Township of Carneys Point, NJ Article VII General Standards

§ 212-49 Signs.

Signs shall be permitted in accordance with the standards and requirements below. No sign shall be located in the public right-of-way, but yard and district accessory use height requirements apply only as indicated.

A. In any district, in compliance with side yard and district accessory use height requirements:

(1) A nonilluminated real estate sign on an individual lot that is for sale or rent, or which has been sold or rented, not exceeding six square feet in area. Such sign shall be removed within 30 days after the date of a sale or rental agreement.

(2) On property involving more than two dwelling units or residential lots or involving nonresidential uses, not more than two nonilluminated signs advertising the sale or proposed development, each not exceeding 20 square feet area in total. Such signs shall be removed when all property has been transferred.

(3) Nonilluminated signs identifying architects, engineers, contractors, tradesmen or others engaged in construction work on the premises where the work is proceeding. One sign not exceeding six square feet in area is permitted for each trade or profession, or the allowable areas may be combined, except that no sign shall exceed 20 square feet in area.

(4) Not more than two nonilluminated identification signs for public and semipublic facilities, such as churches and schools, each not exceeding 32 square feet in area.

(5) Nonilluminated historical markers or memorials not exceeding 12 square feet in area.

B. In any commercial or industrial district, two on-site signs may be displayed in connection with each use, the total area of which shall not exceed 200 square feet nor 10 square feet of sign area for each five linear feet of principal building measured across its front or, in the case of permitted open land commercial and industrial uses, 30 square feet for each 100 linear feet of road frontage involved in the use. Freestanding signs in commercial districts shall not exceed 32 square feet. All freestanding signs shall comply with side yard requirements.

C. One nonilluminated off-site business direction sign per lot shall be permitted on CONS Conservation, A Agriculture, RR Rural Residential, LC Light Commercial and GC General Commercial Districts, provided that it does not exceed 32 square feet in area, is located at least 10 feet from any street line and 500 feet from any other off-site sign; advertiser's goods or service are provided within a distance of three miles; and it complies with all other applicable yard and height requirements. Two such off-site signs shall be permitted for any single use.

D. Any signs permitted under the terms of this chapter, except for Subsections A and C above, shall be subject to application for issuance of a zoning permit and certificate of occupancy.

E. No sign shall be erected in such a manner as to obstruct free and clear vision on any street nor interfere with, obstruct the view of or be confused with any traffic sign, signal or device. All sign lighting shall be arranged, designed and shielded or directed so as to protect the adjoining properties and streets from glare. Except in commercial and industrial districts, signs shall not be lighted with flashing light, bare bulbs or tubing such as fluorescent or neon, nor shall they be animated, revolve, swing or have movable parts.

F. No freestanding sign shall be erected to a height exceeding 25 feet.

G. Portable billboards and other off-site devices shall be prohibited in all districts, except one sign not exceeding 32 square feet as a temporary use for a period not to exceed 30 days in commercial and industrial districts and in compliance with side yard and district height requirements.

§ 212-50 Off-street parking.

A. General regulations.

(1) Adequate off-street parking space, open air or indoor, shall be provided with all new construction, the creation of new uses or the extension or alteration of existing uses, according to the standards specified below:

(a) The minimum parking stall dimension shall be nine feet in width and 18 feet in length.

(b) Access aides and driveways to parking areas shall not be less than 10 feet in width for one-way traffic and not less than 20 feet in width for two-way traffic. Entrances and exits shall be located not less than 30 feet from the intersection of any two street lines, and the arrangement of off-street parking areas providing more than two required spaces shall be such that no vehicle would have occasion to back into the street.

(c) Aisles and driveways within parking areas shall have the following minimum widths:

[1] For parallel parking: 12 feet.

[2] For thirty-degree or less angle parking: 12 feet.

[3] For forty-five-degree or less, but greater than thirty-degree, angle parking: 13 feet.

[4] For sixty-degree or less, but greater than forty-five-degree angle parking: 18 feet.

[5] For ninety-degree or less, but greater than sixty-degree, parking: 25 feet.

(d) Parking spaces shall be provided as in the Off-Street Parking Schedule of Minimum Requirements (Schedule A). When the computation to determine the number of spaces results in a requirement of a fractional space, any fraction to and including 1/2 shall be disregarded, and fractions exceeding 1/2 shall require one space.

(e) For any other uses or combination of uses which do not fit one of the categories listed in the schedule, the approving authority should determine the required number of spaces. The specified standards are to be the basis of such a determination.

(2) Existing off-street parking areas shall not be reduced or encroached upon in any way which would make them deficient for the uses served.

(3) The collective provision of off-street parking by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required for involved buildings or uses computed separately, unless it can be demonstrated to the satisfaction of the approving authority that the period of need are entirely or partially mutually exclusive.

(4) All off-street parking is to be provided on the lot or immediately contiguous to the lot.

(5) For nonresidential uses in commercial districts, required parking may be located within 150 feet of such use, said distance to be measured from the nearest point of the parking facility to the nearest point of the building served.

(6) All off-street parking areas shall be maintained with a graded dust-free surface that is well drained, such as gravel or stone for light residential and agricultural uses and blacktop or better with spaces clearly marked for all other uses.

(7) Off-street parking space, together with adequate access and maneuvering area shall be required as specified in the schedule below. When the computation to determine the number of required spaces results in a requirement of a fractional space, any fraction to and including 1/2 shall be disregarded, and fractions exceeding 1/2 shall require one space.

B. Off-Street Parking Schedule of Minimum Requirements (Schedule A).

Type of Use	Minimum Parking Spaces
Residential units:
Single-family detached or mobile homes	2 per unit, provided on the lot
Two-family units (duplex)	2 per unit, provided on the lot
Single-family attached or townhouses	2 per unit provided on the lot, plus 1 per 6 units of visitor parking, provided in off-street bays
Garden apartments	1.5 per unit, except that if 2 or more bedrooms exceed 40% of the unit total, then 1.75 per unit, provided in off street bays
Commercial establishments:
Retail store, service business	1 per 200 square feet of gross leasable area
Service stations	2.5 for each service bay
Theaters	1 for each 4 seats
Shopping centers (regional, community and neighborhood) [Amended 4-16-2008 by Ord. No. 805]	5 spaces per 1,000 square feet of gross leasable area
Banks	6 per teller window
Motels, hotels, transient guest houses	1 per room
Restaurants	1 per 2 seats devoted to service
Offices, general and professional	1 per 250 square feet of gross floor area
Research laboratories	1 per employee, plus 10%*
Wholesale stores, motor vehicle establishments, furniture store	Exclusive of storage space, 1 per 400 square feet of gross floor area, plus 1 per employee
Community facilities:
Churches, houses of worship	1 for each 3 seats**
Assembly halls, auditoriums, community centers	1 for each 100 square feet of gross floor area or 1 for each 4 seats, whichever is greater
Hospitals	1.5 per bed
Nursing homes, institutions for the aged	1 for each 3 beds
Schools:
Elementary schools, junior high schools	1 for each employee, plus 10%
High schools	10 per classroom
Colleges	1 for every 2 students, plus 1 per 4 dormitory beds
Libraries or museums	1 per 500 square feet of gross floor area
Funeral homes	10, plus 1 for each 50 square feet devoted to chapel or slumber rooms
Industrial establishments:
Industrial manufacturing use	1 per employee, plus 10%, or 1 per 750 square feet of gross floor area, whichever is greater
Storage warehouses [Amended 11-16-2020 by Ord. No. 972]	1 per employee, plus 10%, or 1 per 3,000 square feet of gross floor area, whichever is greater
Recreation facilities:
Clubs, golf clubhouses, commercial or noncommercial uses	1 for each 6 persons of rated capacity
Bowling alleys	4 spaces per alley
Skating rinks	1 space for each 120 square feet of skating area
Full-service drive-through car washes [Added 4-16-2008 by Ord. No. 805]	Not less than three spaces or one space for each employee on a maximum shift, whichever is greater
Self-service car washes [Added 4-16-2008 by Ord. No. 805]	One space per cleaning stall
Self-storage facilities [Added 4-16-2008 by Ord. No. 805]	One parking space per each employee plus one parking space per 2,000 square feet of gross floor area. In addition, one loading space shall be provided for each 20,000 square feet of gross floor area
Compressed natural gas fueling facility [Added 9-15-2021 by Ord. No. 988]	2 per each slow-fill dispenser (1 space for each dispenser fill space, l space for ancillary vehicle). No spaces required for fast-fill dispensers. Spaces must be sufficient size for larger trucks utilizing the facility.

NOTES:

* "Employee" refers to peak-shift employee.

** When benches are used: one space per 72 inches of seating area.

§ 212-51 Off-street loading.

A. Off-street loading space shall be provided with all new construction or the creation of new uses in accordance with the standards and requirements below.

B. Existing required loading areas, together with their accessways, shall not be encroached upon or reduced in any manner or devoted to any other use, and certificates of occupancy shall be invalid in the event of such an occurrence.

C. An off-street loading space, as defined in this chapter, shall be required:

(1) For each 2,500 square feet of gross floor area in a funeral home [dimensions of loading space may be reduced to 33 x 12 feet].

(2) For each 12,000 square feet of gross floor area in a commercial use or manufacturing establishment.

(3) As may be determined during site plan review for other uses and special situations involving the uses addressed in Subsection C(1) and (2) above.

D. All off-street loading spaces shall be surfaced with asphaltic or portland cement concrete, and the arrangement of off-street loading space shall be such that no vehicle shall have occasion to back into any street or road.

E. Off-street loading areas shall be so located or screened in a manner that they cannot be seen from other properties in any residential district.

F. When the computation to determine the number of required loading spaces results in a requirement of a fractional space, any fraction to and including 1/2 shall be disregarded, and fractions exceeding 1/2 shall require one space.

§ 212-52 Driveways.

Any driveway providing access from a public street to any permitted use or structure shall comply with the following regulations:

A. Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.

B. The portion of the driveway between the street line and the right-of-way line shall be paved according to Township specifications as a driveway extension.

C. Any curb opening shall be properly reconstructed to the satisfaction of the Municipal Engineer or the County Engineer along County roads. Where curbing does not exist and conditions warrant, an adequate drainpipe shall be installed by the owner at the owner's expense, as determined by the Municipal Engineer.

D. Driveway grades shall not exceed 10%.

E. Driveway widths at the street right-of-way line shall, in connection with commercial and industrial use, be a minimum of 20 feet and a maximum of 40 feet for two-way operation, a minimum of 12 feet and a maximum of 20 feet for one way operation, and a minimum of 10 feet and a maximum of 20 feet in connection with residential uses.

§ 212-53 Flood hazard areas.

The specific purpose and intent of this section is to prevent excessive and unsafe development in areas deemed unfit by reason of flood danger, unsanitary conditions and related hazards; to minimize danger to public health by protecting water supplies, recharge areas and natural drainage systems; and to promote the health, safety and welfare of Township residents and property owners in and near streams or areas subject to flooding.

A. Designation and procedures.

(1) There are hereby designated within the Township floodplain areas comprised of those sections of the Township which are shown as Zone A on the Township Flood Hazard Boundary Map prepared by the United States Department of Housing and Urban Development and having an initial identification date of November 5, 1976. Said map, together with all explanatory material shown thereon and any official revisions thereto, is hereby adopted by reference and declared to be a part of this chapter. The Township offices will be the repository for said map and the location where said map will be available for inspection during normal business hours.

(2) Applicability of floodplain zone boundaries to specific sites shall be determined by the Zoning Officer. In case of any dispute concerning the applicability of boundaries of floodplain zones to a specific site, a ruling shall be made by the Municipal Engineer.

B. Permitted uses.

(1) Within the floodway of any floodplain areas, the following uses, excluding structures, and no others shall be permitted:

(a) Pasture; grazing land.

(b) Recreational uses not requiring regrading or removal of trees, shrubs or vines, such as a park, picnic grove, boating club, but excluding closed structures or storage areas.

(c) Game farm; fish hatchery.

(d) Hunting and fishing reserve.

(e) Wildlife sanctuary, woodland preserve or arboretum.

(f) Open areas needed to meet yard and area requirements for any permitted use in this and other zoning districts as specified in this chapter.

(2) Within the remaining portions of floodplain areas, all uses listed in the Subsection B(1) above, together with those uses permitted and regulated by this chapter for the zone district in which the area is located, as said zoning districts are set forth and delineated on the Zoning Map of the Township, shall be permitted, provided that the following regulations shall apply in addition to those of any other Township ordinances:

(a) Any structure proposed to be erected, constructed or located shall not have a basement.

(b) The first-floor elevation of any new structure shall be at or above the one-hundred-year flood level as determined by the Municipal Engineer, except that nonresidential structures may alternatively be provided with acceptable floodproofing measures.

(c) Any structure or other substantial improvement, including mobile homes, shall be satisfactorily anchored to prevent flotation and lateral movement, as specified in the New Jersey Uniform Construction Code.

(d) No zoning permit shall be issued for any use requiring new or expanded water or sewer facilities, including on-site systems, without evidence of review and approval by the proper health officials and, in addition, a statement from the Municipal Engineer that said water and/or sewer facilities are so located and/or designed to avoid impairment from flooding.

(e) No zoning permit shall be issued for any site resulting from a major subdivision, subject to review and approval by the Soil Conservation District, without evidence of such approval and, in addition, an indication from that agency that surface drainage facilities are located and designed to be consistent with the need to minimize flood damage.

(f) No zoning permit shall be issued for a site located in a floodplain area occupying a riverine situation unless the applicant has demonstrated, to the satisfaction of the Municipal Engineer, that the proposed development, when combined with all other existing and anticipated uses, will not raise the one-hundred-year flood more than one foot.

(g) Whenever a Board is reviewing a proposed development, it may attach such additional conditions as necessary to meet the intent of this section.

C. Municipal liability. The granting of a zoning permit in the floodplain area shall not constitute a representation, guaranty or warranty of any kind by the Township or by any official or employee thereof of the practicability and safety or floodproof status of the proposed use, nor shall the granting of such a permit create any liability upon the Township, its officials or employees.

§ 212-54 Fences and walls. [1]

[Amended 4-22-1998 by Ord. No. 628]

A. General requirements.

(1) Fences and walls shall function to:

(a) Create privacy.

(b) Separate areas.

(c) Provide security.

(d) Screen areas from view.

(e) Aid in climate control.

(f) Serve other necessary functions.

(2) The design and materials of fences and walls shall be functional, shall complement the character of the size and type of building with which they are associated and shall be suited to the nature of the project.

(3) Walls may be constructed out of brick or stone or other maintenance-free material subject to the review and approval by the municipal agency. Concrete block, painted or unpainted, shall not be permitted.

(4) Fences may be wooden or of another material subject to the review and approval by the municipal agency.

(5) No fence or wall shall be constructed, installed or erected within a sight triangle or sight distance area so as to constitute a hazard to traffic or safety.

(6) No fence or wall shall contain spikes, barbed wire, razor-ribbon or any similar object.

(7) The following fences and fencing construction materials are specifically prohibited in all districts in the Township except for agricultural purposes: barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences.

(8) All fences and walls must be erected within the property lines, and no fence or wall shall be erected so as to encroach upon a public right-of-way.

(9) All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected. The finished side of fences and walls shall face adjacent properties.

B. Solid fences and walls hereafter erected, altered or reconstructed in the front yard area of any zone shall not exceed 30 inches.

C. Open fences located in the front yard area in any zone shall not exceed 48 inches in height. Fences exceeding 48 inches in height shall not extend forward of the front building line of any existing dwelling.

D. Fences and walls shall not exceed six feet in height above ground level when located in any side or rear yard, except as follows:

(1) In any business or industrial zone, fences or walls not exceeding eight feet in height may be erected in the rear or side yard areas and behind the front building line.

(2) On public park, recreation or school properties, open wire fences not exceeding eight feet may be erected, except that fences enclosing outdoor tennis courts, baseball backstops and other fences normally provided with recreation facilities may be open wire fences not exceeding 12 feet in height.

(3) Fences specifically required by other provisions of this chapter and other municipal and state regulations.

[1] Editor's Note: See also Ch. 94, Fences.

§ 212-55 Intersection view space.

In any district, nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 and 10 feet above the center line grade of the abutting street or streets within the triangular area formed by the intersecting street lines, or, where a driveway is involved, the intersecting of the pavement edge and the street line, and a straight line joining points located on said lines 30 feet from an intersection of street lines involving a state or County road; within 20 feet of an intersection of street lines involving two municipal streets; or within 10 feet of an intersection involving boundary lines of a driveway and a street. Where a front yard requirement is modified under § 212-30, the measurement line from that section shall be used in defining the triangular area rather than the street line.

§ 212-56 Screening.

Whenever screening is called for in this chapter or as a condition imposed by the Planning Board or Board of Adjustment, it shall be installed according to the following standards and requirements:

A. Natural screening shall consist of a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting, of suitable type and species that may be expected to form a year-round, dense screen at least six feet high within a period of three years.

B. Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of higher resistant material at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open.

C. All such screening shall be maintained in good condition at all times, may be interrupted only by normally required entrances and exits and shall have no signs attached other than those permitted in § 212-49.

§ 212-56.1 Agriculture buffers.

[Added 3-7-2007 by Ord. No. 790]

A. Areas to be buffered. All major residential subdivisions and major site plans shall include in their design agricultural buffers which shall be installed with the purpose of providing a buffer and barrier between the residential subdivision or site development requiring a major site plan and an adjacent agricultural use. The subdivision or site plan design shall include this buffer along any shared lot line with an active farm use and shall be designed with the purpose of acting as a separation and buffer between land used as farmland, as defined within this section, and residential uses. The buffer shall not be required for developments which abut certified woodland.

B. Terms defined. As used in this section, the following terms shall have the meanings indicated:

ACTIVE FARM USE

Land which is actively farmed or which is assessed as active farmland at the time the subdivision or site design is submitted for approval or which supported active farming operations such that it qualified for farmland assessment pursuant to the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., within three years prior to the date of the submission of a development application for the parcel.

LAND DEVELOPMENT BOARD

Either the Zoning Board or the Planning Board of the Township of Carneys Point.

C. Design standards.

(1) A landscaped buffer of not less than 50 feet in width shall be provided within lots which are adjacent to any shared lot line with an active farm use. This buffer area may be included in the calculation of minimum lot size otherwise required for all lots within the development.

(2) Buffers may be comprised of earth berms, and landscaping, which shall be of a sufficient quantity, species and size to prevent the free movement between the residential subdivision and the farming operation and to add some protection from noise, dust, light, spray and the like. The plantings shall be generally low-growing or with a confined canopy to avoid hazardous overhangs to the adjacent farming operations. The buffering shall be designed to insure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs. The buffer shall also include a fence to act as a physical barrier. Infrastructure required for the development may be contained within the buffer as long as the structures are underground.

(3) More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease.

(4) Low bushes such as hollies and other thorn-bearing bushes shall be utilized to discourage pedestrian traffic through the buffer area.

(5) If shade trees are to be installed, they shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area. The trees shall be set back from the property line to accommodate the mature spread of the tree and to avoid overhang into the agricultural property.

(6) Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.

(7) Additional buffering features are to be provided as may be found necessary by the Land Development Board having jurisdiction over the application.

(8) The plantings may consist of any of the six plantings hereinafter specified and, in addition thereto, those plantings which may be natural or indigenous to the area in question and which have a strong likelihood of providing a fence effect so as to prohibit passage through said living fence area, subject to the provisions of this article. The species provided for herein are intended to be utilized as recommended examples of living plants ideally suited to grow into fencing. Other plantings may possibly be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The Land Development Board shall determine the type of plant material to be used at the time of development approval and shall take into consideration recommendations of its professionals as well as the owners or farmers of the adjacent farmland in making such determination.

(a) European alder (Alnus cordata): rapid growing, not dense at the bottom, good windbreak, grows to 50 feet, very good in wet sites but also does well in dry sites.

(b) American arbovitae (Thuja occidentalis): dense, grows to 40 feet, stays green all winter, and may get bagworms.

(c) Japanese barbery (Beberis thunbergii): an excellent plant to keep people off property because it is thorny. Only grows four feet to five feet. Very pretty with different colored leaves. Get vigorous cultivar.

(d) Forsythia (Forsythia x intermedia): moderately dense, spreading, grows to 10 feet with vigorous species, yellow flowers, green foliage but deciduous. Fairly trouble-free but should be pruned for best flower mass.

(e) Privot (Liqustrum species): dense, deciduous, fairly trouble-free, most common hedging plant, 10 feet to 25 feet in height.

(f) Russian olive (Elaeagnus angustifolia): moderately dense and rapid grower, 15 feet to 20 feet tall, tolerates poor and sandy soils, drought tolerant.

(9) The standards and specifications which must be depicted on the plan shall include:

(a) The plantings to be utilized.

(b) The size of the plants (minimum size shall be specified).

(c) Distance between plants.

(d) Proposed elevation of plants.

(10) Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association standards:

(a) Shade trees: 1 1/2 inches to two inches in caliper.

(b) Ornamental trees: six feet to eight feet in height.

(c) Evergreen trees: six feet to eight feet in height.

(d) Shrubbery, both deciduous and evergreen:

[1] Prostrate (spreading): 18 inches to 24 inches in spread.

[2] Small (mature size under three feet in height): 18 inches to 24 inches in height.

[3] Large (mature size three feet or greater in height): 24 inches to 30 inches in height.

(11) In addition, the developer must construct a fence within the agricultural buffer area along the boundary line with the adjacent property meeting the following specifications:

(a) The buffer fence shall be a six-foot-high fence, black vinyl coated unless an alternative material is approved by the Planning/Zoning Board, and installed on the property of the development. The fence shall be installed by the applicant and/or developer prior to the issuance of the first building permit for the project. The fence posts, caps and rails shall also all be vinyl coated.

(b) The Board may grant exceptions to this requirement as may be reasonable and within the general purpose and intent of the provisions of this section if literal enforcement of the requirement is impractical.

(12) Diversion of water flow.

(a) No buffer shall be installed in any way so as to interrupt the flow of waters across lands where water has previously flowed naturally and the grading shall be reviewed by the Board Engineer at the time of development approval.

(b) The contour of the land shall not be changed by more than 10% to accommodate a buffer so as not to modify or change the natural areas of water flow across lands.

(c) No buffer shall be installed in such a fashion that it would act as a dam or diversion of waters to other areas.

D. Installation requirements.

(1) All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.

(2) It is a goal of this buffer that all plants or plantings shall be installed in order that after three years of growth, the plant or plantings shall have reached an elevation of not less than five feet.

(3) The screen planting or landscaping shall be planted and/or constructed in the case of mounds or berms in reasonable proximity to any fencing required.

(4) Removal of existing trees or natural vegetative cover shall only be permitted if said trees and/or natural vegetative cover were not approved as justifying a waiver or reduction in the agricultural buffer; or after submission of a landscaping plan justifying to the satisfaction of the Land Development Board why such removal is necessary and showing a proposed replanting of said area where such removal is proposed and which plan is approved by the Land Development Board and a performance and maintenance bond are posted to insure said plan's completion.

(5) Buffers shall be installed so as to incorporate natural areas of wetlands, dense or mature growth or other unique physical features and keep them in the "same as" condition both before and after the development, as near as possible.

E. Exceptions to the buffer requirement. No buffer shall be constructed on the occurrence of any of the following:

(1) Where the installation of the buffer would pass into, through, or upon any area described by the State of New Jersey as "wetlands" or "wetland transition areas."

(2) Where natural boundaries that would prevent the construction of any buffer, including actual waterways, or a naturally existing forest with sufficient density that would prohibit the construction of the buffer.

(3) Areas on slopes exceeding 20%.

(4) Areas where the construction of a buffer is likely to alter or modify or restrict the flow of water or waters so as to create any damming effect.

(5) No buffer may be erected in or traverse a dedicated sight triangle. No buffer may impede or interfere with the maintenance of a clear sight distance at any point of access to a roadway within the Township.

(6) This screen planting requirement may be waived entirely or partially by the Land Development Board to the extent that a screen of trees or natural plant material already exists on either side of the boundary line between the nonagricultural land uses and the farmland.

(7) Wooded sites. Where densely wooded areas or growth would be required to be removed, such as woods, in order that berms, fences or other features be constructed. This subsection shall not be construed to prohibit the removal of separate and single trees or other growth similar thereto for the purpose of installing the buffer.

F. Time for construction. The buffers are to be installed and completed prior to the issuance of the first certificate of occupancy for each section or phase in the section related to the certificate of occupancy and buffer. This article shall be applicable for each subsequent section or phase sought to be developed.

G. Responsibility for maintenance; removal prohibited.

(1) Where a buffer shall have been installed pursuant to the terms of this chapter, the following parties shall be responsible for the maintenance of the buffer:

(a) The homeowners' association where a homeowners' association has been established.

(b) In the alternate where no homeowners' association shall have been established, the individual homeowner where the buffer shall be situate.

(c) The owner of the real estate or development upon which the fence is situated.

(2) No buffer shall be removed by the homeowners' association or any owner or by any other party.

(3) Maintenance standards. A buffer shall be maintained applying the following standards:

(a) The buffer shall be trimmed and maintained in such a way as to create a barrier of a living and green variety.

(b) The property owner is responsible for the maintenance of the buffer as set forth herein and shall at all times be responsible for the continued upkeep, maintenance, replanting, if necessary, trimming, removal of debris and trash and to take those steps necessary to insure that the living fence shall be maintained in a safe and neat condition.

(c) The buffer shall be maintained, mowed and trimmed to prevent the growth of noxious weeds.

H. Deed restrictions.

(1) Wherever an agricultural buffer shall be required under this section or any amendments thereto, said buffer shall be restricted by deed restriction against the construction of any structure other than fencing, walls, drainage facilities or underground structures and against the removal of any screen of trees or hedgerows so long as the adjacent land is qualified as farmland under the New Jersey Farmland Assessment Act or is actively farmed. The applicant/developer shall establish deed restrictions which shall contain the following limitations, restrictions, and standards:

(a) A deed restriction shall require that the buffer shall not be removed unless the adjoining property shall no longer be used for any of the purposes established in this section. Should the adjacent property fail to be farmland assessed for a minimum period of three years, the homeowners' association or other property owner affected by the buffer may apply to the governing body of the Township for approval to remove the deed restriction.

(b) No fence or hedgerow shall be modified which may result in changes in drainage on adjacent property.

(c) Hedgerows shall not be altered in any fashion to change or modify the purpose for which they were originally intended as a barrier.

(d) Hedgerows and fences at all times shall be maintained pursuant to the deed restrictions so as to prohibit access to and from adjoining properties by persons, machines, and surface water drainage, if applicable.

(e) Hedgerows or living fences may contain briers and other natural plants which shall not be destroyed or removed unless required for reasons of health, safety, or the welfare of the adjacent farming operation.

(2) The deed restriction shall be recorded in the Salem County Clerk's office and disclosed to any purchaser of lands being developed.

(3) This deed restriction may be enforced by the homeowners' association with responsibility for this development, the individual lot owners in the development, the Township of Carneys Point or the adjoining property which is benefiting from the buffer.

(4) Deed restrictions shall be submitted to the Planning Board or Zoning Board of Adjustment of Carneys Point Township for purposes of review and approval prior to filing upon land records of the county.

I. Enforcement. This section may be enforced by a developer, any landowner, any adjoining landowner, any person holding any prescriptive right, easement right, any homeowners' association, or the municipality. The Land Development Board may require provision for maintenance of such areas by individual property owners or homeowners' associations, easements and other legal restrictions which will provide a means of preserving and maintaining the buffer area and/or screening required and permit the Township or other third parties to become involved in the event that a property owner or homeowners' association fails to comply with the provisions of any such legal restrictions. Should the Township enforce these provisions, they may levy the cost of this enforcement against the individual lot owners of the subdivision as a lien against the property as permitted by law.

J. Abandonment. Upon the abandonment or modification of the adjoining agricultural use, such that the buffer would no longer be required pursuant to this section, the buffer may be removed by the owner of the property on which the buffer is situate. Abandonment or modification of an agricultural use shall be defined as the development of the adjacent parcel in a nonagricultural fashion or the lapse of a farmland tax assessment for the adjacent parcel for a period of three years or more. If a property owner believes the buffer restriction may be removed because of an abandonment of an adjacent agricultural use, he shall apply to the zoning officer of the municipality for a determination in support of this request. The formal request shall then be made to the governing body. If the buffer was the subject of a bond, the formal release of the deed restriction authorized by the governing body shall also permit the release or reduction of the bond.

§ 212-57 Outdoor storage.

Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use or building and a part of the normal operations conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district and shall be screened according to the provisions of § 212-56 from any property used or zoned for residential purposes. Outdoor storage constituting a junkyard shall be permitted only in industrial districts.

§ 212-58 (Reserved) [1]

[1] Editor's Note: This section is reserved for future yard sale provisions.

§ 212-59 Mobile homes as temporary uses. [1]

In addition to complying with other applicable regulations contained in this or any other Township ordinance, mobile homes may be placed or used only as follows:

A. Temporary use of one mobile home structure for living and/or sleeping purposes as an accessory structure on a lot for a period not to exceed three months.

B. Temporary use of one mobile home structure for an office, tool storage or quarters for a watchman as an accessory use to permitted construction projects on the same lot therewith, for a period not to exceed one year.

C. Temporary use of one unoccupied mobile home as an accessory structure on a lot for a period not to exceed six months.

[1] Editor's Note: See also Ch. 196, Trailers and Mobile Homes.

§ 212-60 Private swimming pools. [1]

Private swimming pools shall be permitted only as an accessory use to a residential unit or units or permitted commercial use and when the principal building exists or is under construction.

A. Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building on the lot on which it is located shall be protected from access by small children or pets. Fencing or other protective structures at least four feet in height to be used for this purpose shall be included on the plans in order that the Planning Board may determine their adequacy. The issuance of a building permit shall be conditioned upon the proper installation of approved, protective fencing or other structures, and no certificate of occupancy may be issued until their installation is complete.

B. Any lighting used in connection with a private swimming pool shall be so directed or shielded as to not shine directly onto other properties.[2]

[2] Editor's Note: Former Subsection B was repealed 10-26-1988 by Ord. No. 444. This ordinance also provided that former Subsection C be redesignated as Subsection B and that side yard and rear yard requirements with respect to the installation of swimming pools in Carneys Point Township shall hereinafter be governed by the provisions of § 186-2A.

[1] Editor's Note: See also Ch. 186, Swimming Pools, Private.