or places of worship: minimum four acres required. Notwithstanding any other provision, churches and/or places of worship may be permitted on lots not less than four acres in size. The front yard setback shall be equal to the greater of the front setback of the zone where the site is located or 50 feet. The site shall be located on a state, county, or major collector road.

[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]

Poultry, farm animals and wildlife: limitations and requirements.

[Amended 2-22-2010 by Ord. No. 10-006]

It shall be unlawful to maintain in any residential zone or planned retirement community any poultry, pigeons, farm animal, such as, but not limited to, horses, cows, pigs, ducks, and rabbits or other wildlife; or any building or accessory building, as defined, to house or shelter any poultry, pigeons, farm animals, such as, but not limited to, horses, cows, pigs, ducks and rabbits or other wildlife except as hereafter provided in Subsection S(2) below. The term poultry, farm animal or other wildlife shall not include domesticated household pets of four or less in number maintained on a residential lot and accessory to a residential use.

Farm animals shall be permitted within the PPA, PFA-S, PFA-R, FA-S, FA-R, WTRA, R-A, R-40 and BVR-40 Zones, provided as follows:

Pigs and hogs shall be prohibited in all zones.

Small farm animals such as poultry, pigeons, goats, and sheep shall be permitted on lots of not less than two acres and further provided that all pens, coops, barns and shelter buildings shall be a minimum of 50 feet from any adjoining property line.

Large farm animals, including horses, cows, llamas, ostriches, emus and similar types of animals shall be permitted on lots of not less than five acres; provided, however, that there shall be a minimum of three acres for the first horse, cow or other large animal and a minimum of one additional acre for each additional horse or cow. All pens, coops, barns and shelter buildings shall be a minimum of 50 feet from any adjoining residential property line and a minimum of 100 feet from any adjoining residential structure.

This chapter shall not abrogate the responsibilities of compliance with state or county regulations dealing with the maintenance of animals.

Nonconforming structures and uses in existence as of March 4, 1961. Any single-family dwelling unit which was existing as of March 4, 1961, and conformed to the requirements of the Zoning Ordinance adopted March 4, 1961, and any single-family dwelling unit which was built subsequent to March 4, 1961, and which was conforming to the ordinances in effect at the time of construction of such dwelling unit, may be continued upon the lot so occupied and such structure may be restored or repaired in the event of partial destruction. Furthermore, additions or accessory structures may be built upon a lot where such single-family dwelling unit exists without the necessity of obtaining a variance, provided that the addition or accessory structure meets the setback requirements in effect at the time of application for a building permit for said construction.

Nonconforming lots created by governmental action. Whenever a nonconformity is created by or exists solely by reason of the exercise of a governmental right of eminent domain to a lot that was conforming or would have been conforming prior to the date of the exercise of eminent domain, no bulk variance(s), i.e., lot area, side yard setback, front yard setback, etc., shall be required to use the property as though it were conforming in that respect. The "exercise of governmental right of eminent domain," for purposes of this subsection, shall be evidenced by the filing of an eminent domain complaint by a governmental entity in a court of competent jurisdiction, which complaint shall set forth the taking of property which results in the nonconformity from which relief is sought. In the absence of the filing of such a complaint or if the eminent domain proceeding was subsequently abandoned by the governmental entity, there shall exist a presumption that the nonconformity was not created by or exists solely by reason of the exercise of a governmental right of eminent domain unless the governmental entity has properly authorized and executed a written instrument recorded in the Ocean County Clerk's Office within 30 days of its execution, evidencing the fact that a particular conveyance of property was made to it, or to a third party at its request, which conveyance results in the conformity from which relief is sought.

[Amended 8-14-2000 by Ord. No. 00-019]

Eating places and eating places (with liquor license). The following requirements shall apply to eating places and eating places (with liquor license). Eating places and eating places (with liquor license) may be freestanding facilities or facilities within shopping plazas, shopping centers and neighborhood shopping centers as follows:

[Added 11-13-2017 by Ord. No. 17-024]

Eating places shall be limited to the following facilities: cafes, cafeterias, coffee shops, diners, grills, luncheonettes, pizza parlors, pizzerias, restaurants, sandwich shops, cocktail lounges, and taverns.

Drive-up windows shall be permitted for freestanding eating places and eating places located at the end of attached commercial structures, such as shopping plazas, shopping centers, and neighborhood shopping centers. These eating places shall have vehicle access on at least three sides inclusive of the front entrance and rear loading.

The following uses shall be prohibited with the exception of medically related cannabis distribution: all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 11-8-2021 by Ord. No. 21-40]

§ 245-26 Performance standards.

General intent. As a condition to conducting of any building process, installation, production, or other use in any residential, commercial or industrial zone, the applicant shall supply evidence satisfactory to the approving agency or its designated representative that the proposed use will conform fully with all of the standards stated herein. As evidence of compliance, the approving agency may require certificates of tests by appropriate governmental agencies or by recognized testing laboratories; any cost thereof shall be borne by the applicant. The approving agency may require that specific devices be installed and that operating procedures be followed if government agencies or testing laboratories determine that the use requires such in order to assure compliance with performance standards.

Smoke control. No person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution. The New Jersey Air Pollution Control Code, Chapters 1 through 13, inclusive, administered by the New Jersey Department of Health, shall apply as lawfully adopted regulations.

(Reserved)[1]

Editor's Note: Former Subsection B(1), regarding the prohibition of certain cannabis-related uses, added 6-28-2021 by Ord. No. 21-21, was repealed 11-8-2021 by Ord. No. 21-40.

Control of dust and dirt, fly ash and fumes, vapor and gases. No person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution. The New Jersey Air Pollution Control Code, Chapters 1 through 13, inclusive, administered by the New Jersey Department of Health, shall apply as lawfully adopted regulations.

Control of noise. As controlled by Chapter 275, Article I, Noise Control.

Control of odors. Odors shall be regulated and controlled by the Ocean County Odors Health Department.

Control of glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely unnoticeable from any point beyond the property of the creator of such disturbance.

Control of radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous or harmful radioactivity. There shall be no disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.

Fire and explosive hazard. The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning and the storage or utilization of materials or products ranging from free or active burning as determined by the Bureau of Inspections is permitted subject to compliance with all other performance standards, provided that any and all materials, goods, products and liquids shall receive protection and be stored in such fashion as to be in conformity with standards prescribed by the National Fire Protection Association and requirements of applicable laws and ordinances.

Outdoor storage and waste disposal.

All outdoor storage facilities shall be enclosed by a fence to conceal the facilities from any adjacent properties.

Materials or wastes shall not be deposited upon a lot in such a form and manner that may cause the substance to be transferred off the lot by natural causes or forces.

All materials or wastes which might cause fumes or dust which constitute a fire hazard, or attract rodent or insects shall be stored outdoors in closed containers.

Sewerage and industrial waste discharge. No use shall be conducted in such a way as to discharge any sewerage or industrial waste except as shall be approved by the County Health Officer and/or the Manchester Township Utilities Department.

Provisions and use of water. All water requirements shall be stated in the application. Supply of water shall comply with the Manchester Township Utilities Department and all state and federal requirements regulating use and supply of water.

§ 245-27 Sign regulations: permitted uses.

Rural Agricultural (RA) Zone and Residential (R-40, R-15, R-14, R-10, and R-10A) Zones.

[Amended 6-28-2010 by Ord. No. 10-013; 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010]

A decorative sign showing the name and/or address of house or family, no larger than two square feet in area.

Signs may be illuminated; however, the actual source of illumination shall be shielded from public view, with the exception of neon signs. Nonstreaming LED-lighted informational signs will be allowed on the site pylon sign. There shall be a time delay of not less than six nor more than eight seconds between any form of messages.

Official signs of the federal government, the State of New Jersey, the County of Ocean and the Township of Manchester.

Signs identifying and announcing events of houses of worship, schools, hospitals, parks, playgrounds, public utility installations and other permitted institutions shall not exceed 36 square feet in area for each side.

Identification signs for farms shall not exceed a total of 10 square feet in area for each side; two such signs may be permitted.

A sign identifying a permitted home occupation or a professional office in the home. The sign area shall not exceed two square feet.

Signs identifying and advertising a development approved by the Township. Total area per each sign shall not exceed 36 square feet each. Two such signs may be permitted.

Permanent identification signs, signs identifying subdivisions, PRC or multifamily developments shall be approved with the subdivision on a case-by-case basis.

Business (B-1) Zones.

Those signs permitted in the Rural Agricultural Zone (RA) for those uses permitted in both zones.

Signs identifying a permitted business use are subject to the limitations of Subsection E, General sign regulations, and to the following:

A wall sign shall not exceed 40% of its signable area or 60 square feet, whichever is less.

A ground sign shall not exceed 60 square feet in area.

Directional signs may be permitted on the premises; however, no such sign shall exceed six square feet.

Highway Development (HD-3, HD-3A and HD-10).

For commercial uses, those signs permitted in the business zones.

Signs identifying a permitted business or industrial use are subject to the limitations of Subsection E, General sign regulations, and to the following:

A wall sign shall not exceed 40% of its signable area or 60 square feet, whichever is less.

A ground sign shall not exceed 100 square feet in area.

Industrial and Office-Professional (LI, OR-LI and O-P) Zones.

Signs identifying a permitted use are subject to the limitations of Subsection E, General sign regulations, and to the following:

A wall sign shall not exceed 20% of its signable area or 60 square feet, whichever is less.

A ground sign shall not exceed 30 square feet in area or six feet in height.

Traffic control signs. Signs controlling ingress and egress, as well as signs directing traffic on interior roads, or in parking areas, shall be regulated in number and location by the approving agency site plan approval.

Temporary signs. One temporary sign pertaining to the lease or sale of the same lot or construction of the building on which it is placed. Such signs shall be nonflashing, shall be situated within the property lines of the premises to which it relates, shall not exceed eight square feet in total area, and shall be promptly removed when said lease, sale or construction shall have been completed or discontinued.

General sign regulations.

[Amended 9-25-2000 by Ord. No. 00-024]

No sign with any lighting or control mechanism which may cause radio or television interference shall be permitted nor shall any sign cause any glare off the premises.

Signs may be illuminated; however, the actual source of illumination shall be shielded from public view, with the exception of neon signs. However, flashing, blinking or intermittent variations in the illumination of a sign shall not be permitted.

No sign shall overhang a public right-of-way or passageway used by the public, nor extend more than 24 inches from the face of any building.

All signs shall require a permit, except those that are exempted.

[Amended 6-14-2010 by Ord. No. 10-012]

The setback for all ground signs requiring permits shall be at least 1/2 the required setback or front yard depth as required for the principal building. Setbacks for signs along Route 70 where the right-of-way is greater than 50 feet in depth from the edge of pavement shall be determined by the approval agency in a manner which will provide a setback suitable for the site in terms of setback from the edge of pavement and sight triangle clearance.

No sign not erected for the purpose of protecting the public health and safety shall simulate any official, directional or warning signs erected or maintained by a federal, state, county or local government, public utility or public agency.

The limitations on signs as set forth for this article shall not apply to any sign or directional device erected by the federal, state, county or Township government, or any agency thereof, nor to any "no trespassing signs" erected in accordance with the applicable statutes of the State of New Jersey.

Billboards prohibited. No commercial or other billboards shall be permitted in any zone.

Pennants, flags, posters, pinwheels and other attention-attracting forms of advertising shall not be permitted.

Roof signs prohibited. All roof signs are prohibited.

Animated or moving signs. No animated or moving signs shall be permitted except for the required movement of time and temperature displays.

Exempt signs. The following signs shall be exempt from the requirement of obtaining a sign construction permit:

Governmental signs erected or authorized by a governmental unit.

Nameplate signs, provided that such signs are limited to no more than one wall or ground sign per occupancy; are not more than 75 square inches in area; are nonilluminated or externally illuminated; and, if a ground sign, are not more than three feet in height.

Flags and emblems of a government or of a political, civic, philanthropic, educational or religious organization.

Private sale and event signs, provided that such signs are no more than six square feet in area; are located entirely on the premises where such sale or event is to be conducted or on other private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 36 hours in advance of such sale or 45 days in advance of such event; and are removed on the day following the conclusion of such sale or event. No more than four signs may be placed on any business property nor more than one on any residential property.

Traffic signs and signals. Temporary or permanent traffic signs and signals installed or authorized by the Township, county, or state for the purpose of directing and regulating the flow of traffic.

Public transportation signs. Signs indicating public transportation stops when installed or authorized by the Township or a public transportation authority or agency.

Vacated property signs, provided that only one such sign shall be provided either affixed to a building wall or located within a window; not exceeding six square feet in area; nor displayed for longer than 60 days following vacating the property.

Warning signs, provided that such signs are limited to no more than two wall or ground signs per occupancy; are not more than three square feet in area each; are nonilluminated; and, if a ground sign, are not more than three feet in height.

Nonilluminated window signs visible in windows of business uses abutting a public roadway or parking facility; provided that the total graphic content coverage area of a window sign shall not exceed 20% of the area of the window in which it is exhibited and the aggregate area of all window signs shall not exceed 15% of the total window area of all windows containing any signs; provided, however, that a minimum of 20 square feet of window signs will be permitted regardless of window area covered.

Special events signs provided that there are no more than three placed in any business at any given time and they are nonilluminated and are maintained for a period of no longer than 45 days before the applicable event nor more than three days after such event.

On-site informational signs, provided that each sign is limited to a wall, window or ground sign of not more than two square feet in area and not more than seven feet in height above grade. The sign may include a business name or logo but shall not include any advertising message. In locations where more than one business share a common vehicular access, signs marking entrances and exits shall contain only the name of the shopping or business center. Multiple signs identifying each tenant or use are specifically prohibited.

Signs on machines. Signs which are an integral part of vending machines, including gasoline pumps, milk and ice machines, provided that they do not collectively exceed three square feet in area per machine.

Interior signs. Signs which are located within a building and not within 18 inches of a window visible from a public street or public parking facility.

Political signs. It is required that on nonresidential property, such signs be not more than 12 square feet in area if located in a nonresidential district and not more than six square feet if located in a residential district; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 30 days prior to such election; and are removed within seven days following such election.

Special sales signs meeting the restrictions of this section, displayed not more than three days prior to nor three days after these "sale" days:

Washington's Birthday.

Columbus Day.

Any "sale" day or group of "sale" days designated as such by resolution of the Township Council.

(13)

Nonexempt signs. The following signs are not exempt and require municipal agency approval:

Signs that do not conform, in all respects, to the details and design standards for the particular type.

All signs when requested as part of an application for site plan, subdivision, or conditional use approval before the Planning Board or Board of Adjustment.

(14)

Nonconforming signs. A nonconforming sign shall be made to conform to the sign standards when:

The sign is more than partially destroyed, as determined by the Township Zoning Officer.

The sign has not been used for a period of six months or longer.

The sign is substantially modified.

The sign is relocated on the same or different premises.

The sign is located on premises which are the subject of site plan, subdivision, variance or conditional use approval.

(15)

Number of signs. The number of signs, other than exempt signs, shall be limited as follows:

One ground sign, as defined, is permitted per site on sites of 50 acres or less; two ground signs are permitted on sites of 50.1 to 200 acres; three ground signs are permitted on sites of 200.1 to 300 acres; and four ground signs are permitted on sites greater than 300 acres, subject to the following limitations:

[Amended 11-28-2005 by Ord. No. 05-053[1]]

The principal building on the site is set back at least 50 feet from the street line.

A ground sign exceeding 60 square feet in area shall only be located on a site having a frontage of 500 feet or more on a highway having four or more moving lanes.

A ground sign of more than six square feet shall only be located on a frontage of 100 feet or more.

A ground sign of more than six square feet shall not be located any closer than 100 feet to any other ground sign which is more than six square feet in area.

Ground signs shall not be located nearer than 15 feet to any property line nor within 50 feet of an intersection.

A ground sign more than 60 square feet in area shall not exceed 22 feet in height. A ground sign of 60 square feet or less shall not exceed 18 feet in height.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

One wall sign, as defined, is permitted per site or per business establishment, subject to the following limitations:

Wall signs shall only be located within the signable area of the building, as defined. Applications for wall signs shall identify the signable area.

In a multitenanted building, each business establishment which occupies the space at ground level and fronts upon and has its own exterior public entrance from a street or off-street parking area may have one wall sign in the tenant's signable area.

Where a building is so situated that it fronts upon two or more public roads, one wall sign may be affixed to each wall, provided such additional walls do not front a residential district.

(16)

Sign measurement.

Area to be included. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign if such structure or bracing is not part of the message or sign face and if such structure or bracing is less than 20% of the sign width. Where a sign has two sign faces back to back and parallel to each other, the area of only one face shall be included in determining the area of the sign.

Area of signs with backing. The area of all signs with backing shall be measured by computing the area of the sign backing.

Area of signs without backing. The area of all signs without backing shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures, emblems and other elements of the sign message with a clearance of at least four inches from any such element.

Area of signs with and without backing. The area of all signs formed by a combination of elements with and without backing shall be measured by combining the area of such elements measured in accordance with the foregoing subsections.

Height of signs. Sign height shall be measured between average grade and the highest point of the highest element of the sign.

(17)

Multiple sign faces. No sign may contain more than one sign face, except that two sign faces back to back and parallel to each other (no angle between sign faces, commonly known as a double-faced sign) shall be permitted. No double-faced sign shall be greater than 18 inches in thickness as measured between sign faces.

(18)

Graphic content coverage. The maximum coverage of any sign face by graphic contents shall not exceed 60%.

(19)

Sign program requirements for shopping centers, industrial parks and office parks.

A shopping center, industrial park or office park shall submit a program for signs to the approval agency as part of its submission for preliminary site plan approval. The program for signs shall include signs proposed for display by the activities within these developments.

The program for signs shall include a visual representation of the lettering, illumination, color, area, height, placement and location of the signs proposed for display.

The approval agency may approve a program for signs if the signs visually represented in the program are appropriate to the function and architectural character of the shopping center, industrial park or office park. The approval agency may apply such restrictions on color, size, location, lettering style, illumination and number of signs to the sign program as it deems appropriate to the purpose of encouraging a desirable visual environment and promoting good civic design and arrangements.

Signs displayed by, or by an activity within, a shopping center, industrial park, or office park must comply with an approved program for signs.

The ground sign designating the shopping center, industrial park or office park shall not contain more than 10 items of information. A syllable of a word, an initial, a logo, an abbreviation, a symbol or a geometric shape shall be counted as an item of information, except for the following:

The name of the center or park shall not be counted as more than four items of information.

Letters three inches or less in height do not count as items of information.

(20)

Signs in the Pinelands Area. Signs within the Pinelands Area are regulated by N.J.A.C. 7:50, Pinelands Comprehensive Management Plan, and § 245-27 of this chapter.

§ 245-28 Parking, loading and vehicular access.

Off-street parking spaces.

Off-street parking, unloading and service requirements of this section shall apply and govern in all present and future zoning districts of the Township. Except as provided in this section, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use a plot plan showing the required space reserved for off-street parking, unloading and service purposes. An occupancy permit shall not be given unless the required off-street parking, unloading and service facilities have been provided in accordance with those shown on the approved plan.

No land shall be used or occupied, no structure shall be designed, created, altered, used or occupied, and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this chapter; provided, however, that any use in operation on the effective date of these regulations is not affected by the provisions of this section until such time as the existing gross floor area is increased.

Number of spaces. Off-street parking spaces shall be provided as set forth in the Off-Street Parking Requirements Chart.

Off-Street Parking Requirements
Use		Spaces
One-, two-, three-, four-family dwellings [Amended 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010]		Per requirements of N.J.A.C. 5:21, New Jersey Residential Site Improvement Standards
Multifamily dwelling [Amended 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010]		Per requirements of N.J.A.C. 5:21, New Jersey Residential Site Improvement Standards
Rooming and boardinghouses		1 per dwelling unit plus 1 for every employee
Hotels and motels		1 per rented unit plus 1 for each employee and 5 additional spaces
Banks		1 per 150 square feet of floor area
Retail and service stores, business		1 per 200 square feet of floor area professional offices, except as otherwise specified
Barber and beauty shops		1 per barber or beauty chair and 1 per employee
Retail furniture and appliance		1 per 400 square feet of store floor area
Stores:
	Supermarkets	1 per 160 square feet of floor area
	Convenience store	2 per 160 square feet of floor area
Freestanding eating places [Amended 5-29-2007 by Ord. No. 07-019]		1 for every 4 customer seats, 1 for every employee and 1 for every linear foot of bar
Eating places in shopping plazas, shopping centers and neighborhood shopping centers [Amended 5-29-2007 by Ord. No. 07-019]		1 for every 6 customer seats, 1 for every employee and 1 for every 2 linear feet of bar
Laundromats		1 per 2 washing machines
Motor vehicle sales and service		1 per 200 square feet of floor area
Bowling alleys		4 per alley
Auditoriums, places of worship, theaters, stadiums		1 per four seats
Community centers, union halls, and similar places of assembly		1 per every 4 persons who may legally be admitted
Mortuaries and funeral homes		1 per 50 square feet of floor area (excluding storage, preparation and office space)
Hospitals, nursing homes and similar institutional uses		1 per 4 beds and every 2 employees and staff on the maximum shift
Industrial or manufacturing		1 per 1 1/2 employees on maximum shift
Swim clubs		1 per person of the pool capacity divided by 2
Other		Number of spaces as specified by the Manchester Township approving agency

Size of parking space.

[Amended 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010]

Residential uses. Each parking space shall conform with the requirements of N.J.A.C. 5:21, New Jersey Residential Site Improvement Standards.

Nonresidential uses. Each parking space shall not be less than 10 feet in width and 20 feet in length.

ADA parking spaces. Parking spaces for the physically handicapped shall comply with the requirements of the Federal Americans with Disabilities Act. The parking spaces shall be no less than 12 feet in width nor 20 feet in depth. Striping and signage of handicapped spaces shall conform to the handicapped parking and signage detail provided herein.

Parking areas. Parking, loading and access areas shall be located as follows:

Off-street parking spaces to be provided as specified above shall be provided with necessary parking aisles and driveways. All such spaces shall be deemed to be required spaces on the lot on which the principal use is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced in accordance with § 245-81N, clearly marked for car spaces, and shall be adequately curbed and drained in accordance with § 245-81O. No curbing shall be required in residential driveways.

Except as otherwise provided by the zoning district, parking facilities may be located in any yard space, but shall not be closer than 20 feet from any street right-of-way line or any easement dedicated for roadway purposes and shall not be closer to a rear property line than 10 feet or a distance equal to 1/2 of the required rear yard depth, whichever is greater, and shall not be closer to a side property line than 10 feet or 1/4 of the minimum side yard, whichever is greater, except as further restricted in the provisions below.

No parking areas in any business zone may be located within 25 feet of a residential zone boundary. This provision shall not be construed to permit an infringement on any required buffer area.

Parking areas in industrial zones shall be located at least 40 feet from a boundary of a residential zone.

A garage parking space may be included in the calculation for number of spaces provided.

Parking areas and driveways thereto required for commercial or industrial uses shall be adequately illuminated during operating hours which occur after sunset. Any adjacent residential zones shall be shielded from the glare of said illumination and that of automobile headlights.

Loading areas.

For every building, structure or group of buildings or structures constituting a coordinated development having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and a minimum vertical clearance of 14 feet. Buildings or groups of building that contain in excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the municipal agency during site plan review.

All commercial truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and products in other than a public street or public parking area, and shall be located separately from such area.

Each industrial use shall provide truck loading or unloading facilities on the same lot and in other than the required front yard area so as to permit the transfer of goods in other than a public street.

Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.

Handicapped parking and passenger loading requirements.

[Amended 2-22-1999 by Ord. No. 99-001; 2-28-2005 by Ord. No. 05-002]

Accessible parking spaces. In accordance with the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities (ADAAG), every parking lot or parking garage shall have at least the number of accessible parking spaces for the handicapped as set forth below:

	ADAAG Accessible Parking Spaces
	Total Parking Spaces in Lot	Required Number of Accessible Spaces
	1 to 10	1
	11 to 25	2
	26 to 50	3
	51 to 75	4
	76 to 100	5
	101 to 150	6
	151 to 200	7
	201 to 300	8
	301 to 400	9
	401 to 500	10
	501 to 1,000	2% of total plus 1
	1,001 and over	20 plus 1 for each 100 over 1,000

Medical care facilities. At facilities providing medical care and other services for persons with mobility impairments, parking spaces for the handicapped shall be provided in accordance with the table in Subsection F(1) above except as follows:

Outpatient units and facilities: 10% of the total number of parking spaces provided serving each such outpatient unit or facility;

Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving each such unit or facility.

Valet parking. Valet parking facilities shall provide a passenger loading zone in compliance with ADAAG located on an accessible route to the entrance of the facility.

Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

Parking spaces. Accessible parking spaces shall be at least 96 inches (2,440 mm) wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with ADAAG for an accessible route. Two accessible parking spaces may share a common access aisle (see ADAAG Figure 9). Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility in accordance with ADAAG. Spaces complying with Subsection F(1) above shall have an additional sign "Van-Accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.


A. Proportions International Symbol of Accessibility International Symbol of Accessibility Proportions on a Grid Background


B. Display Conditions International Symbol of Accessibility International Symbol of Accessibility Display Conditions*

The symbol contrast shall be light on dark, or dark on light.

Vertical clearance. Provide minimum vertical clearance of 114 inches (2,895 mm) at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with ADAAG requirements, provide a minimum vertical clearance of 98 inches (2,490 mm) at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).

Passenger loading zones. Passenger loading zones shall provide an access aisle at least 60 inches (1,525 mm) wide and 20 feet (240 inches) (6,100 mm) long adjacent and parallel to the vehicle pull-up space (see ADAAG Figure 10). If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with the ADAAG shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Passenger loading zones required to be accessible by the ADA shall comply with requirements of the ADAAG.

ADAAG Figure 9 Dimensions of Accessible Parking Spaces [Amended 2-28-2005 by Ord. No. 05-002]

The access aisle shall be a minimum of 60 inches (1,525 mm) wide for cars or a minimum of 96 inches (2,440 mm) wide for vans. The accessible route connected to the access aisle at the front of the parking spaces shall be a minimum of 36 inches (915 mm).

ADAAG Figure 10 Access Aisle at Passenger Loading Zones [Amended 2-28-2005 by Ord. No. 05-002]

An access aisle is required at a passenger loading zone which is 240 inches (6,100 mm) minimum, measured parallel to the vehicle pull-up area, and 60 inches (1,525 mm) minimum, measure perpendicular to the vehicle area. This aisle must be clear of obstructions and at the same level as the vehicle area.

Access management. All entrance and exit driveways to public streets shall be located to afford maximum safety to traffic on the public streets. Each off-street parking, loading or service area shall be connected to a public street right-of-way by a driveway constructed in accordance with the minimum standards prescribed by the Township Engineer. Within commercial areas, cross-connections and cross-easements among properties should be provided to allow for ease of vehicles and pedestrian areas.

Whenever possible, any exit driveway or driveway land shall be so designed with regard to profile, grading and location to permit the following recommended site distance measured in each direction along the public street. The measurement shall be from the existing driveway immediately outside of the right-of-way line.

	Allowable Speed on Public Street (miles per hour)	Required Site Distance (feet)
	25	150
	30	200
	35	250
	40	300
	45	400
	50	475

A driveway exclusive of curb return radii shall not be less than 12 feet nor more than 36 feet in width.

The number of driveways provided from a site directly to any one municipal street shall be recommended as follows:

	Length of Site Frontage (feet)	Recommended Number of Driveways
	100 or less	1
	101 to 800	2
	Over 800	To be specified by the Township of Manchester Planning Board upon receipt of advice of the Township Engineer

No part of any driveway may be located within five feet of a side property line for single- and/or two-family dwellings and within 20 feet of a side property line for other uses; however, upon application to the municipal agency and approval of the design by the Board Engineer, the Board may permit a driveway serving two or more adjacent sites to be located on or within 10 feet of a side property line between the adjacent sites.

Driveway angle, one-way operation. Driveways used by vehicles in a one-way direction of travel (right-turn only) shall not form angles smaller than 45° with the public street, unless acceleration and deceleration lanes are provided.

Driveway angle, two-way operation. Driveways used for two-way operation will intersect the public street at any angle as near 90° as site conditions will permit, and in no case shall it be less than 60°.

Parking areas for 25 or more cars and access drives for all parking areas on arterial highways provide curbed return radii of not less than 15 feet for all right-turn movements and left-turn access from one-way streets and concrete aprons on entrance and exit drives.

Parking areas for less than 25 cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.

Maximum curb depression width for single- and two-family dwellings shall be the driveway width plus four feet, but not more than 25 feet.

For all other uses, the maximum curb depression shall be the driveway width plus 10 feet, but not more than 35 feet.

All concrete should be constructed as provided by the appropriate section of this chapter.

Where a driveway connecting to a public street serves traffic from parking areas of a major traffic generator, acceleration and/or deceleration lane may be required.

No driveways shall be located within 200 feet of the intersection of two public streets, nor within 100 feet of an existing driveway or private street.

Electric vehicle supply/service equipment.

[Added 6-13-2022 by Ord. No. 22-15]

Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

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

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating-current or, consistent with fast-charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Approvals and permits.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection H(4) below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection H(3)(a) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Administrative Officer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of the Township of Manchester's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Administrative Officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

An application pursuant to Subsection H(3)(e) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Administrative Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

Multiple dwellings with five or more units.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

Parking lots or garages.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection H(4)(a) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 245-28B.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection H(4) above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation.

Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE parking.

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to the same fines as those identified in Chapter 7, Article II, Parking, of this Code for unlawful parking in handicapped parking spaces. Signage indicating the penalties for violations shall comply with Subsection H(6)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

Private parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection H(6)(e) below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Manchester's ordinances and regulations.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection H(6)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Manchester shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection H(6)(e)[2] above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

Hours of operation and/or time limits, if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage fees.

For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by a resolution adopted by the governing body.

This fee may be amended by a resolution adopted by the governing body.

Private EVSE. Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 245-29 Landscaping and buffer requirements for nonresidential zones.

Total landscaped and natural vegetation area. Total landscaped and/or green area shall be a minimum of 30% of total lot area for the B-1, H-D, PB-1, POR-LI, PH-D, and WTO-P and permitted nonresidential development in the R-A, PR-A and WTR-A Zones. For development in the PB-1, POR-LI and PH-D and permitted nonresidential development in the R-A, PR-A and WTR-A Zones, the standards of § 245-32 of this chapter shall also apply.

[Amended 6-14-2016 by Ord. No. 10-012]

Buffer area requirements.

Wherever the property line of an occupied lot in the above zones abuts a residential zone, a buffer area shall be established in accordance with the requirements below. Whenever existing vegetation of sufficient density and viability exists, as determined by the Planning Board Engineer, the buffer area requirements can be supplemented with new infill plantings. In residential zones, the required buffer shall only apply to nonresidential uses.

[Amended 6-14-2016 by Ord. No. 10-012; 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]

Zone	Buffer Area Requirement (feet)
O-P	50
B-1	50
H-D	50
OR-L	150
R-A	50
PR-A	50
POR-L	150
PH-D	50
PB-1	50
WTR-A	50
WTP-O	50

The area of the buffer area shall be measured from the property line. Within said buffer area, no use, activity or sign shall be established other than the following:

Along lot lines other than street lines within said buffer area, a solid and continuous screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen of at least eight feet in height. Such screen shall consist of a minimum of double row of staggered plant materials planted 10 feet on center and staggered or parallel, serpentine, or broken rows as approved by the municipal agency.

The landscape screen described above shall be located so as not to be closer than 10 feet from a street right-of-way line.

The required height of the landscape screen as required above shall be measured in relation to the elevation of the adjacent parking area. In such cases where the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of an adjacent parking area, the required height of the screen shall be increased in the amount equal to said difference in elevation.

Natural buffer areas are to be augmented by additional planting to meet minimum requirements of buffer areas.

The disturbed buffer area shall be graded and planted with grass, seed, chips or gravel and such other shrubbery or trees in accordance with approved plans. The entire area shall be attractively maintained by the owner and kept clean of all debris and rubbish.

In the event that any of the plantings, in accordance with the above requirements, do not live, they shall be replaced immediately by the owner, or if the season is not appropriate, in their next planting season.

Residential buffers along arterial and collector roads. A landscaped buffer area with a minimum width of 50 feet shall be provided along any single-family residential reverse property line abutting a major collector or arterial roadway. Where buffers are required, yard setbacks shall be measured from the buffer strip limits farthest from the street right-of-way line. Where existing lots are less than 200 feet in depth or width where a buffer is required, a reduction in the required buffer area may be provided at the rate of one foot for each 2.5 feet of lot depth or width; provided, however that the required buffer shall not be less than 25 feet in width. The buffer area shall be protected by a conservation easement.

§ 245-30 Fences, wall, screening, hedges, trees and sight triangles.

Fences in industrial and agricultural zones. In industrial and agricultural zones, fences shall not exceed a height of 10 feet.

Fences in other zones. Ornamental screening type fences and other fences shall not exceed six feet in height in any zone other than industrial and agricultural zones. The six-foot height shall be limited to fencing of side yards from the front building line of the most forward dwelling on the lands to be fenced to the rear property line and along the rear property line. In the event lands to be fenced are not those containing a dwelling at the time of fencing, the fence shall not exceed six feet in height from the front building setback line to the rear property line.

Height of fence in front yard.

[Amended 7-25-2005 by Ord. No. 05-042]

No fence from the building setback line of an existing dwelling to the front property line or along the front property line shall be permitted in excess of four feet in height except on corner lots in the R-10 and R-10A Single-Family Residential Zones as set forth in Subsection C(2).

A fence in excess of four feet and solid but no higher than six feet and solid is permitted in the side yard abutting a street, provided that:

[Amended 8-11-2014 by Ord. No. 14-014]

The fence shall be set back at least a minimum of five feet from the property line; and

The fence shall not encroach on any part of the front yard that abuts the front of the dwelling, i.e., the fence shall not extend beyond the front building setback line; and

The fence shall comply with all other provisions of the ordinance.

Lot line. A "lot line" is a line of record bounding a lot that divides one lot from another lot or from a public or private street to any other public space. It is also known as a "property line." See diagram attached.[1]

[Added 8-11-2014 by Ord. No. 14-014]

Editor's Note: Said diagram is on file in the Township offices.

Height of fence at intersections.

[Amended 2-27-2006 by Ord. No. 06-003]

At the intersection of two or more streets, no hedge, fence or wall shall be higher than 30 inches above the edge of pavement elevation, nor any obstruction to any vision, other than a post or tree not to exceed one square foot in cross section area, shall be permitted within the triangular area, up to a height of seven feet. The sight triangle shall be formed by the corner property line at the intersecting streets and a straight line between two points, one leg being 10 feet from the corner point along the stopped travel lane and the other being measured from the corner point along the leg of the through lane as per the following:

	Speed Limit (mph)	Distance from Property Corner (feet)
	25	90
	30	115
	35	140
	40	160
	45	185
	50	205
	55	230

Any four-way/all-way stop controlled intersections shall measure all stop lanes as indicated above.

Height of living fences. Fencing or screening composed of living plants, hedges or bushes or of evergreen or deciduous living plants or trees shall be permitted in excess of six feet in height to be used as fencing or screening along any property lines, except as outlined in Subsection D above.

Exception for shade trees. The above reference to living plants, however, shall not apply to those trees designated as shade trees that may be planted or growing near the property lines.

Restriction on erection of solid fences. Solid fences shall not be erected between the front setback line and the front property line, if they shall obstruct the vision of the adjoining property owners so as to become a hazard entering or exiting from potential driveways.

Zoning permit required. A zoning permit for the construction of all fences shall be obtained from the Zoning Officer, and no fence shall be erected or constructed without such a permit. A fee shall be charged for such permits in accordance with the Fee Schedule in § 245-12C of this chapter.

Fence permit required; installation regulation. Fences must be installed on the property for which a permit was obtained.

§ 245-31 CAFRA Area and Pinelands National Reserve Area zoning districts and regulations.

General regulations applicable to CAFRA Area and Pinelands National Reserve Area Zoning Districts. The general regulations contained in § 245-32A shall be applicable to zoning districts located within the CAFRA Area and Pinelands National Reserve Areas of the Township.

Schedule A, CAFRA Area and Pinelands National Reserve Area Zoning Districts Schedule, is hereby made a part of this chapter.[1]

Editor's Note: The schedules are included at the end of chapter.

RA Rural Agricultural Zone.

Permitted uses.

Customary agricultural uses, including accessory uses on the same lot with and customarily incidental to the principal use. This may include a roadside stand or building for the sale of farm products conducted solely by the farm operator. Pig or hog farms shall not be permitted.

Single-family houses.

Churches or places of worship on a minimum of a two-acre lot.

Customary home occupations such as dressmaking, millinery, and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building, and that not more than the equivalent of 1/3 if the area of the floor shall be used for such purposes, and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home.

Professional office, in-home. The use of a portion of a dwelling as professional office shall be restricted to the first floor of the building and shall not exceed 25% of the total floor area of the building. Said office shall be used only by a resident of that building. [Subsection C(1)(d) and (e) shall not permit any structural or architectural changes to accommodate said occupation unless changes shall be deemed by the Zoning Board of Adjustment to be customary and normal in a dwelling unit and in character with the surrounding houses, and further, that any additional off-street parking deemed necessary be provided.]

Parks and playgrounds not operated for profit.

Public and private institutions for education not operated for profit.

Institutions; fraternal, benevolent, religious and/or charitable.

Government buildings.

Homes, lodges, hunting lodges, meeting halls, clubs and camps for social and/or service organizations.

Cemeteries.

Incidental to a residence, a shop of a plumber, smith, electrician, carpenter, printer, or similar tradesman and craftsman, provided that all activities take place in not more than one enclosed building of less than 1,000 square feet, that such building, any storage area and any vehicles incidental to the business (which vehicles shall be limited to three in number) shall not be located or parked in any required front yard nor within 100 feet of any residential lot line, that any incidental outdoor storage be limited to 200 square feet and screened so as not to be visible from adjacent properties and streets. This shall not be construed to allow wholesale or retail operations for sale of merchandise.

Golf courses with a minimum of nine holes.

Permitted accessory uses.

Customary farm buildings for the storage of products or equipment or for the processing of farm products which are located on the same parcel as the principal use.

Accessory building or use. As defined in Article II, Terminology, of this chapter.

Conditional uses. The following uses are defined as conditional uses and may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter, which shall govern:

Hospital.

Nursing homes.

Utility installation, except for such facilities as are incidental to and part of the residential or commercial development.

Recreational campgrounds, in accordance with Chapter 118, Campgrounds, and N.J.A.C. 8:22-1 et seq., Public Campgrounds.

Cluster development.

Veterinarian office and animal hospital.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[2] as referenced in Subsection B of this section.

Editor's Note: Said schedule is included in Appendix 6 attached to this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 245-28 of this chapter.

Signs. As per § 245-27 of this chapter.

R-40 Single-Family Residential Zone.

Permitted uses.

Single-family homes.

Churches and places of worship.

Public and private schools not operated for a profit, subject to the regulations of the Rural Agricultural Zone pertaining to these uses.

Parks and playgrounds not operated for a profit.

Governmental buildings for administrative, protection and safety purposes, such as Township offices, first aid or firehouse.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Cluster development. Cluster lot modification is permitted as outlined in Article VIII, § 245-70, Cluster development.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[3] as referenced in Subsection B of this section.

Editor's Note: Said schedule is included in Appendix 6 attached to this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

R-15, R-14, R-10 and R-10A Single Family Residential Zones.

Permitted uses.

Single-family houses.

Churches and places of worship.

Public parks and playgrounds.

Governmental buildings for administrative, protection and safety purposes such as Township offices, first aid or firehouses.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified for these zones in Schedule A, Zoning Districts Schedule, Subsection B of this section.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

Buildings on undersized lots of record in R-10 Zone. Buildings on lots that do not meet the minimum lot area, minimum lot frontage, minimum lot width or improvable lot area requirements of the R-10 Zone as specified in Schedule A, CAFRA Area and Pinelands National Reserve Area Zoning Districts Schedule, are required to meet the following additional requirements:

[Added 6-24-2013 by Ord. No. 13-005]

Shall provide additional site plan information as required in § 245-45C.

Shall be subject to the building height limitations noted below based upon lot width:

	Lot width (in feet)	Maximum building height (in feet)	Maximum building height (in stories)
	90 feet or less	25 feet	1.5 stories
	Greater than 90 feet	35 feet	2.5 stories

Shall meet all other requirements of the R-10 Zone.

(Reserved)[4]

Editor's Note: Former Subsection F, R-14AF and R-15AF Single-Family Residential Zones, was repealed 9-8-2014 by Ord. No. 14-015 and 7-13-2015 by Ord. No. 15-010.

RC Retirement Community.

[Amended 2-22-2010 by Ord. No. 10-006]

Permitted uses. Same as R-40 Zone.

Permitted accessory uses. Same as R-40 Zone.

Conditional uses.

Planned retirement communities per § 245-67.

Senior citizen light care per § 245-73.

Continuing care for the elderly per § 245-75.

Yard, area, and building requirements. As specified for these zones in Schedule A, Zoning Districts Schedule, § 245-31B, of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

RC-2 Retirement Community-2.

[Amended 11-28-2005 by Ord. No. 05-053]

Purpose and intent. Development of a planned retirement community, as defined in Article II, Terminology, § 245-8, Word usage; definitions, within the RC-2 Retirement Community Zone shall be a permitted use providing for an inclusionary development of 2,205 age-restricted market housing units on the designated development area in accordance with the Manchester Settlement for a Builder's Remedy and the order approving the Manchester Settlement in the matter of Hovsons, Inc. v. Township of Manchester, Docket No. OCN-L-4357-93PW. The RC-2 Zone is located on a 995.4 acre portion of Block 75.01, Lot 1, referred to in the Manchester Settlement as the "development area," which development area is within the property commonly referred to as the "Heritage Minerals Tract," together with additional acreage associated with accessways between the development area and NJ Route 70 and NJ Route 37/Colonial Drive. This zone is intended to permit, effectuate and implement the Heritage project as it is described in the Manchester Settlement and the Federal Court Stipulation in the matter of Hovsons, Inc. and Homeland Corporation vs. Bruce Babbitt, Secretary of the United States Department of the Interior, Robert C. Shinn, Jr., Commissioner of the NJDEP and Annette Barbaccia, Executive Director of the New Jersey Pinelands Commission (Civil Action No. 00-3943). The Manchester Settlement provides for an inclusionary development of 2,205 age-restricted market housing units within the development area together with the construction off tract of 68 affordable housing units and a monetary contribution toward affordable housing. In the event of a conflict between this subsection and any other municipal law, regulation or ordinance, the provisions of subsection ordinance shall prevail.

Permitted uses.

Single-family detached dwellings.

Senior citizen recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, shuffleboard courts and picnic grounds. In particular, requirements for the foregoing are more specifically enumerated hereinafter. Recreational and cultural facilities shall not be limited to the foregoing, so that an applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the area, and no advertising shall be permitted.

Commercial and service facilities. The following uses will be permitted, provided that the total square footage does not exceed 20,000 square feet and the standards for B-1 Zone are adhered to:

Professional offices for doctors, dentists, chiropractors, opticians, accountants and attorneys.

Medical clinics and first aid facilities.

Offices for banks, insurance agencies, real estate agencies, financial investment counselors and brokers, and such other similar services.

General merchandise stores, food stores, eating places and similar such facilities.

Barber shops, beauty and hairdresser shops, laundry and dry cleaning and similar such facilities.

Houses of worship. Houses of worship shall be permitted on a minimum lot area of two acres.

Model homes and/or sales office in accordance with N.J.S.A. 40:55D-66 and any retail home decoration and furnishings sale facility operated by the developer of the planned retirement community solely for the use of purchasers of dwelling units therein.

Accessory vehicle storage area. A screened, fenced, unpaved, graveled area for the parking of accessory vehicles not normally utilized for transportation such as recreational vehicles, campers, boats and boat trailers at a location and of such size approved by the approving agency. Such area shall not be used in computing green area.

Maintenance and administration area. A screened area reserved for storage and care of maintenance equipment and administration of the community.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Development standards. No building permits shall be issued or construction commenced within the area except in accordance with a site development plan herein prescribed. Such site development plan shall meet the following requirements:

Minimum area and development area. The minimum area for a PRC in the RC-2 Zone shall be 100 contiguous acres under one ownership or control. The development area shall be 995.4 acres. The areas of access roadways and rights-of-way to and from NJ Route 70 and NJ Route 37/Colonial Drive shall be in addition to the development area.

Density. The permitted density shall be 2.3 dwelling units per gross acre of the development area.

Residential building coverage. Not more than 20% of the development area shall be covered by buildings.

Setbacks. No building or structure shall be located closer than 20 feet from a local street, provided that all driveways fronting on said street shall be 25 feet or more in length.

Distance between residential buildings.

There shall be a minimum distance of 20 feet between single-family residential structures and a minimum separation of 40 feet at the rear of the structures with a minimum of 20 feet of rear yard area for each residential structure. Single-family fee simple residential lots shall have the following minimum setbacks:

Front yard: 20 feet for residential structure and 25 feet for any garage structure.

Side yard: 10 feet.

Rear yard: 20 feet.

The maximum height of any single-family dwelling building in a planned retirement community shall be two stories but not exceed 35 feet in height.

Open space. For the purposes of the RC-2 Zone, "open space" shall be that portion of the development area which is not covered by buildings, a paved street and paved areas, but including the areas of those facilities which are part of the designated open space within the development area not less than 50% of the development area shall be devoted to natural and/or planted vegetation. Open space shall also include wetlands, wetlands transition areas, stormwater management basins, bodies of water, lakes, undeveloped regulated areas, lands serving the clubhouse and active/passive recreation facilities and yard areas in individual building lots not covered by structures or driveways.

Off-street parking. Two spaces for each single-family detached dwelling unit in accordance with the NJ Residential Site Improvement Standards. A parking space is hereby defined as a space of 10 feet by 20 feet, except that a driveway fronting on a street shall be 25 feet in length as measured from the curb face on the street or 22 feet from the street line if the street is a public street. Driveways shall be designed so that parked vehicles do not overhang sidewalks or common pedestrianways.

Roads, culs-de-sac, curbs and sidewalks. Roads, culs-de-sac, driveways and sidewalks shall be designed in accordance with the NJ Residential Site Improvement Standards and, where applicable, with the Americans with Disabilities Act design guidelines.

Buffers. There shall be provided a fifty-foot wide screening strip where nonresidential facilities, including storage areas, abut a residential lot. If the residential and nonresidential uses are separated by a street, no buffer shall be required at that location. No perimeter buffer shall be required along the boundaries of the development area.

Driveways, walks and parking areas. There shall be provided and designed a safe and convenient system of driveways, sidewalks and parking areas in accordance with Americans with Disabilities Act design guidelines.

Cul-de-sac islands. Landscaped islands in the center of culs-de-sac shall be permitted, provided that the islands are designed in accordance with the minimum standards of the residential site improvement standards and their maintenance and upkeep is not the responsibility of the Township.

Roads. Roads in the PRC may be private or public at the election of the developer. In the event the roads are private, then such private roads shall be the responsibility of a homeowners' association. In the event such roads are public, then such public roads shall be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.

Clubhouse and recreation facilities.

Clubhouse. There shall be provided at least one clubhouse or community to serve residents of the PRC. The minimum area of the clubhouse or clubhouses shall be computed on the basis of habitable area equal to 15 square feet for each dwelling unit to be built in the PRC. In computing the interior habitable area, all space reserved for mechanical equipment and storage shall be excluded. The developer shall have the right to construct the clubhouse in stages commensurate with the following: The initial stage of the clubhouse shall consist of the minimum habitable area required for 1/3 of the total dwelling units to be built in the PRC and shall be completed and in operation before the 250th dwelling has been completed and a certificate of occupancy issued therefor. The second 1/3 of the required clubhouse habitable area shall be completed before the 950th dwelling unit has been completed and a certificate of occupancy issued. The final 1/3 of the required clubhouse habitable area shall be completed before the 1,650th dwelling unit has been completed and a certificate of occupancy issued. Said clubhouse or clubhouses shall have an adjoining off-street parking area(s) at a ratio of one parking space for each eight dwelling units utilizing the clubhouse or clubhouses.

Recreation facilities.

There shall be provided recreational facilities consisting of active facilities suitable for and compatible with residents of a retirement community.

For developments of more than 300 persons, active recreation or park space shall be provided at the rate of 2.75 acres per 1,000 population.

Landscaping. All grounds surrounding clubhouse, recreational and administrative facilities shall be attractively landscaped, provided with appropriate walkways and provided with an adequate irrigation system.

(13)

Development schedule. A development schedule shall be required in accordance with Subsection H(12)(a) above and § 245-67H.

(14)

Dedication of land for public use. Land offered for dedication, if any, to Manchester Township shall be in conformance with § 245-67I and applicable statutes.

(15)

Covenants, deed restrictions and homeowner association bylaws. All covenants, deed or other restrictions and homeowner association bylaws and any amendments thereto shall be filed with the Township Clerk.

(16)

Exceptions to provisions of Chapter 245. The following provisions of Chapter 245 shall be applicable as clarified below and only to the extent that same do not restrict, impede and/or conflict with the Manchester Settlement and/or other provisions of this subsection.

Section 245-82A, Site analysis.

Section 245-82B, General design requirements.

Section 245-82C, Architectural and building requirements.

Section 245-82D, Environmental design requirements. The provisions of this section shall not apply to the RC-2 Zone. Environmental studies have been performed, and appropriate analyses and determinations have been made by the NJDEP and the Pinelands Commission, prior to and during the course of the negotiation and entry of the Federal Court Stipulation substantiating that the development area is developable. These studies shall be deemed to address submission checklist requirements contained in Appendix 5. Any and all requirements that Hovsons, Inc. submit an environmental impact statement, environmental impact assessment and any environmental reporting requirements to the Township of Manchester have been satisfied by the environmental studies previously performed for the NJDEP and the Pinelands Commission. Hovsons' environmental obligations, as set forth in the Federal Court Stipulation, shall be enforced exclusively by the NJDEP and the Pinelands Commission.

Section 245-82E, Circulation design requirements.

Section 245-82F, Landscaping design requirements.

Section 245-82G, Open space and recreation requirements.

Amount of common open space required.

Circulation plan. The reference to "path system" therein shall mean sidewalks.

Undeveloped common open space.

Deed restrictions.

Common open space ownership. The provisions of § 245-82G(6) shall be applicable, subject to the terms of the Federal Court Stipulation and DEP requirements set forth therein. The open space located within the development area shall be deeded to and owned by a homeowners' association.

Article VII, Variances, § 245-58, Expiration of variance. Any variance granted to the Heritage Project shall have the same protective vesting period as that granted pursuant to a general development plan, preliminary subdivision/site plan and final subdivision/site plan approval.

Article XI, Affordable Housing Regulations, §§ 245-90 through 245-99. Notwithstanding the provisions of this article, the affordable housing obligation for the RC-2 Development Area shall be as set forth in the Manchester Settlement and in the event of any discrepancy or conflict between the provisions of Article XI and COAH regulations, the provisions of the COAH regulations set forth in N.J.A.C. 5:93-1.1 et seq. shall apply. Since Heritage is an inclusionary development, development fees shall not be required.

Steep slopes. Notwithstanding anything to the contrary in this chapter or other Township ordinances and regulations, man-made slopes and grades shall not be considered "steep slopes" within the development area in this zone. Applicant shall have the right to build within any portion of the development area, regardless of steep slopes, by performing appropriate grading and landscaping.

Off-street parking for clubhouse. Notwithstanding requirements for § 245-28B, Number of spaces, the required number of off-street parking for the clubhouse within the RC-2 Zone shall be in accordance with Subsection H(12), Clubhouse and recreation facilities.

Submission procedures. Notwithstanding requirements in § 245-36, Submission procedures, for subdivisions; § 245-46, for site plans; and § 245-12, Applicant's general submission procedures, applications for development in the RC-2 Zone shall be processed in accordance with the Manchester Settlement Agreement with respect to general development plan, subdivisions and site plans approvals.

Shade trees. The provisions of § 245-81H(2) and (3), Shade trees and streetscape planting strips, shall not be applicable to development within the development area. The provisions of § 245-81H shall be applicable to the access road from NJ Route 37/Colonial Drive.

Floor area ratio. Floor area ratios shall not apply to the RC-2 Zone.

(Reserved)[5]

Editor’s Note: Former Subsection I, MF-AF Multifamily Affordable Housing, added 11-28-2015 by Ord. No. 05-053, as amended, was repealed 11-13-2017 by Ord. No. 17-024.

MP Mobile Home Park.

[Amended 2-22-2010 by Ord. No. 10-006]

Permitted uses.

Same as RA Zone.

Mobile home parks in accordance with Chapter 267, Mobile Homes and Trailers.

Permitted accessory uses. Same as R-40 Zone.

Conditional uses. Same as R-40 Zone.

Yard, area, and building requirements. As specified for these zones in Schedule A, Zoning Districts Schedule, § 245-31B, of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

FA-R Forest Area - Receiving Zone.

[Amended 6-14-2010 by Ord. No. 10-012; 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010; 12-10-2018 by Ord. No. 18-035]

Permitted uses. The following uses shall be permitted in the Forest Area - Receiving (FA-R) zone:

All permitted uses as specified in the Forest Area - Sending (FA-S) zone, in accordance with § 245-31L(1).

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Conditional uses. The following uses shall be permitted in the Forest Area - Receiving (FA-R) zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:

All conditional uses as specified in the Forest Area - Sending (FA-S) zone, in accordance with § 245-31L(3).

Detached single-family dwellings on lots of at least one acre in area, provided that:

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land that, when combined with the acreage of the lot to be developed, equals at least 20 acres;

All noncontiguous lands acquired pursuant to Subsection K(3)(a)[1] above, which may or may not be developable, are located within the FA-S zone;

All noncontiguous lands acquired pursuant to Subsection K(3)(a)[1] and [2] above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the municipality or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this Chapter 245;

Tax assessments for the acquired noncontiguous lands are combined and assigned to the lot to be developed; and

The lot to be developed otherwise meets the minimum standards of § 245-32 of this chapter.

Area, yard and building requirements: As set forth in Appendix 6, Zoning Schedule A of this chapter for the FA-R zone. Notwithstanding the minimum lot areas set forth in Schedule A, no such minimum lot area for a nonresidential use in the FA-R zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

FA-S Forest Area - Sending Zone.

[Amended 12-10-2018 by Ord. No. 18-035]

Permitted uses. The following uses shall be permitted in the Forest Area - Sending (FA-S) zone:

Single-family detached residential dwelling units at a gross density of one dwelling unit per 20 acres.

Clustered single-family residential dwelling units. Clustering of single-family dwellings is permitted whenever two or more units are proposed as part of a residential development. The following standards shall apply:

Permitted density shall be one unit per 20 acres;

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection L(1)(b)[1] above. If the development area identified pursuant to Subsection L(1)(b)[3] below is located on contiguous lands in a FA-R zone, a bonus shall be applied as follows:

For parcels under 50 acres in size: zero bonus units.

For parcels between 50 and 99.99 acres in size: 20% bonus.

For parcels between 100 and 149.99 acres: 25% bonus.

For parcels of 150 acres or more in size: 30% bonus.

The residential cluster shall be located on the parcel such that the development area is:

Located proximate to existing roads;

Located proximate to existing developed sites on adjacent or nearby parcels;

Appropriately, or will be appropriately, buffered from adjoining or nearby nonresidential land uses; and

Consistent with the minimum standards of § 245-32, Pinelands Area development.

Development within the residential cluster shall be designed as follows:

Residential lots shall be a minimum of one acre in size within any FA-S zone but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

Lot width and yard requirements shall be consistent with the RA zone as set forth in Appendix 6, Zoning Schedule A of this chapter;

The lots within the cluster development may be served by individual on-site septic wastewater treatment systems that are not intended to reduce the level of nitrate/nitrogen in the waste in accordance with the water quality standards of § 245-32K(2)(d). Two or more residential dwelling units may be served by community on-site wastewater treatment systems in accordance with the standards of § 245-32K(2)(e) or (g);

The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case shall such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Manchester Township or incorporated as part of one of the lots within the cluster development area.

All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Manchester Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 245.

Agriculture.

Forestry, subject to the standards of § 245-32G.

Low-intensity recreational uses, provided that:

The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

The recreational use does not involve the use of motorized vehicles except for necessary transportation.

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

No more than 1% of the parcel will be covered with impermeable surfaces.

Agricultural commercial establishments excluding supermarkets, restaurants, and convenience stores, provided that:

The principal goods or products available for sale were produced in the Pinelands.

The sales area of the establishment does not exceed 5,000 square feet.

Fish and wildlife management areas and wetlands management.

Expansion of intensive recreational uses, provided that:

The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.

The use is environmentally and aesthetically compatible with the essential character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden available public services.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Conditional uses. The following uses shall be permitted in the Forest Area - Sending (FA-S) zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:

Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.

Area, yard and building requirements: As set forth in Appendix 6, Zoning Schedule A of this chapter for the FA-S zone. Notwithstanding the minimum lot areas set forth in Schedule B, no such minimum lot area for a nonresidential use in the FA-S zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

OR-LI Office, Research and Light Industrial.

Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning Districts Permitted and Conditional Use Schedule.[6]

Editor's Note: Said schedule is included in Appendix 6, an attachment to this chapter.

Permitted accessory uses.

As defined in Article II, Terminology, of this chapter.

No supplies, materials or goods shall be stored out-of-doors.

Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[7] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

Editor's Note: Said schedule is included in Appendix 6, an attachment to this chapter.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[8] as referenced in Subsection B of this section.

Editor's Note: Said schedule is included in Appendix 6, an attachment to this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Parking area in the OR-LI Zone shall be located only to the rear and/or side of any building in conformance with § 245-28 of this chapter. Parking shall not be located in that portion of the front yard between the street line and the building face.

[Amended 6-14-2010 by Ord. No. 10-012]

Signs. As per § 245-27 of this chapter.

Performance standards. As specified in § 245-26 of this chapter.

Buffer requirements. As per § 245-29 of this chapter.

Expressly prohibited uses. The following uses are expressly prohibited:

No residences or residential uses are permitted in this zone.

Processing or fabrication of materials, except that clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.

The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[9] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.

Editor's Note: See Ch. 179, Fire Prevention.

O-P Office Professional.

Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning Districts Permitted and Conditional Use Schedule.[10]

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses.

As defined in Article II, Terminology, of this chapter.

No supplies, materials or goods shall be stored out-of-doors.

Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning Districts Permitted and Conditional Use Schedule[11] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[12] as referenced in Subsection B of this section.

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Parking area in the O-P Zone shall be located only to the rear and/or side of any building in conformance with § 245-28 of this chapter. Parking shall not be located in that portion of the front yard between the street line and the building face.

Signs. As per § 245-27 of this chapter.

Performance standards. As specified in § 245-26 of this chapter.

Buffer requirements. As per § 245-29 of this chapter.

Expressly prohibited uses. The following uses are expressly prohibited:

No residences or residential uses are permitted in this zone.

Processing or fabrication of materials, except that clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.

The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[13] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.

Editor's Note: See Ch. 179, Fire Prevention.

B-1 Business Zone.

Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[14]

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Uses in existence prior to 1979. Any uses which existed in the B-1 Zone as of January 1, 1979, shall be permitted to continue and shall be treated as a permitted use within the B-1 Zone at the particular site.

Permitted accessory uses.

As defined in Article II, Terminology, of this chapter.

No supplies, materials or goods shall be stored out-of-doors except in the case of building supply and home and garden centers.

Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[15] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[16] as referenced in Subsection B of this section.

[16]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

Performance standards. As specified in § 245-26 of this chapter.

Buffer requirements. As per § 245-29 of this chapter.

HD-3, HD-3A and HD-10 Highway Development Zones.

Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[17]

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

[17]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[18] may be permitted, subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

[18]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[19] as referenced in Subsection B of this section.

[19]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

Performance standards. As specified in § 245-26 of this chapter.

Buffer requirements. As per § 245-29 of this chapter.

LI Light Industrial.

Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[20]

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

[20]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses.

As defined in Article II, Terminology, of this chapter.

No supplies, materials or goods shall be stored out-of-doors.

Conditional uses. The conditional uses specified in the Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[21] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

[21]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[22] as referenced in Subsection B of this section.

[22]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Parking area in the LI Zone shall be located only to the rear and/or side of any building in conformance with § 245-28 of this chapter. Parking shall not be located in that portion of the front yard between the street line and the building face.

Signs. As per § 245-27 of this chapter.

Performance standards. As specified in § 245-26 of this chapter.

Buffer requirements. As per § 245-29 of this chapter.

Expressly prohibited uses. The following uses are expressly prohibited:

No residences or residential uses are permitted in this zone.

Processing or fabrication of materials, except that clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.

The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[23] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.

[23]

Editor's Note: See Ch. 179, Fire Prevention.

TC Town Center.

Permitted uses.

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001; 5-29-2012 by Ord. No. 12-010]

As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[24]

[24]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Planned multifamily development option. In accordance with requirements of § 245-31R(11) below.

Permitted accessory uses.

As defined in Article II, Terminology, of this chapter.

No supplies, materials or goods shall be stored out-of-doors.

Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[25] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]

[25]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[26] as referenced in Subsection B of this section.

[26]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Parking area in the TC Zone shall be located only to the rear and/or side of any building in conformance with § 245-28 of this chapter. Parking shall not be located in that portion of the front yard between the street line and the building face.

Signs. As per § 245-27 of this chapter.

Performance standards. As specified in § 245-26 of this chapter.

Buffer requirements. As per § 245-29 of this chapter.

Expressly prohibited uses. The following uses are expressly prohibited:

[27]Processing or fabrication of materials, except those clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.

[27]

Editor's Note: Former Subsection R(9)(a), which listed residences and residential uses as prohibited uses, was repealed 5-29-2012 by Ord. No. 12-010. This section also provided for the redesignation of former Subsection R(9)(b) and (c) as Subsection R(9)(a) and (b), respectively.

The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[28] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.

[28]

Editor's Note: See Ch. 179, Fire Prevention.

Other requirements. Development within the TC Zone shall be designed to create a cohesive environment integrating the developed and undeveloped portions of the district, with a strong visual identity, physically linked by pedestrian connections, plazas, or other amenities, and related by a single theme. Development projects shall provide for interconnected pedestrian and vehicular access between development projects. Accordingly, the design shall be guided by the following objectives:

Architectural style of the planned commercial development shall be designed to avoid a big-box commercial center appearance through facade ornamentation, building offsets, and entry treatments and upgraded building material and color.

Buildings shall be sited to form a progression of pedestrian-oriented open spaces with visual as well as pedestrian connections between such spaces.

Open air or enclosed pedestrian spaces shall act as connectors of buildings and shall contain such amenities as changes in level, benches, water features, opportunities for entertainment, and seating areas to provide a sense of place and orientation for its users. There shall be a pedestrian corridor connecting the retail facilities in the portion of the district which is not developed with the portion of the district which already contains retail facilities. Such corridor shall include the amenities set forth in this subsection.

One or more entertainment or outdoor recreation facilities constituting a design focus of the planned commercial development and acceptable to the board of jurisdiction shall be provided.

At least 18% of the development area shall be devoted to pedestrian spaces, including but not limited to sidewalks in front of stores, and associated landscaping and water features, including but not limited to fountains, plazas, any lawn or landscaped areas, parking islands, and the like (but not preserved open space) and entertainment and outdoor recreation amenities.

At least 30% of the district shall be devoted to preserved open space, which may include walking trails.

Access to service and deliveries shall not obstruct site traffic patterns. All service areas shall be isolated from main public circulation drives and screened from public view.

All portions of the TC Zone development not allocated to buildings or improvements shall be allocated to deed-restricted passive recreational space, greenbelt space, or other open space.

Main walkways shall be a minimum of 10 feet in width and secondary walkways shall be a minimum of six feet in width.

Planned multifamily development option.

[Added 5-29-2012 by Ord. No. 12-010]

Permitted use: multifamily residential units including rental apartments.

Minimum lot size: 30 acres.

Maximum density: 10 dwelling units per acre.

Minimum front yard setbacks from all principal arterial roadways, from highway development zones, from existing commercial development and from municipal roadways within residential zones:

One- and two-story buildings: 100 feet.

Three-story buildings: 150 feet.

Minimum front and side yard setbacks from Colonial Drive and existing commercial development:

One and two-story buildings: 60 feet.

Three-story buildings: 125 feet.

Minimum rear yard setback: 60 feet.

Maximum impervious coverage: 30%.

Minimum width of any residential unit: 18 feet.

Maximum building height:

30 feet and two stories for buildings fronting on all principal arterial roadways, contiguous to highway development zones and/or fronting on municipal roadways within residential zones.

40 feet and three stories for buildings at a minimum of 150 feet from all principal arterial roadways, Colonial Drive, highway development zones, existing commercial development and/or a municipal roadway within a residential zone and a minimum of 125 feet from Colonial Drive.

Maximum number of units per structure:

Two-story: 16 units

Three-story: 24 units.

Minimum distance between buildings:

For multifamily residential buildings oriented essentially at 90° to each other or oriented essentially end to end from each other, the minimum distance shall be 30 feet for two-story buildings and 40 feet for three story buildings.

For multifamily residential buildings oriented essentially with a parallel axis facing each other, shall be 45 feet for two-story buildings and 60 feet for three-story buildings.

Affordable housing requirement. The applicant shall provide for a twenty-percent inclusionary component or such other requirement that is in effect in accordance with a court-approved housing plan or housing plan approved by the New Jersey Department of Community Affairs at the time of final site plan approval. The type and distribution of affordable housing units shall conform to the regulations in effect by the Department of Community Affairs or such other state agency designated as the regulatory agency for affordable housing in New Jersey at the time of the issuance of the first building permit for the development.

No portion of any dwelling unit shall be lower than the outside finished grade (excluding the basement portion of the dwelling unit). No depressed siting shall be permitted.

Recreation area requirement. Recreation areas shall be provided at the rate of 125 square feet per dwelling unit. All recreation areas shall be landscaped. Recreation areas may include a swimming pool, clubhouse, picnic areas, tot-lots, sports courts, sports fields, walking/running trails and passive open space in areas that are not required building setback areas, conservation areas, retention and detention ponds, environmentally sensitive areas and areas preserved for vegetative coverage required by CAFRA.

[29]

Editor's Note: See 42 U.S.C. § 12101 et seq.

(p)

Utility requirements. The applicant for the site plan approval shall arrange with the serving utility for the underground installation of the utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utilities. All multifamily and attached single-family development shall be served by public sewer and public water in accordance with the requirements of the Manchester Township Department of Utilities.

[Amended 4-14-2014 by Ord. No. 14-007; 11-28-2016 by Ord. No. 16-037; 8-8-2022 by Ord. No. 22-23]

(q)

Landscaping and buffer requirements. All areas of multifamily and attached single-family development not used for construction of buildings, roads, accessways, parking areas or sidewalks shall be reasonably landscaped or grassed. All trees within 50 feet of the perimeter boundary of the development site shall be preserved to the maximum extent possible. All tree preservation and protection areas shall be identified on the site plan and shall be marked in the field and verified by the Township Engineer prior to site clearing, grading or other disturbance. Where no trees exist within 50 feet of the perimeter boundary of the development site, or when the existing trees must be removed for grading purposes, the developer shall plant trees within such fifty-foot perimeter at the rate of one evergreen tree included per 200 square feet and supplemented by evergreen shrubs as determined by the reviewing agency to provide a visual screen from adjacent residential and nonresidential development. Pinelands vegetation shall be utilized to the greatest extent possible. Plantings shall conform with the planting requirements for shade trees and streetscape planting strips as provided in § 245-81H.

(r)

Interior roads and driveways. Roads may be private or public at the discretion of the developer. In the event the roads are private, then such private roads shall be the responsibility of the property owner, property management company or homeowners' association. In such event, the provisions of the Municipal Services Act[30] shall be applicable. In the event such roads are public, then such public roads shall designed in accordance with residential site improvement standards and approved by and accepted by the Township of Manchester and be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.

[30]

Editor's Note: See N.J.S.A. 40:67-23.2 et seq.

(s)

Permitted accessory uses. Permitted accessory uses usually and customarily incidental to the above uses, as specified below:

Noncommercial garage for the exclusive use of site residents only.

Noncommercial swimming pools for exclusive use of site residents.

Clubhouse for use by residents.

Maintenance building and yard.

(t)

Site disturbance. Maximum allowable site disturbance shall not exceed 80%.

(u)

Site access. Any development shall provide a minimum of two full access roadways for use by residents in accordance with § 245-81I. One full access shall be from a principal arterial roadway.

(v)

Signs shall be installed in accordance with § 245-27E, General sign regulations, with the following exceptions:

A ground sign not greater than 60 square feet in area shall be permitted on a street frontage of 100 feet or more. Where dual street frontages exist, one ground sign shall be permitted on each street.

Ground signs shall not be located nearer than 25 feet to any property line nor within 50 feet of an intersection or entrance roadway or within a required sight distance triangle as regulated by a governmental agency.

Pathfinder or locater signs for building and site facilities not greater than 20 square feet in area shall be permitted at entrance location points and internal drive intersections.

(w)

Signs shall be installed in accordance with § 245-27E, General sign regulations.

(x)

Applications for developments utilizing the planned multifamily development option shall conform with all applicable requirements of Chapter 245, including but not limited to Article VI, Site Plan Requirements and Procedures; Article IX, Improvements, Requirements and Design Standards; and Article X, Performance and Maintenance Guarantees.

MF Multifamily.

[Added 9-8-2014 by Ord. No. 14-015; amended 7-13-2015 by Ord. No. 15-010; 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]

Permitted uses. As specified in Schedule D, CAFRA Area and Pinelands National Reserve Area Zoning Districts-Permitted and Conditional Uses, for the MF Zone.

Planned multifamily development option.

Permitted use: multifamily residential units, including rental apartments.

Minimum lot size: five acres.

Maximum density: six dwelling units per developable acre.

Minimum front yard setbacks from roadways: as classified in the Township Master Plan:

Principal arterial roadways: 100 feet except where the principal arterial right-of-way is 200 feet or greater and the distance from the cartway and/or paved shoulder to the property line is 100 feet or greater, wherein the minimum front yard may be 50 feet.

Minor arterials, major collectors and minor collectors: 100 feet.

Local roads: 75 feet.

Minimum side yard setback: 50 feet.

Minimum rear yard setback: 50 feet.

Minimum frontage:

On principal arterial roadways: 300 feet.

On major and minor collectors and local streets: 150 feet.

Maximum impervious coverage: 30%.

Minimum width of any residential unit: 18 feet.

Maximum building height: three stories and 40 feet.

Maximum number of units per structure: 12.

Minimum distance between buildings:

For multifamily residential buildings oriented essentially at 90° to each other or oriented essentially end to end from each other, the minimum distance shall be 30 feet.

For multifamily residential buildings oriented essentially with a parallel axis facing each other, the minimum distance shall be 45 feet.

Affordable housing requirement. The applicant shall provide for a twenty-percent inclusionary component or such other requirement that is in effect in accordance with a court-approved housing plan or a housing plan approved by the New Jersey Council on Affordable Housing (COAH) at the time of final site plan approval. The type, construction and distribution of affordable housing units shall conform to the regulations in effect by COAH, by the Department of Community Affairs or such other state agency designated as the regulatory agency for affordable housing and affordable housing construction in New Jersey at the time of the issuance of the first building permit for the development.

No portion of any dwelling unit shall be lower than the outside finished grade (excluding the basement portion of the dwelling unit). No depressed siting shall be permitted.

(p)

Off-street parking requirements. Off-street parking requirements for residential structures shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., and, where applicable, by the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1.1 et seq.) and the New Jersey Barrier Free Subcode (N.J.A.C. 5:23-7.5 et seq.).

(q)

Utility requirements. The applicant for site plan approval shall arrange with the serving utilities for the underground installation of utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utilities. All multifamily and attached single-family development shall be served by public sewer and public water in accordance with the requirements of the Manchester Township Department of Utilities.

[Amended 11-28-2016 by Ord. No. 16-037; 8-8-2022 by Ord. No. 22-23]

(r)

Landscaping and buffer requirements. All areas of multifamily and attached single-family development not used for construction of buildings, roads, accessways, parking areas or sidewalks shall be landscaped or grassed. All trees within 50 feet of the perimeter boundary of the development site shall be preserved to the maximum extent possible. All tree preservation and protection areas shall be identified on the site plan and shall be marked in the field and verified by the Township Engineer prior to site clearing, grading or other disturbance. Where no trees exist within 50 feet of the perimeter boundary of the development site, or when the existing trees must be removed for grading purposes, the developer shall plant trees within such fifty-foot perimeter at the rate of one evergreen tree per 200 square feet and supplemented by evergreen shrubs as determined by the reviewing agency to provide a visual screen from adjacent single-family residential and from nonresidential development. Pinelands vegetation shall be utilized to the greatest extent possible. Plantings shall conform with the planting requirements for shade trees and streetscape planting strips as provided in § 245-81H.

(s)

Interior roads and driveways. Roads may be private or public at the discretion of the developer. In the event the roads are private, then such private roads shall be the responsibility of the property owner, property management company or homeowners' association. In such event, the provisions of the Municipal Services Act shall be applicable. In the event such roads are public, then such public roads shall be designed in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.) and approved and accepted by the Township of Manchester and thereby be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.

(t)

Permitted accessory uses. Permitted accessory uses usually and customarily incidental to the above uses, as specified below:

Noncommercial garage for the exclusive use of site residents only.

Noncommercial swimming pool for exclusive use of site residents.

Clubhouse for use by residents and their guests.

Maintenance building and yard.

(u)

Site disturbance. Maximum allowable site disturbance shall not exceed 70%.

(v)

Site access. Developments with multifamily housing shall provide a minimum of two full-access roadways for use by residents in accordance with § 245-81I when applicable.

(w)

Signs shall be installed in accordance with § 245-27E, General sign regulations, with the following exceptions:

Pathfinder or locator signs for building and site facilities not greater than 20 square feet in area shall be permitted at entrance location points and internal drive intersections.

(x)

R-20 Residential 20,000 square feet.

[Added 11-14-2016 by Ord. No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]

Permitted uses.

Single-family houses.

Public parks and playgrounds.

Governmental buildings for administrative, protection and safety purposes such as Township offices, first aid or firehouses.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified for these zones in Schedule A, Zoning Districts Schedule, Subsection B of this section.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. As per § 245-27 of this chapter.

Lot averaging.

Buildings on undersized lots of record in R-20 Zone will be considered conforming and new subdivisions within the R-20 Zone may include lots that are less than 20,000 square feet in area provided that the average lot size of the entire subdivision is 20,000 square feet or greater. No lot within any new subdivision shall be less than 15,000 square feet.

Buildings on undersized lots of record in R-20 Zone shall meet all other requirements of the R-20 Zone except for improvable lot area.

§ 245-32 Pinelands Area development.

Pinelands Area general development regulations.

Expansion and changes of existing uses. Notwithstanding the use restrictions contained in Part III of N.J.A.C. 7:50-1 et seq., Subsections 7:50-5.21 to 7:50-5.40, or § 245-33 of this chapter, the expansion or alteration of any use existing in the Pinelands Area on January 14, 1981 that is currently nonconforming, or any use which was constructed based upon an approval granted pursuant to N.J.A.C. 7:50-1 et seq., other than intensive recreation facilities and those uses which are expressly limited in N.J.A.C. 7:50-6, Article IV, Management Programs and Minimum Standards of the Pinelands Comprehensive Management Plan, and § 245-33, may be permitted, provided that:

The use was not abandoned or terminated subsequent to January 14, 1981;

The expansion of the use is in accordance with all of the minimum standards of § 245-33;

The area of expansion does not exceed 50% of the floor area, the area of the use, or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-1 et seq.; and

The use conformed to the zoning district regulations as of January 14, 1981.

Height limitations.

Except in the WTO-P District, no structure, including radio and television transmission and other communications facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in Subsection A(2)(b) below.

[Amended 6-14-2010 by Ord. No. 10-012]

The height limitation in Subsection A(2)(a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform to the objectives of Subsection M, Scenic, and N.J.A.C. 7:50-6, Part X, Scenic: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smoke stacks, derricks, conveyors, flag poles and masts or aerials, solar energy facilities, chimneys and similar structures required to be placed above the roof level and not intended for human occupancy.

The height limitation in Subsection A(2)(a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that:

[Amended 5-29-2007 by Ord. No. 07-018]

There is a demonstrated need for the facility to serve the local communication needs of the Pinelands, including those related to public health and safety, as well as a demonstrated need to locate the facility in the Pinelands in order to provide adequate service to meet these needs;

The supporting structure is designed to accommodate the needs of any other local communications provider which has identified a need to locate a facility within an overlapping service area;

The antenna utilizes an existing communications or other suitable structure, to the extent practicable;

If an existing communications or other suitable structure cannot be utilized, the antenna and any necessary supporting structure is located such that it:

Meets technical operating requirements;

Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:

Avoiding, to the maximum extent practicable, any direct line of sight from low-intensive recreation facilities and campgrounds; and

Minimizing the length of time that an antenna structure is visible from publicly dedicated roads and highways.

Avoids, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in N.J.A.C. 7:50-6.105(a), the Pine Plains and area necessary to maintain the ecological integrity of the Pine Plains, as depicted on the Special Areas Map, Figure 7.1, of the Pinelands Comprehensive Management Plan, the original of which is maintained at the offices of the Pinelands Commission;

Maintains a distance of at least five miles from the Forked River Mountains and otherwise minimizes visual impacts as viewed from the Forked River Mountains, as depicted on the Special Areas Map, Figure 7.1, of the Pinelands Comprehensive Management Plan;

Minimizes visual impacts from existing residential dwellings on contiguous parcels through adherence to the buffer requirements of § 245-29 and setback requirements in Zoning District Schedules B and C;[1] and

Editor's Note: The schedules are included at the end of this chapter.

[f]

If proposed in the Preservation Area District (PPA), Pinelands Forest Area (PFA) or in the PED-9 (Planned Environmental Development) Zone is located in one of the following areas:

On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on state, county, or municipal conservation lands, state recreation lands or county and municipal lands used for low-intensity recreational purposes;

On the parcel of an approved resource extraction operation, provided that the facility will be located on previously disturbed lands that have not subsequently been restored;

On the parcel of an existing first aid or fire station; or

On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.

The antenna and any supporting structure does not exceed 200 feet but, if of a lesser height, shall be designed so that its height can be increased to 200 feet if necessary to accommodate other communications facilities in the future;

If the facility is proposed to be located in any Pinelands management area other than the Ridgeway Regional Growth Area or Whiting Town, a comprehensive plan for the entire Pinelands Area must be submitted to the Pinelands Commission for certification in accordance with N.J.A.C. 7:50-5.4(c). If the facility is proposed to be located in a Military and Federal Installation Area, submission of such a plan shall only be required if the facility is to be located outside the substantially developed area of the installation.

Setback standards.

In accordance with N.J.A.C. 7:50-6.102, Scenic management program, all buildings within the Pinelands Preservation Area (PPA) and Pinelands Forest Area (PFA) Zoning Districts shall be set back from public, paved roads in accordance with N.J.A.C. 7:50-6.103, Scenic corridors, and 6.104, Requirements for scenic corridors. These setback requirements shall not apply to residential cluster developments within the Pinelands Forest Area (PFA) Zoning Districts which comply with the standards of § 245-33C(1)(b) or § 245-33D(1)(b).

[Amended 12-12-2011 by Ord. No. 11-025]

All structures within 1,000 feet of rivers designated in N.J.A.C. 7:50-6.105(a) as a "scenic corridor," including the Toms River from the Conrail Railroad Bridge upstream (west) to the Jackson Township border shall be screened in accordance with the requirements set forth therein to avoid visual impacts as viewed from the river. (See Subsection M.)

Residential dwelling units on 3.2-acre lots. Residential dwelling units on 3.2-acre lots may be permitted in the PPA, PFA-R and PFA-S Zoning Districts, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one of the members of that person's immediate family have resided in the Pinelands for a total of at least 20 different years.

No more than one principal use on one lot. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, and recreational development on agricultural lands.

Residential dwelling units on one-acre lots. Residential dwelling units on one-acre lots may be permitted in the PPA, PFA-R and PFA-S zones, provided that:

The applicant satisfies all of the requirements set forth in Subsection A(4) above;

The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim rules and regulations prior to January 14, 1981;

The applicant qualifies for and receives from the Township a variance from the 3.2-acre lot size requirement set forth in Subsection A(4) above;

The applicant purchases and redeems 0.25 Pinelands development credits; and

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to Subsection C of this section.

Condition on prior approvals by the Township within the Pinelands Area. Where a prior approval has been granted by the Township in the Pinelands Area, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

Notification is received from the Pinelands Commission that review of the Township's approval is not required; or

Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32 and a final order regarding the approval is received by the Township from the Pinelands Commission.

Public development within the Pinelands Area. All development proposed by Manchester Township or any agency thereof in the Pinelands Area will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4-51 et seq. and all the standards set forth in this article.

Minimum lot size in the Pinelands Area.

[Amended 2-24-2003 by Ord. No. 03-001]

No residential dwelling unit or nonresidential use in the PPA, PFA-R or PFA-S Zones shall be located on a parcel of less than one acre in size.

No nonresidential use in the Ridgeway Regional Growth Area or Whiting Town shall be located on a parcel of less than one acre in size unless served by a centralized wastewater treatment plant.

No single-family residential use on an individual lot in Beckerville Village, Ridgeway Regional Growth Area or Whiting Town shall be located on an existing parcel of less than 40,000 square feet as of August 5, 2002, or a lot of less than one acre in a subdivision approved after August 5, 2002, unless served by either:

A centralized wastewater treatment plant; or

A community on-site wastewater treatment system serving two or more residential dwelling units which meets the standards of § 245-32K(2)(e) or (g), provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.

PR-15 Zone. An application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size in the PR-15 Zone may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

WTR-40 Zone. An application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size in the WTR-40 Zone may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

Residential dwellings on private roads. Within the PPA and PFA-S Zones as herein established, residential dwellings built on lots of 20 or more acres may front on unimproved and unaccepted roads over which the owner has rights of access, provided that there is provision made for sufficient emergency vehicular access as certified by the Manchester Township Engineer and further provided that such access shall be paved at the point of intersection with an approved and unimproved road for a distance and in a manner approved by the Township Engineer.

Pinelands Development uniform procedures.

Applicability.

In addition to other development review procedures of the Township of Manchester enumerated in this chapter, all applications for development approval in the Pinelands Area shall comply with the procedures set forth in Subsection A of this section, Pinelands Area general development regulations.

For the purposes of this section only, the following shall not be considered development except for development involving any historic resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, Designation of Historic Resources and Districts:

The improvement, expansion, construction or reconstruction within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto;

The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;

The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;

The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;

The repair of existing utility distribution lines;

The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;

The clearing of less than 1,500 square feet of land;

The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:

[Amended 12-10-2018 by Ord. No. 18-034]

If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

The demolition of any structure that is less than 50 years old;

The repair or replacement of any existing on-site wastewater disposal system;

The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.

[Amended 12-10-2018 by Ord. No. 18-034]

The clearing of land solely for agricultural or horticultural purposes.

[Amended 12-10-2018 by Ord. No. 18-034]

Fences, provided not more than 1,500 square feet of land is to be cleared;

Aboveground telephone equipment cabinets;

Tree pruning;

[16]

The following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested from the entire parcel in any one year and no more than five cords of wood are harvested from the entire parcel in any one year;

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25, Native Shrubs and Trees, are to be planted; and

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

[17]

Prescribed burning and the clearing and maintaining of fire breaks; or

[18]

Normal and customary landscape plantings, unless a landscaping plan is required pursuant to Subsection E(4) or pursuant to Articles V and VI.

[19]

The installation of an accessory solar energy facility on any existing structure or impervious surface.

[Added 12-10-2018 by Ord. No. 18-034]

[20]

The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.

[Added 12-10-2018 by Ord. No. 18-034]

[21]

The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

[Added 12-10-2018 by Ord. No. 18-034]

[22]

The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

[Added 12-10-2018 by Ord. No. 18-034]

As of January 14, 1991, the provisions of the Pinelands Comprehensive Management Plan shall apply to any proposed development or portion thereof within the Pinelands Area which received approval from the Pinelands Commission pursuant to the Interim Rules and Regulations or which received approval from the Pinelands Development Review Board and said approvals expired as of that date or will expire subsequent to that date, without exception, unless the requirements in Subsection B(1)(c)[1], [2], [3] or in [4] below have been and continue to be met:

All necessary Township Planning Board or Board of Adjustment approvals were obtained by January 14, 1991;

No additional approval, extension, renewal or any other action whatsoever is required or received from either the Township Planning Board or Board of Adjustment after January 14, 1991; and

All necessary approvals, including all necessary construction permits, are obtained by December 31, 1994, or within 18 months of the expiration of any tolling pursuant to N.J.S.A. 40:55D-21 of the running period of the period of the Planning Board or Board of Adjustment approval pursuant to N.J.S.A. 40:55D-47 or 40:55D-52, whichever is later, and no construction permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after the latter of said dates; or

Where no Township Planning Board or Board of Adjustment approvals were required, all necessary construction permits were issued prior to January 14, 1991, the authorized work was commenced within 12 months after the issuance of the permits and no such permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after December 31, 1994.

Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

Application requirements. In accordance with N.J.A.C. 7:50-4.2(b)4, Preapplication Conference, Application Requirements:

Minor development application. Any application for approval of minor development shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle Map, or copy thereof, and a copy of the municipal Tax Map on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to the existing or proposed sanitary facilities:

On-site treatment facilities. Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and

Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable locations with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection K of this section.

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;

A soils map including an Ocean County Soils Survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;

A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.

Major development application. Unless the submission requirements are modified or waived, all applications for major development, other than forestry and resource extraction operations, shall include at least the following information:[2]

All information required by Subsections B(2)(a)[1] through [4];

A brief written statement generally describing the proposed development; the number of total units; and the floor area of all units to be included in the proposed development;

A written statement addressing each of the standards or guidelines set forth in Subchapters 5 and 6 of the Pinelands Comprehensive Management Plan; and stating specifically how the proposed development meets each such standard or guideline;

Sanitary sewer distribution. Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;

On-site treatment facilities. Location, size, type and capacity of any proposed on-site wastewater treatment facilities including, except with respect to discharge into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;

Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted with tract map showing location, logs, evaluations of all test holes, indicating where groundwater was encountered, and estimating the seasonal high water table; and

The proposed hours and days of operation and number of employees of any nonresidential facility.

A project site base map, at a scale of not less than one inch to 200 feet and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies, and existing roads;

A soils map including the Ocean County Soils Survey in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map;

A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;

A resource capability map, at the same size and scale as the project site map, indicating the cumulative limitations to development due to the standards and the guidelines contained in the Pinelands Comprehensive Management Plan. This map should be prepared prior to any engineering, site layout or design work;

A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution, the proposed primary road network; all areas to be disturbed by construction activities;

A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high water table;

Legal instruments evidencing the applicant's right, title or interest in any Pinelands development credits and any existing or proposed deed restrictions or easements relating to the subject parcel;

A landscaping or revegetation plan which incorporates the elements set forth in § 245-29;

All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;

The cultural resources survey described in N.J.A.C. 7:50-6, Part XV, Historical, Archaeological and Cultural Preservation;

A list of all permits required for the proposed development from county, municipal, state and federal agencies.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Application for approval of forestry operations. Any application for approval of forestry operations shall be subject to the requirements of Subsection G and N.J.A.C. 7:50-6.43, Part IV, Forestry, Application Requirements.

Application for approval of resource extraction operations. Any application for the approval of resource extraction operations shall be subject to the requirements of Subsection I and N.J.A.C. 7:50-4.2(b)6, Application for Resource Extraction.

Development approval procedures.

Application submission and modification. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the Township approval agency that the application has been modified. Said notice shall contain:

[Amended 12-10-2018 by Ord. No. 18-034]

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

A brief description of the proposed development, including uses and intensity of uses proposed;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the application, or any change thereto, was filed, and any application number or other identifying number assigned to the application by the approval agency;

The approval agency with which the application or change thereto was filed;

The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and

The nature of the municipal approval or approvals being sought.

Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

[Amended 12-10-2018 by Ord. No. 18-034]

The name and address of the applicant;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date, time and location of the meeting, hearing or other formal proceeding;

The name of the approval agency, or representative thereof, that will be conducting the meeting, hearing or other formal proceeding;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and

The purpose for which the meeting, hearing or other formal proceeding is to be held.

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

[Amended 12-10-2018 by Ord. No. 18-034]

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the approval or denial was issued by the approval agency;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;

Any revisions to the application not previously submitted to the Commission; and

A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.[3]

Editor's Note: Former Subsection B(3)(c)[8], regarding persons who actively participated in the proceedings, which immediately followed, was repealed 12-10-2018 by Ord. No. 18-034.

Evidence of ownership of Pinelands development credits. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving agency with evidence of his ownership of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to N.J.A.C. 7:50-4 and Subsection B(3)(c) above and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 12-17-2001 by Ord. No. 01-034]

Review by the Pinelands Commission.

Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection B(3)(c) above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.36 through 7:50-4.42. The approval or denial of the Township shall not be effective, and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application, no development shall be carried out until such review has been completed.

Pursuant to N.J.A.C. 7:50-4.1(b) and until January 4, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of local approvals under this section.

Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

Effect of Pinelands Commission's decision on Township's approval. If the Pinelands Commission disapproves an application for development previously approved by an approving agency, such approval shall be revoked within 30 days of the Pinelands Commission's action by the approving agency and the agency shall thereafter deny approval of the application. If the Pinelands Commission approves the decision of an approving agency subject to conditions, the approving authority which had previously approved the application, shall, within 30 days, modify its approval to include all conditions imposed by the Pinelands Commission; and if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Pinelands Commission have been met by the applicant.

Participation of Pinelands Commission in Township public hearings. The Pinelands Commission may participate in a hearing held in Manchester Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.26.

Referral of applications to Township Environmental Commission. All applications for development approval in the Pinelands Area of Manchester Township shall be referred to the Environmental Commission for review and comment.

Pinelands development credits. In accordance with N.J.A.C. 7:50-5.41 to 7:50-5.47, Pinelands development credits Program shall be applicable in the Pinelands Area of the Township as follows:

Application of Pinelands development credits. Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the State of New Jersey for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection C(2) below, every parcel of land in the Pinelands Preservation Area District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for land located in the BVR-40, PAF-1, PR-40, PR-A, PED-1, PRC and PRC-1 Zones, where required, and in certain other Pinelands municipalities approved by the Pinelands Commission. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Amended 5-29-2007 by Ord. No. 07-018; 7-10-2017 by Ord. No. 17-008]

Pinelands credits in the PPA Zone. Pinelands development credits are hereby established in the (PPA) Pinelands Preservation Area District at the following ratios:

Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.

Other uplands: one Pinelands development credit per 39 acres; and

Wetlands: 0.2 Pinelands development credit per 39 acres.

Reductions of Pinelands credit allocations. The allocations established in Subsection C(2) above shall be reduced as follows:

Any parcel of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved parcel of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the parcel.

The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the parcel pursuant to Subsection C(8)(b) below.

Fractional Pinelands credits. The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection C(2) above.

Pinelands credit entitlement. If the allocations established in Subsection C(2) above are less 0.25 of a Pinelands development credit, the allocation shall be increased to 0.25 of a Pinelands development credit if the owner of record of 0.1 or greater acres of land in the Pinelands Preservation Area District (PPA), as of February 7, 1979, owns a vacant parcel of land that was not in common ownership with any contiguous land on or after February 7, 1979, and the parcel has not been sold or transferred except to a member of the owner's immediate family.

Owners of parcels less than one-tenth of an acre. The provisions of Subsection C(5) above shall also apply to owners of record of less 0.1 acre of land in the Pinelands Preservation District (PPA), as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection C(2) above which lands, when combined with the acreage of the parcel, total at least one-tenth of an acre.

Owners of parcels smaller than 39 acres. The owners of parcels of land which are smaller 39 acres shall have fractional Pinelands development credits at the same ratio established in Subsection C(2) above for the management area in which the parcel is located.

Required use of Pinelands credits. Pinelands development credits shall be used in the following manner only within the Pinelands Area Regional Growth Area of Manchester Township located in the Ridgeway area of the Township northwest of the Southern Branch CONRAIL railroad and northeast of Naval Air Engineering Center - Lakehurst (currently known as Joint Base-McGuire-Dix-Lakehurst) and the Borough of Lakehurst:

[Amended 12-17-2001 by Ord. No. 01-034; 5-29-2007 by Ord. No. 07-018; 6-14-2010 by Ord. No. 10-012; 9-8-2014 by Ord. No. 14-016; 7-13-2015 by Ord. No. 15-009; 11-13-2017 by Ord. No. 17-025]

To permit development of parcels of land in the PR-40, PR-A, PRC, PRC-1, PR-15, PB-1, POR-LI, PAF-1 and PED-1 Zones according to the density and lot area requirements set forth in § 245-33E, F, G, I, V, and W, as well as §§ 245-68 and 245-74 of this chapter;

[Amended 7-10-2017 by Ord. No. 17-008; 11-13-2017 by Ord. No. 17-025]

When a variance of density or minimum lot area requirements for the PR-A, PR-40, PRC, PRC-1, PMP, PR-15, PB-1, POR-LI, PAF-1 and PED-1 Zones within the Pinelands Regional Growth Area is granted by the Township, Pinelands development credits shall be used for all housing units or lots in excess of that otherwise permitted without the variance;

[Amended 7-10-2017 by Ord. No. 17-008; 11-13-2017 by Ord. No. 17-025]

When a variance or other approval for a nonresidential use not otherwise permitted in the PAF-1, PR-A, PR-40, PR-15, PRC, PRC-1, PMP and PED-1 zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2;

[Amended 7-10-2017 by Ord. No. 17-008]

When a variance or other approval for a residential use in the PB-1 Zone or POR-LI Zone is granted by the Township, with the exception of those approvals in accordance with §§ 245-68 and 245-74 of this chapter, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size;

[Amended 11-13-2017 by Ord. No. 17-025]

When a variance for cultural housing is granted by the Township in accordance with Subsection A(6) of this section;

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.;

When a variance of density or lot area requirements for a residential or principal nonresidential use in the BVR-40, WTRA, WTR-40, WTRC, WTB-1, WTO-P or WTHD zone is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.

Limitations on use of Pinelands development credits. Pursuant to N.J.A.C. 7:50-5.44:

No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3, and has deed restricted the use of land in perpetuity to those uses set forth in Subsection C(9)(b) below by recorded deed restriction which is in favor of a public agency or not for profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

Notwithstanding the provisions of Subsection C(9)(a) above, an owner of a parcel from which Pinelands development credits are sold may retain a right for residential development on that parcel, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that parcel is by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the parcel shall not be required until such time as the residential development right is exercised.

The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the parcel is located.

Pinelands development credit bonus multipliers. Pursuant to N.J.A.C. 7:50-5.45, Pinelands development credits which are used for securing a density bonus for parcels of land located in a regional growth area shall yield a bonus of four dwelling units per credit.

Aggregation of Pinelands development credits. Pursuant to N.J.A.C. 7:50-5.46, Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth area, provided that the density does not exceed the limits of the density range specified in the municipal zone or district in which the parcel is located.

Recordation of deed restriction. Pursuant to N.J.A.C. 7:50-5.47:

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

Such deed restriction shall specify the number of Pinelands development credits sold and that the parcel may only be used in perpetuity for the following uses:

In the Pinelands Preservation Area District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.

[Amended 12-12-2011 by Ord. No. 11-025; 12-10-2018 by Ord. No. 18-034]

In all of the Pinelands zoning districts: agriculture; forestry; and low-intensity recreational uses.

Evidence of ownership of Pinelands development credits.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to N.J.A.C. 7:50-4 and Subsection B(3) of this section and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permit.

[Amended 12-17-2001 by Ord. No. 01-034]

In no case shall a building or a construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his/her ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.

Wetlands.

Uses. No development in the Pinelands Area shall be permitted in a wetland or wetland transition area except for the following uses:

Horticulture of native Pinelands species in accordance with the requirements of Subsection H of this section.

Berry agriculture in accordance with the requirements of Subsection H of this section.

Beekeeping.

Forestry in accordance with the requirements of Subsection G of this section.

Wetlands management and fish and wildlife management, in accordance with N.J.A.C. 7:50-6.10, Wetlands management.

[Amended 12-12-2011 by Ord. No. 11-025]

Low-intensity recreational uses, which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection D(2) hereof.

Docks, piers, moorings and boat launches, provided that there is no adverse impact on the wetland as set forth in Subsection D(2) hereof.

Bridges, roads, trails, and utility transmissions and distribution facilities and other similar linear facilities, provided that:

There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures to mitigate the adverse impact on the wetlands; and

The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

Performance standards. No development in the Pinelands Area, other than those uses permitted by Subsection C(2)(a) through (d), shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components, including but limited to, threatened or endangered species of plants and animals, in one or more of the following ways:

An increase in surface water runoff discharging into a wetland;

A change in the normal seasonal flow patterns in the wetland;

An alteration of the water table in the wetland;

An increase in erosion resulting in increased sedimentation in the wetland;

A change in the natural chemistry of the ground or surface water in the wetland;

A loss of wetland habitat;

A reduction in wetland habitat diversity;

A change in wetlands species composition; or

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.

Determinations under Subsection D(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

Vegetation, revegetation and landscaping plans. Protection of the integrity of Pinelands vegetation shall be maintained in accordance with the following:

All clearing and soil disturbance activities, whether or not an application for development is required pursuant to N.J.A.C. 7:50-4 and this chapter, shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

Except for forestry and resource extraction, each application for major development shall contain a landscaping or revegetation plan which incorporates the standards set forth in Subsection E(4) below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans required pursuant to Subsection E(3) above or prepared pursuant to Articles V and VI shall incorporate the following:

The limits of clearing shall be identified;

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

Shrubs and trees authorized by N.J.A.C. 7:50-6.25, Native Shrubs and Trees, shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

Development prohibited in the vicinity of threatened or endangered plants. Pursuant to N.J.A.C. 7:50-6.27, no development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.24.

Fish and wildlife.

Protection of threatened or endangered wildlife required. Pursuant to N.J.A.C. 7:50-6.33, no development shall be carried out unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

Protection of wildlife habitat. Pursuant to N.J.A.C. 7:50-6.34, all development shall be carried out in the Pinelands Area in a manner which avoids disturbance to district fish and wildlife habitats that are essential to the continued nesting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

Forestry.

Permit required. No forestry in Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities pursuant to N.J.A.C. 7:50-4.1(a)16, which shall not be considered development except for development of any historic resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity, and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;

Forest stand improvement design to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and

Prescribed burning and the clearing and maintaining of fire breaks.

Forestry application requirements. The information in Subsection G(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[Amended 12-12-2011 by Ord. No. 11-025]

The filing of an application for development in accordance with N.J.A.C. 7:50-4.13 or 7:50-4.33, for forestry activities on those parcels of land enrolled in the New Jersey Forest Stewardship Program shall not be required. A copy of the approved New Jersey Forest Stewardship Plan shall be submitted to the Zoning Officer. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan.

For all other forestry applications:

The applicant's name and address and his interest in the subject parcel;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The description, including block and lot designation and street address, if any, of the subject parcel;

A description of all existing uses of the subject parcel;

A brief written statement generally describing the proposed forestry operation;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

A forestry management plan that includes, as appropriate:

A cover page for the plan containing:

The name, mailing address and telephone number of the owner of the subject parcel;

The municipality and county in which the subject parcel is located;

The block and lot designation and street address, if any, of the subject parcel;

The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short-term (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, Pinelands native forest types, and shall be keyed to an activity map that shall include, as appropriate, the following information:

The number of acres;

The general condition and quality of each stand;

The overall site quality, relative to the management goals and objectives identified in Subsection G(2)(b)[7][b] above;

An inventory and map of Pinelands native forest types with native forest types broken into stands, including information on type, size and volume by species;

The age of representative trees.

[vi]

The species composition, including overstory, understory, ground layer structure and composition;

[vii]

The stand cohort composition;

[viii]

The percent cover;

[ix]

The basal area;

[x]

The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[xi]

The condition and species composition of advanced regeneration when applicable;

[xii]

A stocking table showing the stocking levels, growth rates and volume;

[xiii]

Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;

[xiv]

A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

[A]

Stand improvement practices;

[B]

Site preparation practices;

[C]

Harvesting practices;

[D]

Regeneration and reforestation practices;

[E]

Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

[F]

Herbicide treatments;

[G]

Silvicultural treatment alternatives;

[H]

If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

[I]

Implementation instructions; and

[J]

Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

[xv]

A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

A map of the entire parcel which includes the following:

The owner's name, address and the date the map was prepared;

An arrow designating the north direction;

A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

The location of all property lines;

A delineation of the physical features such as roads, streams and structures;

[vi]

The identification of soil types (a separate map may be used for this purpose);

[vii]

A map inset showing the location of the parcel in relation to the local area;

[viii]

Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[ix]

A legend defining the symbols appearing on the map.

A letter from the New Jersey Department of Environmental Protection, Office of Natural Lands Management, identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in § 245-32E(5) and F(1);

A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with N.J.A.C. 7:50-6.156, Treatment of resources;

A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in § 245-32G(3)(i)[2] below;

A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in § 245-32G(3) below; and

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34.

Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[Amended 12-12-2011 by Ord. No. 11-025]

All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:

Clearcutting cedar and managing slash;

Controlling competition by other plant species;

Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

Utilizing existing streams as cutting boundaries, where practical;

Harvesting during dry periods or when the ground is frozen; and

Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 245-32E(5) and F(1). The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Pinelands Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50 6.79, Land application of waste or waste derived materials, except as expressly authorized in this section;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 245-32S;

A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;

Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

Minimize changes to surface and ground water hydrology;

Minimize changes to temperature and other existing surface water quality and conditions;

Prevent unnecessary soil erosion, siltation and sedimentation; and

Minimize unnecessary disturbances to aquatic and forest habitats.

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;

Herbicide treatments shall be permitted, provided that:

The proposed treatment is identified in the forestry application submitted to the Pinelands Commission pursuant to § 245-32G(2)(b)[10] above;

Control of competitive plant species is clearly necessary;

Control of competitive plant species by other, nonchemical means is not practical;

All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and

In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak re-sprouting outside those areas subject to the herbicide treatment.

Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;

Disking shall be permitted, provided that:

It shall not be permitted in pine plains native forest types;

Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.

It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

It shall follow land contours when slopes are discernible.

Root raking shall be permitted, provided that:

It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;

When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

Root raking debris shall not be piled in wetlands.

Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and

Drum chopping shall be permitted, provided that:

It shall not be permitted in pine plains native forest types except to create road shoulder fuel breaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

It shall adhere to the following procedures:

No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

Drums shall remain unfilled when used during the dormant season;

Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.

The following standards shall apply to silvicultural practices for harvesting:

Clearcutting shall be permitted, provided that:

It shall not be permitted in pine plains native forest types;

It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and

[f]

The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak in which case straight edges may be used.

Coppicing shall be permitted in all Pinelands native forest types, provided that:

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and

The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used.

Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;

The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;

[f]

Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and

[g]

Residual seed trees shall be distributed evenly throughout the parcel; and

Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.

The following standards shall apply to silvicultural practices for forest regeneration:

Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in § 245-32G(3)(k)[2] below; and

Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:

The use of nonnative cuttings, seedlings or seeds shall not be permitted;

The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

Following site preparation and harvesting activities, slash shall be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

Forestry permit procedures.

Applications for a forestry permit shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $75.

[Amended 6-14-2010 by Ord. No. 10-012]

Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

Within 45 days of determining an application to be complete pursuant to Subsection G(4)(b) above, or such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection G(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to Subsection G(4)(c), above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection G(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection G(4)(c) above.

Failure of the Zoning Officer to act within the time period prescribed in Subsection G(4)(c) and (d) above shall constitute approval of the forestry permit application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in Subsection B and N.J.A.C. 7:50-4.31 et seq.

Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection G(4)(c) above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

Forestry harvesting. Applicants for forestry harvesting activities shall post financial sureties in accordance with N.J.A.C. 7:50-6.48, Guidelines and requirements for financial sureties, and Article X, Performance and Maintenance Guarantees, of this chapter.

[Amended 12-12-2011 by Ord. No. 11-025]

General agricultural standards. Pursuant to N.J.A.C. 7:50-6.53, all agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.

Resource extraction. Pursuant to N.J.A.C. 7:50-6.63:

Except as expressly authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.

Application requirements. Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent of the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle Map, or copy thereof, and a copy of the Township Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;

A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;

The location, size and intended use of all buildings;

The location of all points of ingress and egress;

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;

The location of all existing and proposed streets and right-of-way, including railroad rights-of-way;

A soils map;

A reclamation plan which includes:

Method of stockpiling topsoil and overburden;

Proposed grading and final elevation;

Topsoil material application and preparation;

Type, quantity and age of vegetation to be used;

Fertilizer application, including method and rates;

Planting methods and schedules; and

Maintenance requirements schedule.

A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;

A performance guarantee, guaranteeing performance of the requirements in Subsection I(4) and (5) below. The financial surety shall be in accord with the requirements of Article X, Performance and Maintenance Guarantees, of this chapter, and shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Pinelands Commission and the Township of Manchester as the obligee, shall be posted by the property owner or his agent with the Township of Manchester;

(p)

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and

(q)

When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Subsection B(4).

Time limit on Board approval. Board approvals authorizing resource extraction shall be effective for a period of two years. Additional approvals shall be considered by the Board only if the requirements of this section have been met.

Resource extraction standards. Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:

Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan;

Is designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than 200 feet to any property line; unless it can be demonstrated that a distance between 100 and 200 feet will not result in greater off-site environmental impacts;

Is to be located on a parcel of land at least 20 acres;

Provides that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; and that the topsoil will be protected from wind or water erosion;

Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;

Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;

Is designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater;

Will not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;

Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection I(4)(k) below or N.J.A.C. 7:50-6.68(a)11;

Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with Subsection I(5) below and N.J.A.C. 7:50-6.69, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance; and

Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.

Restoration of resource extraction lands. All parcels of land which are used for resource extraction operations shall be restored as follows:

Restoration shall be a continuous process and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection I(4)(i) above and N.J.A.C. 7:50-6.69(a)9;

All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection I(5)(f) of this section;

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored unless it is immediately reused for reclamation that is currently underway;

Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;

Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;

Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond;

All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed:

Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:

Stabilization of exposed areas by establishing ground cover vegetation; and

Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:

The planting of a minimum of 1,000 one-year old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;

Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of the species;

A combination of the planting techniques set forth in Subsection I(5)(i)[2][a] and [b] above; or

The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.

The letter of credit, surety bond, or other performance guarantee which secures restoration of each section shall be released after the Township of Manchester has determined that the requirement of Subsection I(5)(a) through (i) above are met and is replaced with a maintenance guarantee for a period of two years thereafter in accordance with Article X, Performance and Maintenance Guarantees, of this chapter.

Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

Water quality.

Minimum standards necessary to protect and preserve water quality. The following minimum standards shall be applied to development permitted in the Pinelands area to protect and preserve water quality in accordance with N.J.A.C. 7:50-6.83 through 7:50-6.86:

All development permitted by N.J.A.C. 7:50 et seq., Pinelands Comprehensive Plan, shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. For purposes of this section, "agricultural use" shall not be considered development.

Except as specifically authorized in this section and N.J.A.C. 7.50, Part VIII, Water Quality, no development which degrades surface or groundwater quality or which establishes new point sources of pollution shall be permitted.

No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.

Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be permitted in the Pinelands:

Development of new or the expansion of existing commercial, industrial, and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources otherwise permitted in N.J.A.C. 7:50-5, except those specifically regulated in Subsection K(2)(b) through (f) below, provided that:

There will be no direct discharge into any surface water body;

All discharges from the facility are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

All public wastewater treatment facilities are designed to accept and treat septage; and

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection K(2)(a)[2] above, provided that:

There will be no direct discharge into any surface water body;

The facility is designed only to accommodate wastewater from existing residential, commercial, and industrial development;

Adherence to Subsection K(2)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

The design level of nitrate/nitrogen attenuation is the maximum possible with the cost limitations imposed by such user fee guidelines but in no case shall groundwater exiting from the parcel or entering a surface water body exceed five parts per million nitrate/nitrogen.

Improvements to existing commercial, industrial, and wastewater treatment facilities which discharge directly into surface waters, provided that:

There is no practical alternative available that would adhere to the standards of Subsection K(2)(a)[1] above;

There is no increase in the existing approved capacity of the facility; and

All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceeds two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that the following standards are met:

The proposed development to be served by the system is otherwise permitted pursuant to N.J.A.C. 7:50-4, Development Review, and 7:50-5, Minimum Standards for Land Use and Intensities;

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, incorporated by reference as subchapter Appendix A of N.J.A.C. 7:50-1 et seq., subject to the provisions of Subsection K(2)(d)[3] below. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection C or § 245-33C(4)(a) and N.J.A.C. 7:50-5.30 or 7:50-5.47;

Only contiguous land located within the same Pinelands Area zoning district as the proposed septic wastewater treatment system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19, Cluster Development;

The depth to seasonal high water table is at least five feet;

Any potable water well will be drilled and cased to a depth of least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85, Individual Wastewater Treatment Facility and Petroleum Tank Maintenance;

The technology has been approved for use by the New Jersey Department of Environmental Protection; and

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that the following standards are met:

The technology has been approved by the New Jersey Department of Environmental Protection;

The proposed development to be served by the system is otherwise permitted pursuant to N.J.A.C. 7:50-4 and 5;

The proposed development is either residential, or if nonresidential, is located:

[Amended 12-10-2018 by Ord. No. 18-034]

In a Pinelands Regional Growth Area, Pinelands Town, Pinelands Village or Military and Federal Installation Area; or

In the Pinelands Rural Development Area or Forest Area, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2).

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended and included as Appendix A in N.J.A.C. 7:50-1 et seq., subject to the provisions of Subsection K(2)(d)[3] above. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection C or § 245-33C(4)(a) or N.J.A.C. 7:50-5.30 or 7:50-5.47.

Surface water runoff, provided that the requirements of § 245-84 are met.

[Amended 4-10-2023 by Ord. No. 23-04]

Alternate design pilot program treatment systems, provided that:

[Added 2-24-2003 by Ord. No. 03-001]

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection K(2)(g)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection C or § 245-33C(4)(a) or N.J.A.C. 7:50-5.30 or 7:50-5.47;

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

The depth to seasonal high water table is at least five feet;

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be canceled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

[Amended 12-10-2018 by Ord. No. 18-034]

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection K(2)(g)[9] above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.[4]

[Amended 12-10-2018 by Ord. No. 18-034]

Editor's Note: Former Subsection K(2)(g)[12], regarding system installation, which immediately followed, was repealed 12-10-2018 by Ord. No. 18-034.

Individual wastewater treatment facility and petroleum tank maintenance. Pursuant to N.J.A.C. 7:50-6.85:

The owner of every on-site septic wastewater treatment facility in the Pinelands shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the United States Clean Water Act:

Have the facility inspected by a technician at least once every three years;

Have the facility cleaned at least once every three years; and

Once every three years submit to the Board of Health serving Manchester Township a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

The owners of commercial petroleum storage tanks shall comply with the requirements of N.J.S.A. 58:10A-29.

Water management. Pursuant to N.J.A.C. 7:50-6.86:

Interbasin transfer of water between watersheds in the Pinelands should be avoided to the maximum extent practical. In areas served by central sewers, water-saving devices such as water-saving toilets, showers and sink faucets shall be installed in all new developments.

Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.

All wells and all increases in diversion from existing wells which require water allocation permits from the New Jersey Department of Environmental Protection shall be designed and located so as to minimize impacts on wetlands and surface waters. Hydrologic analyses shall be conducted in accordance with the New Jersey Department of Environmental Protection Guidelines for Water Allocation Permits, with an Appendix on Aquifer-Test Analysis Procedures, New Jersey Geological Survey Report GSR 29, 1992, incorporated herein by reference, as contained in pages 53 through 91 of the Technical Manual for Water Supply Element, Bureau of Water Allocation, Water Allocation Permits dated May 19, 1993, as amended.

All applications for the development of water supply wells or the expansion of existing water distribution systems shall address measures in place or to be taken to increase water conservation in all areas to be served by the proposed well or system. This shall include efforts by water purveyors and Manchester Township to reduce water demands by users and to reduce losses in the supply and distribution system.

Except for agricultural uses, all potable and nonpotable water supply diversions of more than 100,000 gallons per day that utilize the Kirkwood-Cohansey aquifer as a source of water supply and new increases in existing potable and nonpotable water supply diversions of over 100,000 gallons per day that utilize the Kirkwood-Cohansey aquifer may be permitted only if it is demonstrated that:

No viable alternative water supply sources are available; or

The proposed use of the Kirkwood-Cohansey aquifer will not result in any adverse ecological impact on the Pinelands Area.

Prohibited chemicals and materials. Pursuant to N.J.A.C. 7:50-6.87:

Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

Septic tank cleaners; and

Waste oil.

All storage facilities for deicing chemical shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface which shields the facility from precipitation.

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

Air quality.

General standard. Pursuant to N.J.A.C. 7:50-6.91 through 7:50-6.94, all development shall adhere to the relevant air quality standards of N.J.A.C. 7:27. Adherence to air quality standards shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

Standards for specified development. Pursuant to N.J.A.C. 7:50-6.94, applications for the following development shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the Ridgeway Regional Growth Area or in the Pinelands Whiting Town area; and

Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other Pinelands management area.

Scenic. Scenic values of the Pinelands are to be protected in accordance with N.J.A.C. 7:50-6.101 through 7:50-6.105, Requirements for Special Scenic Corridors, as follows:

Scenic corridors.

Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the Pinelands Preservation Area (PPA) and Pinelands Forest Area - Sending (PFA-S) zones shall be considered scenic corridors.

The Toms River, from the Central Railroad of New Jersey (Conrail) bridge upstream to the Jackson Township border, is designated as a special scenic corridor in accordance with N.J.A.C. 7:50-6.105.

Requirements for special scenic corridors.

Except as provided in this section, no permit shall be issued for development other than for agricultural commercial establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the scenic corridor.

If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations such as wetland, or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection E, Vegetation, revegetation and landscaping plans, of this section so as to provide screening from the corridor.

If an applicant for development approval demonstrates that existing development pattern of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development than a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Subsection E, Vegetation, revegetation and landscaping plans, so as to provide screening between the building and corridor.

The requirements of § 245-32M(2)(a) through (c) above shall not apply to residential cluster developments within the Pinelands Forest Area (PFA) Zoning District which comply with the standards of § 245-33C(1)(b) or D(1)(b).

[Added 12-12-2011 by Ord. No. 11-025]

Requirements for Toms River special scenic corridors. The Toms River shall be considered a special scenic corridor in accordance with Subsection M(1)(b) above and all structures within 1,000 feet of the center line of the Toms River scenic corridor shall be designed to avoid visual impacts as viewed from the corridor.

Signs. Signs within the Pinelands are to be governed in accordance with N.J.A.C. 7:50-6.106 through 7:50-6.109, as follows:

Mandatory sign provisions.

No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted in any Pinelands Area of Manchester.

No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in any Pinelands Area of Manchester Township.

No outdoor off-site commercial advertising sign, other than those off-site signs specifically authorized in N.J.A.C. 7:50-6.108 and 7:50-6.109, shall be permitted in the Pinelands Area except as follows:

Off-site outdoor signs advertising agricultural commercial establishments shall be permitted subject to the following conditions:

A maximum of two signs shall be placed in any one direction along each road directly approaching the stand; and

Each sign along four-lane state or U.S. highways shall be limited to a maximum of 50 square feet in area; each sign along all other roads shall be limited to a maximum of 32 square feet in area.

Off-site outdoor directional signs may be permitted in any Pinelands Area zoning district, provided that such signs do not contain advertising and are restricted to the name of the public or private use and any necessary directions, the number of signs per use is the minimum necessary to give adequate directions and the size of such signs does not exceed that necessary to convey directions.

Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the following zones:

Ridgeway Regional Growth Area;

Pinelands Whiting Town.

Any existing sign that violates Subsections N(1)(a) and (b) above shall be removed immediately. Any existing off-site commercial advertising sign which does not conform to Subsection N(1)(c) above shall be removed no later than December 5, 1996.

To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.

Mandatory sign provisions in the PPA - Pinelands Preservation Area District.

No sign shall be constructed, repaired or maintained in the PPA-Pinelands Preservation Area pursuant to N.J.A.C. 7:50-6.108 except in accordance with the provisions of N.J.A.C. 7:50-6.107, § 245-27, Sign regulations; permitted uses, and this subsection.

The following signs are permitted in the PPA Pinelands Preservation Area District:

Official public safety and information signs displaying road names, numbers and safety directions;

On-site advertising the sale or rental of the premises, provided that:

The area on one side of any such sign shall not exceed 12 square feet;

No more than one sign is located on any parcel of land held in common ownership;

On-site identification signs for schools, churches, hospitals, or similar public service institution, provided that:

The size of any such sign shall not exceed 12 square feet; and

No more than one sign is placed on any single property.

Trespassing signs or signs indicating the private nature of a road, driveway, or premises, and sign prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet;

On-site professional, home occupation, or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:

The size of any such sign shall not exceed 12 square feet; and

No more than one sign is permitted for any individual parcel of land.

On-site business or advertising signs, provided that:

No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment; and

The total of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level;

Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet;

Temporary on-site and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.

Guidelines for sign provisions outside the PPA Preservation Area District. The following guidelines shall be used in the Pinelands Area outside the PPA Preservation Area District:

Official public safety and information signs displaying road names, numbers and safety directions shall be permitted;

On-site signs advertising the sale or rental of the premises shall be permitted, provided that:

The area on one side of any such sign does not exceed 12 square feet;

No more than one sign is located on any parcel of land held in common ownership.

On-site identification signs for schools, churches, hospitals, or similar public service institutions shall be permitted, provided that:

The size of any such sign does not exceed 12 square feet;

No more than one sign is placed on any single property.

Temporary signs advertising political parties or candidates for election shall be permitted, provided that the size of any such sign does not exceed 12 square feet;

Temporary on-site and off-site signs advertising civic, social or political gatherings and activities may be permitted, provided that the size of such signs does not exceed 12 square feet;

Trespassing signs or signs indicating the private nature of a road, driveway, or premise, and sign prohibiting or otherwise controlling fishing or hunting may be permitted, provided that the size of such signs does not exceed four square feet;

On-site professional, home occupation, or name signs indicating the professional and/or activity and/or name of the occupant of the dwelling may be permitted; provided that:

The size of such sign does not exceed four square feet;

No more than one sign is permitted for any individual parcel of land.

On-site business or advertising signs may be permitted, provided that:

No more than two signs are located on any one premises leased or utilized by any one business establishment;

The total area of such signs shall not exceed 20 square feet per side with the maximum height to the top of the sign not to exceed 15 feet from ground level.

Motor vehicle screening and storage. Pursuant to N.J.A.C. 7:50-6.110, no more than 10 automobiles, truck or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of the vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

Location of utilities. Utilities shall be located in accordance with N.J.A.C. 7:50-6.111 as follows:

New utility distribution lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

Aboveground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with N.J.A.C. 7:50-6, Part II, and Subsection E, Vegetation, revegetation and landscaping plans.

Fire management. A fire management program is hereby established in accordance with the requirements of N.J.A.C. 7:50-6.121 through 7:50-6.125 as follows:

Fire hazard classification. The following vegetation classifications shall be used in accordance with N.J.A.C. 7:50-6.123 in determining the fire hazard of a parcel of land:

	Fire Hazard Classification
	Hazard	Vegetation Type
	Low	Atlantic white cedar Hardwood swamps
	Moderate	Non-pine Barrens forest and prescribed burned areas
	High	Pine Barrens forest, including mature forms of pine, pine-oak, and oak-pine
	Extreme	Immature or dwarf forms of pine-oak or oak-pine, all classes of pine-scrub oak and pine-lowland

Fire hazard mitigation standards. No application for development approval shall be granted in moderate, high and extreme hazard areas unless the applicant demonstrates that:

All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate fire-fighting equipment;

All dead-end roads will terminate in a manner which provides safe and effective entry and exit for fire-fighting equipment;

The rights-of-way of all roads will be maintained so that they provide an effective fire break;

Except as provided in Subsection Q(2)(e) below, a fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

All dead plant material is removed.

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

All dead plant material is removed.

In extreme high fire hazard areas, a fuel break of 100 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis;

No pine tree (Pinus spp.) is closer than 25 feet to another pine tree; and

All dead plant material is removed.

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

All dead plant material is removed;

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

There is a specific program for maintenance.

Guidelines for construction for fire protection of buildings. All structures will meet the following specifications consistent with N.J.A.C. 7:50-6.125:

Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum, or brick. Fire retardant-treated wood shingles and shakes are prohibited in high or extreme fire hazard areas;

All projections such as balconies, decks, and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals;

Any openings in the roof, attic and the floor shall be screened;

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;

Flat roofs are prohibited in areas where vegetation is higher than the roof.

Recreation. All recreational facilities within the Pinelands Area shall conform to N.J.A.C. 7:50-6.141 through 7:50-6.144 requirements:

No power vessel in excess of 10 horsepower shall operate on any waters within the Pinelands of Manchester Township.

No power vehicle other than fire, police or emergency vehicles or those vehicles used for the administration or maintenance of any public land shall be operated upon publicly owned land within the Pinelands. Other motor vehicles may operate on public lands for recreational purposes on public highways and areas on land designated prior to August 8, 1980, for such use by and local government entities until designated as inappropriate for such use by the Pinelands Commission in accordance with N.J.A.C. 7:50-6.143(a)3 and 4.

All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities.

In the Pinelands Preservation Area and Forest Area Districts, improved bicycling facilities shall be provided only in conjunction with paved roads.

Historic, archaeological and cultural preservation. Pursuant to N.J.A.C. 7:50-6.151 through 7:50-6.158, historically distinctive resources, including buildings, structures, sites and districts of historic, archaeological, architectural, or cultural importance, help define the Pinelands environment and the following program for protection of historic resources is adopted as follows:

Authorities of Township officials and agencies.

Planning Board. The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), Authorities of Municipal Officials and Agencies, including recommendations to the Township Council and Pinelands Commission regarding designation of historic resources and districts of local Pinelands, national or state significance, in accordance with N.J.S.A. 40:55D-1 et seq. and N.J.A.C. 7:50-6.154. The Planning Board shall issue all certificates of appropriateness except as specified in Subsection S(1)(b) below.

Board of Adjustment. The Board of Adjustment shall review and issue certificates of appropriateness, in accordance with the provisions of N.J.A.C. 7:50-6.155, Evaluation of Development Proposals, and 7:50-6.156, Treatment of Resources, for any application for development which it is otherwise empowered to review.

Certificates of appropriateness required. Certificates of appropriateness shall be required for the following:

Construction, encroachment upon, alternation, remodeling, removal, disturbance or demolition of any resource designated by the Township Council or the Pinelands Commission, pursuant to N.J.A.C. 7:50-6.154, Designation of Historic Resources and Districts, or any action which renders such a site inaccessible; and

Development not otherwise exempted from review, pursuant to Subsection B(1), where a significant resource has been identified pursuant to Subsection S(4) below.

Applications for certificates of appropriateness. Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b), Treatment of Resources.

Cultural resources survey.

A cultural resource survey shall accompany all applications for development in the BVR-40 zone or in the Whiting Town (WT) zones and all applications for major developments in other Pinelands Management Areas in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in N.J.A.C. 7:50, Appendix B, of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local, and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey. The Pinelands Commission shall assume the responsibility for completing a cultural resource survey when a request to do so is submitted pursuant to N.J.A.C. 7:50-6.43(b) in conjunction with an application for a forestry operation.

Survey exemptions. Notwithstanding Subsection S(4)(a) above, the need for a cultural resource survey may be:

Eliminated by the local approval agency in portions of Whiting Town or Beckerville Village if there is insignificant evidence of cultural activity within the area or, in the case of archaeological resources, within the vicinity; and

Waived by the Pinelands Commission or by an approval agency for individual applications for development if it is determined that:

There is insufficient evidence of cultural activity on the project site, or, in the case of archaeological resources, within the vicinity; or

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

The evidence of cultural activity lacks any potential for significance pursuant to the standards of N.J.A.C. 7:50-6.154 and Subsection S(4)(c) below.

Determination of significance. The Planning Board shall utilize the standards herein in identifying areas, sites, structures or districts as resources of significance in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and recommending that the Township Council designate same by ordinance. A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology, or culture under one or more of the following criteria:

The presence of structures, sites or areas associated with events of significance to be cultural, political, economic or social history of the nation, state, local community or the Pinelands; or

The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or

The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands; or

The presence of a site or area which has yielded or is like to yield significant information regarding the history or archaeological history of the Pinelands.

Effect of issuance of certificate of appropriateness.

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection S(5)(b) below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection S(4) above shall be valid for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, Designation of Historic Resources and Districts, or by the Township Council pursuant to N.J.S.A. 40:55D-12 et seq. within two years, the historic resource standards of this section shall not apply to the cultural resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

Documentation required for sites with sufficient remains. The following information will be required to document resources which are not found to be significant, but which are otherwise found to present graphic evidence of a cultural activity:

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

Emergency provisions. If at any time after construction has been commenced, archaeological data is discovered on a site, the developer shall immediately cease construction, notify the Pinelands Commission, Planning Board and Construction Official; and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for Recovery of Scientific, Prehistoric, Historic, and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery (36 CFR Part 66).

§ 245-33 Pinelands Area Zoning Districts.

Schedules of development. Schedule B, Schedule of General Requirements, Pinelands Area Zoning District, and Schedule C, Beckerville Village and Whiting Town Zoning Districts Schedule, are hereby made a part of this chapter.[1]

Editor's Note: The schedules are included in Appendix 6 at the end of this chapter.

PPA Pinelands Preservation Area. Minimum standards governing the distribution and intensity of development in the Pinelands Preservation Area are hereby established in accordance with N.J.A.C. 7:50-5.22 et seq.

Permitted uses. The following uses will be permitted in the Pinelands Preservation Area of Manchester Township subject to the environmental standards of § 245-32 above.

Detached single-family dwellings on lots of 3.2 acres in accordance with § 245-32A(4).

Detached single-family dwellings on lots of one acre in accordance with § 245-32A(6).

Agricultural employee housing as an element of, and accessory to, an active agricultural operation.

Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.

Forestry.

Beekeeping.

Fish and wildlife management and wetlands management.

[Amended 12-12-2011 by Ord. No. 11-025]

Low-intensity recreational uses, provided that:

The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

The recreational use does not involve the use of motorized vehicles except for necessary transportation.

Access to bodies of water is limited to no more that 15 linear feet of frontage per 1,000 feet of water body frontage.

The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

No more than 1% of the parcel will be covered with impervious surfaces.

[Amended 12-12-2011 by Ord. No. 11-025]

Expansion of intensive recreational uses, provided that:

The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.

The use is environmentally and aesthetically compatible with the essential character of the Pinelands Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden available public services.

Public service infrastructure which is necessary to serve only the needs of the PPA Pinelands Preservation Area District uses.

Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Preservation Area District only in accordance with § 245-32K(2)(b) and N.J.A.C. 7:50-6.84(a)2.

Communication cables not primarily intended to serve the needs of the PPA Pinelands Preservation Area District may be permitted, provided that they are installed within existing developed rights-of-way and are installed underground or are attached to road bridges, where available, for the purpose of crossing water bodies or wetlands.

Continuation of resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6.63, Part VI.

[Amended 7-26-1999 by Ord. No. 99-026]

Pinelands development credits.

[Amended 7-26-1999 by Ord. No. 99-026]

Signs. Signs shall be permitted in accordance with § 245-32N.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Minimum lot sizes for nonresidential uses. Notwithstanding the minimum lot areas set forth above or in Schedule B, no such minimum lot area for a nonresidential use in the PPA zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

PFA-S Pinelands Forest Area - Sending. Minimum standards governing the distribution and intensity of development and land use in the Pinelands Forest Area - Sending District shall be as follows:

Permitted uses. The following uses will be permitted in the Pinelands Forest Area - Sending District of this chapter and subject to the environmental standards of § 245-32:

Residential dwelling units on lots 3.2 acres in accordance with § 245-32A(4).

Single-family residential dwelling units. Clustering of the permitted single-family dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

[Amended 12-12-2011 by Ord. No. 11-025]

Permitted density shall be one unit per 20 acres;

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection C(1)(b)[1] above. If the development area identified pursuant to Subsection C(1)(b)[3] below is located on contiguous lands in a PFA-R Pinelands Forest Receiving Zone, a bonus shall be applied as follows:

For parcels under 50 acres in size: zero bonus units.

For parcels between 50 and 99.99 acres in size: twenty-percent bonus.

For parcels between 100 and 149.99 acres: twenty-five-percent bonus.

For parcels of 150 acres or more in size: thirty-percent bonus.

The residential cluster shall be located on the parcel such that the development area:

Is located proximate to existing roads;

Is located proximate to existing developed sites on adjacent or nearby parcels;

Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

Conforms with the minimum standards of § 245-32, Pinelands Area development.

Development within the residential cluster shall be designed as follows:

Residential lots shall be a minimum of one acre in size within a PFA-S Zone but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

[Amended 6-25-2012 by Ord. No. 12-015]

Lot width and yard requirements shall be consistent with those set forth in Schedule A[2] for the PRA Zone;

Editor's Note: Schedule A is included at the end of this chapter.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the water quality standards of § 245-32K(2)(d) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 245-(2)(e) or (g) shall also be permitted;

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

Detached single-family dwellings on lots of one acre in accordance with § 245-32A(6).

Agriculture.

Agricultural employee housing as an element of, and accessory to, an active agricultural operation.

Forestry.

Low-intensity recreational uses, provided that:

The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

The recreational use does not involve the use of motorized vehicles except for necessary transportation.

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

No more than 1% of the parcel will be covered with impermeable surfaces.

Expansion of intensive recreational uses, provided that:

The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment;

Public service infrastructure intended to primarily serve only the needs of the Pinelands. Centralized wastewater and collection facilities shall be permitted to service the Pinelands Forest Area Sending District only in accordance with § 245-32K(2)(b) of this chapter and N.J.A.C. 7:50-6.84(a)2. Communication cables not primarily intended to serve the needs of the Pinelands Forest Area Sending District may be permitted, provided that they are installed within existing developed rights-of-way and are installed underground or are attached to road bridges, where available, for the purpose of crossing water bodies or wetlands.

Institutional uses, provided that:

The use does not require or will not generate subsidiary or satellite development in the Pinelands Forest Area - Sending (PFA-S) or Pinelands Forest Area - Receiving Zones (PFA-R).

The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.

The use is primarily designed to serve the needs of the Pinelands Forest Area - Sending (PFA-S) or Pinelands Forest Area - Receiving Zones (PFA-R).

Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand and gravel as raw products, provided that:

The parcel proposed for development has an area of at least five acres.

The principal raw material for the proposed use is found or produced in the Pinelands.

The use does not require or will not generate subsidiary or satellite development in a Forest Area (PFA-S or PFA-R).

Agricultural commercial establishments excluding supermarkets, restaurants, and convenience stores, provided that:

The principal goods or products available for sale were produced in the Pinelands.

The sales area of the establishment does not exceed 5,000 square feet.

Fish and wildlife management areas and wetlands managment.

[Amended 12-12-2011 by Ord. No. 11-025]

Continuation of resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6.63, Part VI.[3]

Editor’s Note: Former Subsection C(1)(o), regarding Pinelands development credits, which immediately followed, was repealed 12-10-2018 by Ord. No. 18-034.

Signs. Signs shall be permitted in accordance with § 245-32N.

Accessory uses. As defined in Article II, Terminology, of this chapter.

Conditional uses. The following uses will be permitted in the PFA-S District of this chapter upon obtaining a conditional use permit pursuant to Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

Campgrounds.

Roadside retail sales and service establishments, provided that:

The parcel proposed for development has roadway frontage of at least 50 feet.

No portion proposed of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979.

The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.

Detached single-family dwellings which are not clustered in accordance with the standards of Subsection C(1)(b) above may be permitted, provided that:

[Added 12-12-2011 by Ord. No. 11-025]

The Planning Board finds that:

Clustering of the proposed dwellings would be inconsistent with the standards of Article IV, Pinelands area development standards; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development; and

Minimum lot area: 25 acres.

Substandard lots. Notwithstanding any other provision of this article, the owner of a parcel of land of one acre or more in the Pinelands Forest Area Sending District, shall be exempt from the density limitations of this chapter, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;

The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains any substantial improvements; and

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

Area, yard and building requirements: as specified in Schedule B[4] of this chapter. Notwithstanding the minimum lot areas set forth in Schedule B, no such minimum lot area for a nonresidential use in the PFA-S Zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

[Added 12-12-2011 by Ord. No. 11-025]

Editor's Note: Schedule B is included as an attachment to this chapter.

PFA-R Pinelands Forest Area - Receiving District. Minimum standards governing the distribution and intensity of development and land use in the Pinelands Forest Area - Receiving Zone are as follows:

Permitted uses. The following will be permitted in the Pinelands Forest Area - Receiving Zone of this chapter and subject to the environmental standards of § 245-32:

Residential dwelling units on lots of 3.2 acres in accordance with § 245-32A(4).

[Amended 12-12-2011 by Ord. No. 11-025]

Permitted density shall be one unit per 20 acres;

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in § 245-33D(1)(b)[1] above, with a bonus applied as follows:

For parcels under 50 acres in size: zero bonus units.

For parcels between 50 and 99.99 acres in size: twenty-percent bonus.

For parcels between 100 and 149.99 acres: twenty-five-percent bonus.

For parcels of 150 acres or more in size: 30 percent bonus

The residential cluster shall be located on the parcel such that the development area:

Is located proximate to existing roads;

Is located proximate to existing developed sites on adjacent or nearby parcels;

Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

Conforms with the minimum standards of § 245-32, Pinelands Area development.

Development within the residential cluster shall be designed as follows:

Residential lots shall be a minimum of 44,000 square feet in area except for existing corner lots which shall be 66,000 square feet in area. In no case shall the average size of residential lots within a cluster exceed 49,500 square feet;

[Amended 6-25-2012 by Ord. No. 12-015]

Lot width and yard requirements shall be consistent with those set forth in Schedule A[5] for the PRA Zone;

Editor's Note: Schedule A is included as an attachment to this chapter.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the water quality standards of § 245-32K(2)(d) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the water quality standards of § 245-32K(2)(e) or (g) shall also be permitted;

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

Agriculture.

Agriculture employee housing as an element of, and accessory to, an active agriculture operation.

Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Forest Area - Receiving Zone only in accordance with § 245-32K(2)(b).

Institutional uses, provided that:

The use does not require or will not generate subsidiary or satellite development in the Pinelands Forest Area - Receiving or Pinelands Forest Area - Sending Zone.

The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.

The use is primarily designed to serve the needs of the Pinelands Forest Area-Receiving and Pinelands Forest Area - Sending Zones.

Signs. Signs shall be permitted in accordance with § 245-32N.

Accessory uses. As defined in Article II, Terminology, of this chapter.

The following uses will be permitted in the PFA-R Zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:

[Amended 12-12-2011 by Ord. No. 11-025]

Detached single-family dwellings on lots of at least 40,000 square feet in area, provided that:

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot to be developed, equals at least 20 acres;

All noncontiguous lands acquired pursuant to Subsection D(4)(a)[1] above, which may or may not be developable, are located within the PFA-S Zone;

All noncontiguous lands acquired pursuant to Subsection D(4)(a)[1] and [2] above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the municipality or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this Chapter 245;

Tax assessments for the acquired noncontiguous lands are combined and assigned to the lot to be developed; and

The lot to be developed otherwise meets the minimum standards of § 245-32 of this chapter.

Detached single-family dwellings which are not clustered in accordance with the standards of § 245-33D(1)(b) above, provided that:

The Planning Board finds that:

Clustering of the proposed dwellings would be inconsistent with the standards of § 245-32 of this Chapter 245; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development; and

Minimum lot area: 20 acres.

Substandard lots. Notwithstanding any other provision of this article, the owner of a parcel of land of one acre or more in the Forest Area - Receiving District, shall be exempt from the density limitations of this chapter, provided that:

The dwelling unit will be the principal residence of the property owner or member of the immediate family of the property owner;

The parcel was not in common ownership with a contiguous land on or after February 8, 1979 that contains any substantial improvements; and

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

PR-40 Pinelands Single-Family Residential Zone.

Permitted and conditional uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands Environmental Standards of § 245-32.

[Amended 11-13-2017 by Ord. No. 17-025]

Pinelands development credits. Pinelands development credits may be accommodated in this zone in the following manner and as per § 245-32C:

In the event that there is a request for a subdivision of more than 25 units, there shall be permitted a density bonus of 0.5 unit per acre added to the density of an R-40 subdivision.

In the event there is a request for a subdivision of more than 25 units, the following lot standards for square footage, bulk and setback requirements shall apply, provided that the above bonus density is not exceeded. This zoning option shall only be permitted upon successful implementation and purchase of Pinelands development credits pursuant to § 245-32C; and, that the subdivision will be serviced by public sewer and water. The lot standards shall be as follows:

Minimum lot area in square feet: 20,000.

Minimum lot width in feet: 125.

Minimum front yard, principal building, in feet: 50.

Minimum side yard, principal building, in feet: 20.

Minimum rear yard, principal building, in feet: 25.

Minimum side yard, accessory building, in feet: 10.

Maximum percent lot coverage: 25%.

Maximum building height in feet: 35.

PR-A Pinelands Rural Agricultural Zone.

Permitted and conditional uses.

[Amended 11-13-2017 by Ord. No. 17-025]

All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands Environmental Standards of § 245-32.

Planned retirement communities.

Pinelands development credits. Pinelands development credits may be accommodated in this zone in the following manner and as per § 245-32:

In the event that there is a request for a planned retirement community in the PR-A Zone, there shall be permitted a base density of five units per acre, provided, however, that such density may be increased to eight units per acre by the accommodation of the applicable Pinelands development credits.

PR-15 Pinelands Single-Family Residential Zone. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F), subject to the Pinelands Environmental Standards of § 245-32.

[Amended 11-13-2017 by Ord. No. 17-025]

(Reserved)[6]

Editor’s Note: Former Subsection H, PRC Pinelands Retirement Community, was repealed 11-13-2017 by Ord. No. 17-025.

(Reserved)[7]

Editor’s Note: Former Subsection I, PR/RCL, Pinelands Retirement Community/Residential Cluster, as amended, was repealed 11-13-2017 by Ord. No. 17-025.

(Reserved)[8]

Editor’s Note: Former Subsection J, Pinelands Mobile Home Park, was repealed 11-13-2017 by Ord. No. 17-025.

PB-1 Pinelands Business Zone.

Permitted uses. As specified in Schedule G, Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[9] subject to the environmental standards of § 245-32.

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Conditional uses. The conditional uses specified in Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.[10]

Editor's Note: The schedules are included at the end of this chapter.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified for the WTR-40, WTR-14AF or WTR-15AF zone in Schedule B, Subsection A, of this section.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. Signs shall be permitted in accordance with § 245-32N of this chapter.

Variances for residential development. Any residential development in the PB-1 Zone which is approved by variance shall require that Pinelands development credits be used for all dwelling units in such development.

POR-LI Pinelands Office, Research and Light Industrial.

Permitted uses. As specified in the Pinelands Nonresidential Zoning District Permitted and Conditional Use Schedule subject to the environmental standards of § 245-32.[11]

Editor's Note: The schedules are included at the end of this chapter.

Conditional uses. The conditional uses specified in the Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule[12] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified in Schedule B,[13] as referenced in Subsection A of this section.

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. Signs shall be permitted in accordance with § 245-32N.

Variances for residential development. Any residential development in the POR-LI Zone which is approved by variance shall require that Pinelands development credits be used for all dwelling units in such development.

BVR-40 Beckerville Village Residential.

[Amended 11-13-2017 by Ord. No. 17-025]

Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the BVR-40 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

WTRA Whiting Town Rural Agricultural Zone.

Permitted uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands environmental standards of § 245-32. Pinelands development credits may not be applied within this zone; therefore, the density of a planned retirement community may not exceed five dwelling units per acre.

[Amended 11-13-2017 by Ord. No. 17-025]

Variances for residential density or nonresidential development. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTRA Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

WTR-40 Whiting Town Single-Family Residential.

[Amended 11-13-2017 by Ord. No. 17-025]

Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTR-40 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.[14]

Editor's Note: The schedules are included at the end of this chapter.

WTRC Whiting Town Retirement Community.

[Amended 11-13-2017 by Ord. No. 17-025]

Conditional uses. Planned retirement communities in accordance with § 245-67; age-restricted garden apartments - affordable in accordance with § 245-69; senior citizen light care in accordance with § 245-73; and continuing care for the elderly in accordance with § 245-75. Pinelands development credits may not be applied within this zone; therefore, the density of a planned retirement community may not exceed five dwelling units per acre.

[Amended 5-9-2005 by Ord. No. 05-017]

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified in the schedule referenced in Subsection A of this section.[15]

Editor's Note: The schedules are included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. Signs shall be permitted in accordance with § 245-32N.

Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTRC Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.[16]

[16]

Editor's Note: The schedules are included at the end of this chapter.

(Reserved)[17]

[17]

Editor’s Note: Former Subsection Q, WTR-10AF and WTR-14AF Whiting Town Single-Family Residential Zones, was repealed 11-13-2017 by Ord. No. 17-025.

WTB-1 Whiting Town Business.

Permitted uses. As specified in Schedule G, Pinelands Nonresidential Zoning District Permitted and Conditional Use Schedule,[18] subject to the environmental standards of § 245-32.

[18]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Conditional uses. The conditional uses specified in the Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[19] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[19]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified in the schedule referenced in Subsection A of this section.[20]

[20]

Editor's Note: The schedules are included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. Signs shall be permitted in accordance with § 245-32N.

Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTB-1 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

WTO-P Whiting Town Office Professional.

Permitted uses. As specified in the Pinelands Nonresidential Zoning District Permitted and Conditional Use Schedule,[21] subject to the environmental standards of § 245-32.

[21]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Conditional uses. The conditional uses specified in the Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule[22] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[22]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified in the schedule referenced in Subsection A of this section.[23]

[23]

Editor's Note: The schedules are included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. Signs shall be permitted in accordance with § 245-32N.

Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTO-P Zone shall require that Pinelands development credits be used for all dwelling units for lots in excess of that otherwise permitted without the variance.

WTHD Whiting Town Highway Development.

Permitted uses. As specified in the Pinelands Nonresidential Zoning District Permitted and Conditional Use Schedule,[24] subject to the environmental standards of § 245-32.

[24]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Conditional uses. The conditional uses specified in Schedule G, Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[25] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.

[25]

Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.

Permitted accessory uses. As defined in Article II, Terminology, of this chapter.

Yard, area, and building requirements. As specified in the schedule referenced in Subsection A of this section.[26]

[26]

Editor's Note: The schedules are included in Appendix 6 at the end of this chapter.

Off-street parking, loading and vehicular access.

As per § 245-28 of this chapter as defined for that particular use.

Signs. Signs shall be permitted in accordance with § 245-32Q.

Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTHD Zone shall require that Pinelands development credits be used for all dwelling units for lots in excess of that otherwise permitted without the variance.

M-I Military Installation.

Any uses associated with the function of the federal installation may be permitted, provided that:

Where feasible, development shall be located in that portion of the installation located within the Pinelands Protection Area;

The use shall not require any development, including public service infrastructure, in the PPA Preservation Area District or in the Pinelands Forest Area;

All development undertaken by the federal government substantially meets the standards of N.J.A.C. 7:50-6 of the Pinelands Comprehensive Management Plan or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV; and

No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78.

Any other public purpose use undertaken by or on behalf of another level of government may be permitted, provided that:

The use is sanctioned by the installation;

The use is located within a substantially developed area which is served by a centralized sewer treatment and collection system;

No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78; and

All development meets the standards of N.J.A.C. 7:50-6 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.

PED Pinelands Environmental Development.

[Added 5-29-2007 by Ord. No. 07-018]

Purpose. The purpose of the Pinelands Environmental Development District is to permit low-density residential development with a development option for a planned retirement community that requires development to be located away from environmentally sensitive lands, particularly those that are identified as habitat areas for threatened and/or endangered species to designated development "receiving areas." The Pinelands Environmental Development District is comprised of a PED-9 Zone and a PED-1 Zone. The PED-9 Zone would permit single-family detached housing on nine-acre lots and the PED-1 Zone would permit single-family detached housing units on one-acre lots. The PED-9 Zones would require cluster development for permitted development of single-family homes along roadway frontage in the southern portion of the district away from the Toms River to the greatest extent practicable. The Pinelands Environmental Development District permits development at a higher density for planned retirement communities, provided that all development from the PED-9 and the PED-1 Zones is clustered within the PED-1 Zone. Planned retirement community housing units from designated sending areas within the Jackson Township PED Zone are also permitted to be developed within the PED-1 Zone in Manchester Township, provided that the lands in Jackson Township from which the housing units are transferred are deed restricted in accordance with Pinelands Commission regulations for intermunicipal development transfers.

The maximum number of housing units within a planned retirement community within the designated PED-1 Planned Environmental Development District - 1 shall not exceed the number of housing units as follows:

A maximum of 350 single-family detached age-restricted housing units shall be permitted on Lot 30 and that portion of Lot 31 that is located within the PED-1 Zone in Block 62 in Manchester Township as specified in the Builders' Remedy Settlement Agreement known as Manchester Development Group LLC, et al vs. Manchester Township for the Stavola Tract. Additional housing units may be permitted, provided that the units are deed-restricted as affordable housing units in accordance with Subsection V(2)(d) below.

A maximum of 250 single-family detached age-restricted housing units may be transferred from Lot 1, containing 97.51 acres, and Lot 2, containing approximately 134.97 acres in Block 22501, as shown on Tax Map Sheet 25 (2007) of Jackson Township to the PED-1 Zone in Manchester Township as described in Subsection V(2)(a) above.

Any planned retirement community shall be approved by the Manchester Township Planning Board in accordance with an intermunicipal agreement between Manchester and Jackson Townships, provided that the PED-1 and PED-9 Zones in both municipalities are developed in accordance with requirements of planned development in N.J.S.A. 40:55D-65 and provisions of an overall general development plan in accordance with N.J.S.A. 40:55D-D-45. Upon the execution of such an intermunicipal agreement, the number of housing units within the planned retirement community within the PED-1 Zone within the Township of Manchester shall not exceed 600 market-rate, age-restricted housing units.

In the event that the developer (or developers) proposes to develop required affordable housing units on site in accordance with the settlement agreement within the PED-1 Zone, the total number of market-rate, age-restricted and non-age-restricted affordable housing units and shall not exceed 350 market rate age-restricted housing units and shall not exceed 35 age-restricted and/or non-age-restricted affordable housing units, for a total of 385 total housing units.

Housing units transferred from Jackson Township shall be required to conform with the COAH Round 3 Growth Share requirements provided in N.J.A.C. 5:94, as may be revised, including the number, age restriction, affordability, affirmative marketing, rental and deed restriction and other requirements for affordable housing units as contained in Article XI of this chapter.

Permitted uses.

Single-family detached housing in accordance with following:

PED-9. One single-family housing unit per nine acres (0.111 housing units/acre) shall be permitted. All development shall be clustered on lots of one acre in size along existing roadways or on new roadways that are developed along the upland edge of the PED-9 Zoning District away from the Toms River to the greatest extent practicable. All development shall be located on the tract to maximize the protection of threatened and/or endangered species habitat, including dedication of a conservation easement a minimum of 600 feet measured from the delineated wetlands along the main branch of the Toms River. Lot width shall not be less than 200 feet. Permitted development may be transferred to a PED-1 Zoning District with the use of PED Planned Retirement Community Option in accordance with Subsection V(3)(b) below.

PED-1. One single-family housing unit per 3.2 acres (0.313 housing units per acre) shall be permitted. All development shall be clustered on lots of one acre in area with a minimum lot width of 200 feet. Pinelands development credits shall be acquired and redeemed at the rate of one right (0.25 credits) for every 3.33 non-income-restricted housing units (30% of all market-rate residential units).

PED Planned Retirement Community Development Option. The PED Planned Retirement Community option shall be permitted within the PED-1 and PED-9 Zones within Manchester Township, provided that:

The development is serviced by public sanitary sewer and public water;

The PRC shall conform with the age, design standards, development regulations and application procedures for planned retirement communities contained in § 245-67;

A contribution shall be made to the Manchester Township Park and Open Space Fund in an amount to be determined in accordance with the settlement agreement approved by the Court;

The maximum number of housing units within the PRC shall not exceed 350 market-rate age-restricted housing units and not more than 35 affordable age-restricted and non-age-restricted housing units in accordance with the MDG, et al vs. Manchester Township Settlement Agreement approved by the Court; however, an additional 250 market-rate, age-restricted housing units and required age-restricted and/or non-age-restricted affordable housing units in accordance with N.J.A.C. 5:94, as may be amended, shall be permitted upon execution of an interlocal municipal agreement between Manchester Township and Jackson Township to permit the transfer of development rights from Block 22501, Lots 1 and 2, from Jackson Township to Block 62, Lot 30, and that portion of Lot 31 located within the PED-1 Zone in Manchester Township;

The planned retirement community development shall include all lands located within the PED-1 and PED-9 Zones in Manchester Township;

All development, including any clubhouses, community buildings, intensive recreational facilities and stormwater management facilities, shall be located entirely within that portion of the tract in the PED-1 Zone. No development shall be permitted within that portion of the tract in the PED-9 Zone, with the exception of sewer interceptors designed only to provide sewer service to the planned retirement community;

A physical barrier designed to limit movement of threatened and endangered species from the PED-9 Zone to the development areas within the PED-1 Zone shall be provided if requested by the Pinelands Commission;

All lands to be included within a planned retirement community which are located in the PED-9 Zone may be used for purposes of calculating gross residential density and for purposes of complying with the common open space requirements of § 245-67D(4). All lands within the PED-1 Zone shall thereafter be permanently dedicated as open space through recordation of a deed restriction on the property providing for no development, except low-intensity recreational uses. Any such deed restrictions shall be in a form approved by the Township Attorney and the Pinelands Commission;

[Amended 12-12-2011 by Ord. No. 11-025]

Pinelands development credits shall be acquired and redeemed at the rate of one right (0.25 credits) for every 3.33 non-income-restricted housing units 30% of all market rate residential units) developed in the PED-1 Zone pursuant to Subsection V(2)(a).

All development within the PED-1 and PED-9 Zones shall provide for an affordable housing component of 10% in accordance with affordability controls established by the New Jersey Council on Affordable Housing Rules in N.J.A.C. 5:94-7, Controls on Affordability and Affirmative Marketing, and Article XI of this chapter. The affordable housing component shall consist of a minimum of 5% being constructed on-site or off-tract within the Township in accordance with a plan approved by the Manchester Township Council with a minimum of 50% low-income and not more than 50% moderate-income housing units. The remaining 5% shall be provided in the form of affordable housing units constructed off-tract consisting of a minimum of 50% low-income and not more than 50% moderate-income housing units through a contribution to the Manchester Township Affordable Housing Trust Fund for development of low- and moderate-income housing units within the Township or for affordable housing credits granted through a regional contribution agreement in accordance with New Jersey Council on Affordable Housing Rules at N.J.S.A. 5:94.5, Regional Contribution Agreements.

Variances for residential density or nonresidential development. Any municipal variance approval which grants relief from the lot area or density requirements set forth in Subsection V(2) or in Schedule C for a residential use in the PED-1 Zone shall require that Pinelands development credits be used for all housing units or lots in excess of that otherwise permitted without the variance. In the event that a variance for a nonresidential use not otherwise permitted in the PED-1 Zone is granted by the Township, Pinelands development credits shall be required at a rate of 50% of the maximum permitted for Pinelands development credit use in the PED-1 Zone for parcels under 10 acres in size; at 75% of the maximum permitted rate for parcels between 10 and 20 acres in size; and at 100% of the maximum permitted rate for parcels over 20 acres in size.

PRC-1 Pinelands Retirement Community.

[Added 5-29-2007 by Ord. No. 07-018]

Permitted and conditional uses.

[Amended 11-13-2017 by Ord. No. 17-025]

All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F).

Planned retirement community per § 245-67, subject to the following as specified in the Builders' Remedy Settlement Agreement known as Manchester Development Group LLC, et al vs. Manchester Township:

The maximum number of market-rate housing units shall not exceed 400 housing units for the Pulte Homes Tract;[27]

[27]

Editor’s Note: Former Subsection W(1)(b)[2], regarding the maximum number of market-rate housing units permitted for the MDG Tract, and which immediately followed this subsection, was repealed 7-10-2017 by Ord. No. 17-008.

Retirement community multifamily housing. Retirement community multifamily housing may be permitted as a component of a planned retirement community, provided:

Not more than 25% of the units shall be multifamily units.

Multifamily structures shall be a maximum of three habitable stories and one story of vehicular parking. The maximum building height shall be 45 feet.

The maximum number of housing units per building shall be 24.

Multifamily buildings shall be separated from adjacent structures by a distance equal to the height of the tallest of the adjacent structures.

Permitted accessory uses. Permitted accessory uses shall be the same as those permitted in the RA Zone.

Conditional uses.

Senior citizen light care subject to the provisions of § 245-73.

Continuing care for the elderly per § 245-75, subject to the density standards of Subsection W(1)(b) above.

Yard, area, and building requirements. All development in the PRC-1 Zone shall be located so as to maximize the protection of threatened and endangered species habitat, including dedication of a conservation easement a minimum of 150 feet measured from the delineated wetlands along the Cabin Branch.

Off-street parking, loading and vehicular access. Off-street parking, loading and vehicular access shall be the same as required in the RC Zone.

Signs. Signs shall be permitted in accordance with § 245-27 of this chapter.

Pinelands development credits. Pinelands development credits shall be purchased and redeemed for 30% of all units, excluding up to 20% of the total project units that are made affordable for low- and moderate-income households in accordance with applicable state law. Units made affordable for low- and moderate-income households that account for more than 20% of the total project units shall purchase and redeem Pinelands development credits for 30% of all such units.

[Amended 11-13-2017 by Ord. No. 17-025]

PAF-1 Pinelands Affordable Housing Zone.

[Added 7-10-2017 by Ord. No. 17-008]

Purpose. The purpose of the PAF-1 Pinelands Affordable Zone is to provide for multifamily housing for low- and moderate-income households required in accordance with the settlement agreement between the Manchester Development Group, LLC and Manchester Township, through the development of 404 multifamily residential units, of which 20% shall be reserved for occupancy by low-income and moderate-income households ("affordable units"), as defined by COAH regulations and the regulations of the Uniform Housing and Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

Permitted uses.

Multifamily residential units, including garden apartments.

Attached single-family residential units (i.e., townhomes).

Minimum tract size. The entire 89 acres of the MDG tract, consisting of Lots 15, 16 and 33 in Block 62 in the Township of Manchester, shall be developed as a planned multifamily residential development.

Maximum development yield. The maximum total number of dwelling units shall be 404 total residential dwelling units, consisting of a mix of multifamily apartments and townhouses with a maximum of 60% of the units within the MDG project consisting of apartments and the remaining 40% of units consisting of townhome units.

Affordable housing requirement.

The applicant shall provide for a twenty-percent inclusionary component. The type, construction and distribution of affordable housing units shall conform to the regulations in effect by COAH, by the Department of Community Affairs or such other state agency designated as the regulatory agency for affordable housing and affordable housing construction in New Jersey at the time of the issuance of the first building permit for the development.

Affordable units shall be integrated with the market-rate units.

All affordable units shall be family rentals. The market-rate units may be for sale or for rent.

Phasing for construction of the affordable units shall be in accordance with COAH's phasing schedule established by N.J.A.C. 5:93-5.6(d).

All affordable units shall comply with COAH's rules, including, but not limited to, those concerning:

Income qualification;

Controls on affordability for a period of 30 years;

Deed restrictions;

Bedroom distribution;

Low/moderate income split;

Affirmative marketing; and

Handicap accessibility.

All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years.

Setback from existing public streets. All buildings, and other aboveground improvements, with the exception of access drives or access roadways, parking areas, landscaping and screening areas, shall be set back a minimum of 75 feet from the right-of-way of existing public streets. Parking areas and associated lighting shall be a minimum of 25 feet from the right-of-way of all public streets.

Setback from other property lines. All buildings, and other aboveground improvements, including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 50 feet from all side and rear lot lines.

Minimum width of any apartment unit or attached single-family housing unit: 20 feet.

Maximum building length. No principal building, when viewed from any elevation, shall be greater than 208 feet in length.

[Amended 8-12-2019 by Ord. No. 19-026]

Distance between principal buildings and internal drives. No multifamily dwellings shall be located closer than 20 feet to any access drive or internal roadway.

Distance between principal buildings and parking areas. No multifamily building shall be located closer than 12 feet to any parking area. No single-family housing unit shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports which are attached to principal buildings.

Maximum building height: 45 feet.

(13)

Maximum number of stories: three stories.

(14)

Maximum number of units per structure.

Multifamily residential: 24 units.

[Amended 8-12-2019 by Ord. No. 19-026]

Attached single-family: eight units.

(15)

Minimum distance between buildings.

For multifamily residential buildings oriented essentially at 90° to each other, the minimum distance between same shall be 30 feet, or the height of the tallest of the two buildings, whichever is greater.

For multifamily residential buildings oriented essentially end to end to each other, the minimum distance between same shall be 30 feet, or 1.5 times the height of the tallest of the two buildings, whichever is greater.

For multifamily residential buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 40 feet, or twice the height of the tallest of the two buildings, whichever is greater.

(16)

Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest building or building wing.

(17)

No portion of any dwelling unit shall be lower than the outside finished grade (excluding the basement portion of the dwelling unit). No depressed siting shall be permitted.

(18)

Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, and suitably arranged throughout the multifamily development. In addition, an active recreation area or areas shall be provided at the rate of at least 150 square feet per dwelling unit. Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size of at least equivalent to six square feet per unit, except that no pool less than 500 square feet will be allowed, and no pool greater than 3,000 square feet shall be required. A clubhouse, auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools. Applicants proposing two or more distinct projects in one development may request a waiver of the active recreation component of one housing project upon the demonstration of a low demand for a portion of the recreational component.

[Amended 8-12-2019 by Ord. No. 19-026]

(19)

Off-street parking, loading and vehicular access requirements. Off-street parking, loading and vehicular access shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21.

(20)

Utility requirements. The applicant for the site plan approval shall arrange with the serving utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utility Commissioners. All multifamily and attached single-family development shall be served by public sewer and public water in accordance with the requirements of the Manchester Township Department of Utilities.

[Amended 11-28-2016 by Ord. No. 16-037; 8-8-2022 by Ord. No. 22-23]

(21)

Landscaping and buffer requirements. All areas not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped or grassed. All trees within 20 feet of the perimeter boundary of the affordable housing site shall be preserved. When no trees exist within 20 feet of the perimeter boundary of the affordable housing site, or when the existing trees must be removed for grading purposes, the developer shall plant trees within such twenty-foot perimeter at the rate of one tree per 200 square feet.

(22)

Garages and/or carports, when not attached to a principal building, shall be located no closer than 40 feet to a facing wall of a principal building containing windows, nor closer than 20 feet to a facing wall of a principal building which does not contain windows.

(23)

Garage and/or carport parking spaces shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.

(24)

Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection.

(25)

Interior roads and driveway location roads. Roads may be private or public, at the election of the developer. In the event the roads are private, then such private roads shall be the responsibility of a homeowners' association. In such event, the provisions of the Municipal Services Act[28] shall be applicable. In the event such roads are public, then such public roads shall be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.

[28]

Editor's Note: See N.J.S.A. 40:67-23.2 et seq.

(26)

Permitted accessory uses. Permitted accessory uses usually incidental to the above uses, as specified below:

Noncommercial garage for the exclusive use of site residents only.

Noncommercial swimming pools for exclusive use of site residents.

Clubhouse for use by residents and their guests.

Maintenance building and yard.

(27)

Signs shall be installed in accordance with § 245-27E, General sign regulations. Additionally, directional signs may be permitted on the premises; however, no such sign shall exceed six square feet.

[Amended 8-12-2019 by Ord. No. 19-026]

(28)

Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandles throughout such areas from dusk to dawn. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.

(29)

Concrete walkways at least four feet wide shall be provided where normal pedestrian traffic is likely to occur.

(30)

All rooms, exclusive of living rooms, dining rooms, kitchens, bathrooms and master bedroom closets, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom. If an applicant chooses to include in its unit design other nonbedroom uses in excess of 70 square feet, it shall include a deed restriction for each unit setting forth the maximum number of bedrooms in each unit and prohibiting the conversion of dens, offices, lofts and other nonbedroom spaces and rooms into new bedroom(s).

[Amended 8-12-2019 by Ord. No. 19-026]

(31)

Minimum gross habitable floor area requirements:

One-bedroom units: 670 square feet.

[Amended 8-12-2019 by Ord. No. 19-026]

Two-bedroom units: 800 square feet.

Three-bedroom units: 1,000 square feet.

(32)

Approval.

All lands associated with the townhouses shall be dedicated to a homeowners' association, and the approving agency shall condition final approval upon the establishment of a homeowners' association.

As a condition of approval, the developer shall enter into a developer's agreement with the Township. The developer's agreement shall provide for the type and amount of performance and maintenance guarantee required, the amount of inspection fee deposit, a preconstruction conference, a timeline for the phasing of development, traffic control, a summary of improvements to be installed by the developer and the itemized cost estimate for same and, in accordance with N.J.S.A. 40:55D-42, any off-tract improvements which shall be constructed by the developer and the calculation of the developer's fair share of costs as well as any other such matters as the Planning Board shall determine to be necessary to protect public health, welfare and safety.