Township of Mullica, NJ Zoning Districts and Permitted Uses

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

Accessory structures. Accessory structures shall be permitted, provided that:

They are incidental to the residential use of the premises and are not operated for gain.

Front yard setbacks for accessory structures will be the same as the principal structure on the property; side yard and rear setbacks shall be as follows:

	Accessory Structure Size (square feet)	Setback From Property Line (feet)
	Up to 100	5
	100 to 300	15
	Over 300	25

(3)

For waterfront properties, the orientation and location of the principal building will define the location of the front yard. The building layout of properties adjacent to waterfront properties will be considered when determining other setbacks.

(4)

Television dish antennas must be placed in a way that will not be offensive to residents of contiguous properties and must be confined to side and rear yard areas only. Dish antennas two feet or less in diameter may be roof-mounted; however, they shall not extend more than three feet above highest point of roof.

(5)

Maximum square footage for a residential accessory building will be as follows:

[Added 10-24-2017 by Ord. No. 9-2017; amended 6-22-2021 by Ord. No. 7-2021]

(a)

Under two acres: 850 square feet.

(b)

Two to five acres: 1,250 square feet.

(c)

Over five acres: 1,500 square feet.

(6)

Agricultural accessory buildings must be located on a lot that qualifies for farmland assessment and is actively farmed.

[Added 10-24-2017 by Ord. No. 9-2017]

(7)

Sanitary facilities are restricted.

[Added 6-22-2021 by Ord. No. 7-2021]

Adult business. Adult businesses are subject to a major site plan application and shall be permitted in the PT District and shall comply with the following restrictions:

(1)

Regulations. No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business; or any church, synagogue, temple or other place of public worship; or any elementary or secondary school or any school bus stop; or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use; or within 1,000 feet of any hospital or child-care center. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this act where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 1,000 feet; or any hospital or child care center is subsequently built within 1,000 feet.

(2)

Buffer zone. Every sexually oriented business shall be surrounded by a perimeter buffer equal to 2.5% of the building square footage or at least 50 feet. Perimeter buffers shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the requirements of Subsection C, Buffer areas.

(3)

Signs. No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises is off limits to minors. Identification signs shall be no more than 40 square feet in size. Said identification sign shall be wall-mounted, and the sign shall be limited to lettering indicating the name and address of the facility only. Said sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall any signs described herein project more than 14 inches from the front of the wall to which they are attached. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited; however, backlighting of the principal sign may be permitted. No temporary signs made of paper, cardboard, canvas or other similar materials, banners, etc., are permitted. No signs or billboards shall be placed on the roof of any building housing or used as an accessory building to any sexually oriented business. No off-premises signs of any kind shall be permitted.

(4)

Parking. Parking shall be provided at a ratio of one parking space for every 200 square feet of building area. Such parking shall be paved, striped and appropriately marked. Paving shall take place in accordance with the established engineering standards of the Township of Mullica. All parking spaces shall be linked to an internal circulation system with one access and egress point to and from the subject site. No parking shall be allowed within the buffer area designed by this chapter. Such off-street parking shall be lighted with lighting standards that are in architectural conformity with the building and range within a height of 16 to 20 feet. The intent of the lighting is not to provide a total flood effect for the site but to provide illumination for the driveway areas and parking areas.

(5)

Off-site improvements. All off-site improvements such as curbs, gutters, sidewalks, driveways and street trees shall be as provided in the Municipal Land Use Ordinance and other ordinances governing the Township of Mullica.

(6)

Compliance with codes. All buildings housing or used as an accessory use with sexually oriented businesses shall meet all applicable safety standards of the Township of Mullica and the State of New Jersey, including but not limited to the Uniform Construction Code,[1] and any and all property maintenance codes adopted and currently in effect in the Township of Mullica.[2]

[1]

Editor's Note: See Ch. 103, Construction Codes, Uniform.

[2]

Editor's Note: See Ch. 177, Property Maintenance.

(7)

Bulk requirements. The following bulk requirements must be met as minimum requirements for each and every sexually oriented business:

(a)

Minimum site size. The minimum site size shall be one acre with a minimum lot width of 200 feet.

(b)

Lot coverage. Coverage of the lot by the principal building shall not exceed 10% of the total site area.

(c)

Building height. The maximum height of any sexually oriented business shall not exceed 2 1/2 stories or 35 feet.

(d)

Front yard setback. The principal building shall be set back 125 feet from the front lot line.

(e)

Side yard setbacks. Side yard setbacks shall be commensurate with the perimeter buffer.

(f)

Rear yard setbacks. Rear yard setbacks shall be commensurate with the perimeter buffer.

(8)

Conditional use approval required. All sexually oriented businesses, including, but not limited to, all adult bookstores, adult motion-picture theaters and adult mini motion-picture theaters, shall be subject to conditional use approval by the Planning Board.

(9)

Public communication and display. No sexually oriented business may publicly communicate obscene material or permit it to be publicly communicated at a sexually oriented business. For the purpose of this section, "publicly communicated" shall be defined as set forth in N.J.S.A. 2C:34-4. Further, no sexually oriented business may display or permit to be displayed obscene material at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.

(10)

Hours of operation. A sexually oriented business may only operate and be open to the public between the time of 10:00 a.m. and 10:00 p.m.

(11)

The Pinelands Town shall be the only district in which any adult business shall be permitted, and any site on which an adult business is located must be connected to a public sanitary sewer system without use of any on-site wastewater disposal.

Buffer areas; motor vehicle screening and storage.

(1)

Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines and other locations as specified in Article XII, Zoning. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be a prescribed in Article XII, Zoning, and may be coexistent with the rear yard only if approved by the Planning Board. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity, stormwater drainage facility, the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials, meeting the following requirements:

(a)

Tree species, when used in screen planting, shall be at least six feet in height when planted and shall be of such density that all the glare of automobile headlights emitted from the premises is obscured through the full course of the year. The plant material shall be of a species native to the Pinelands, as listed in N.J.A.C. 7:50-6.23, and shall be of nursery stock and shall be free of insects and diseases;

(b)

Landscaped berms planted with native tree and shrub species which, when mature, will present a dense visual screen are recommended for designated buffer areas;

(c)

Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season;

(d)

The screen planting shall be so placed that at maturity the plant material will be no closer that three feet from any street or property line;

(e)

The buffer area shall not be broken unless specifically approved by the Planning Board.

(2)

Motor vehicle screening and storage. No more than 10 automobiles (vehicles), trucks 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 such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition or which are maintained for agricultural purposes.

Building projections into yards. Permitted projections into required yards:

(1)

Cornices and eaves may project into a required yard not more than three feet.

(2)

Chimneys may be erected within a yard, provided that they do not exceed six square feet in aggregate external cross section and do not obstruct ventilation.

(3)

A fire escape or outside stairway may project not more than five feet into a rear yard.

(4)

Open entry porches, not to exceed 10 feet.

Commercial shopping center. A designed shopping center is subject to review by the Planning Board and shall be permitted in the EVC, DVC, NVC and PT Districts, provided that the following controls are adhered to:

(1)

Permitted uses:

(a)

Retail sales and service establishments excluding automobile sales, car washes, and automobile service facilities.

(b)

Banks, general business and professional offices.

(c)

Restaurants within which food is prepared and consumed in a fully enclosed structure.

(d)

Pickup stations for laundries, provided that no cleaning of garments is done on the premises.

(e)

Personal service establishments or stores including, but not limited to, beauty and barber shops, tailors and similar businesses.

(f)

Minor repair establishments or stores engaging in the repair of television, radios, watches, shoes, appliances and other common household and personal objects.

(g)

Motion-picture theaters in fully enclosed structures.

(h)

Dry-cleaning service establishments, provided that such dry-cleaning work carried out on the premises is done exclusively in support of the retail service function located on the premises.

(2)

Lot and building controls:

(a)

The retail commercial and service establishments contained in the shopping center shall be designed and constructed as one attached architectural unit, including buildings, on-site parking facilities, on-site loading facilities and other requirements as contained herein.

(b)

Site size. There shall be a minimum site size as set forth in the Schedule of District Regulations.[3]

[3]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(c)

Height of buildings. No structure shall exceed a height of 35 feet.

(d)

Building coverage of lot. Buildings shall not cover more than 30% of the total site area.

(e)

Setbacks.

[1]

In order to protect adjacent uses in different zoning districts, the side and rear yard setbacks of any improvements, both building or paving, shall not be less than 100 feet.

[2]

The front yard setback from the right-of-way shall not be less than 75 feet for any parking area and not less than 50 feet for any other improvement.

[3]

The side setback between buildings on the same site shall not be less than 25 feet.

(f)

Landscaping. All landscaping shall be in accordance with the landscaping requirements as set forth in § 144-94F of this chapter.

(g)

Signs. All signs shall be in accordance with the sign requirements as set forth in this chapter.

(h)

On-site loading facilities. At least one paved on-site loading facility, measuring 14 feet wide and 35 feet long, shall be provided in accordance with the following schedule:

	Net Floor Area (square feet)	Number of Loading Spaces
	Up to 20,000	1
	20,000 to 30,000	2
	30,000 to 40,000	3

(3)

Lighting. Lighting standards serving the parking field and other parts of the site shall be so arranged as to deflect downward and not create a glare on contiguous or other nearby residential districts. Such lighting standards shall not exceed a height of 25 feet and shall conform with the architectural character of the shopping center.

(a)

On-site parking requirements. All parking shall be in accordance with the parking requirements as set forth in this chapter.

(b)

Acceleration and deceleration lanes shall be in accordance with Atlantic County standards as well as New Jersey Department of Transportation.

Corner lots. Corner lots for residential use within the PA, AP, RDA, DVC, FAR and FARR Districts shall be permitted to reduce the second front yard from 200 feet to a minimum of 65 feet. The second front yard shall be considered to be the longer of the two frontages along the right-of-way.

Fences and walls. Fences, including walls, may be erected anywhere on the lot, subject to the following provisions:

(1)

All perimeter fences shall be placed on or within the property line.

(2)

In a residential district, except as provided below, no portion of any solid fence or wall closing the front yard shall exceed a height four feet from the sidewalk grade. In cases where the land is terraced, the fence shall not exceed four feet above the contour grade.

(3)

The use of barbed wire fencing is prohibited except for the containment of pastoral animals.

(4)

In the case of cyclone or other open fencing enclosing the front yard, the height shall not exceed six feet.

(5)

Privacy fences, in a residential district except as provided below, shall be allowed provided they are limited to the side and rear yard property lines with the finished side facing out. Such fences shall not exceed six feet in height. For the purpose of this chapter, a privacy fence is defined as any fence or wall that obscures visibility through the fence by 50% as viewed at right angles.

(6)

In any district which abuts the Mullica River or its canals for a distance of 1,000 feet from the river or to the first paved road, the following shall be permitted only in accordance with this subsection. Subsection G(6)(a), (b), and (c) below are subject to administrative approval. The fee for this application is stated in Article VII of this chapter.

(a)

Split-rail fences consisting of two or three horizontal rails and vertical rails at least six feet apart or chain link fences not exceeding four feet in height shall be permitted on the front, side and rear yard property lines.

(b)

A chain link fence shall be limited to six feet in height as an enclosure for swimming pools.

(c)

Solid privacy fences, including hedges consisting of any type of vegetation, shall be a conditional use in this district.

(7)

No fence or plant material shall be erected or placed in such a manner on a corner lot that will materially impede vision of the intersecting streets.

(8)

Along boundaries between residential and commercial districts or between residential and commercial uses, a privacy fence or wall must be erected at a height of six feet or eight feet as determined by the Zoning Official to screen their respective activities from view.

(9)

Commercial properties in the commercial district shall not have fencing beyond a line parallel with the front of the principal building. Fencing along side and rear property lines shall not exceed eight feet in height.

(10)

Except where specifically prohibited under the terms of any other applicable ordinance or regulations of the Township, nothing herein shall be construed to prohibit the use of hedges, tree, or other planting anywhere on a lot.

(11)

Utility poles, lally columns, scrap material and other nontraditional fence materials shall not be permitted to be used in the construction of any fence within the Township. Traditional fence materials include wooden split rail or solid fence, wooden picket fencing, lattice work, chain link, brick or block, stone, wrought iron, square mesh wire fencing, coated aluminum fencing and polyvinylchloride (PVC). Fences or walls shall be compatibly designed to match the type and style of the principle structure and use on the parcel in question.

Forestry.

(1)

Permit required. No forestry in the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer and/or other Township-appointed official. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(a)

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

(b)

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;

(c)

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 tree other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;

(d)

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; and

(e)

Prescribed burning and clearing and maintaining of fire breaks.

(2)

Forestry application requirements. The information in Subsection H(2)(a) or (b) below shall be submitted to the Township Zoning Officer and/or other Township-appointed official prior to the issuance of any forestry permit:

[Amended 7-24-2012 by Ord. No. 7-2012]

(a)

For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. 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 Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(b)

For all other forestry applications:

[1]

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

[2]

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

[3]

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

[4]

A description of all existing uses of the subject parcel;

[5]

A brief written statement generally describing the proposed forestry operation;

[6]

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;

[7]

A forestry management plan that includes, as appropriate:

[a]

A cover page for the plan containing:

[i]

The name, mailing address and telephone number of the owner of the subject parcel;

[ii]

The municipality and county in which the subject parcel is located;

[iii]

The block and lot designation and street address, if any, of the subject parcel;

[iv]

The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[v]

The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover.

[b]

A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

[c]

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, and shall be keyed to an activity map that shall include, as appropriate, the following information:

[i]

The number of acres;

[ii]

The general condition and quality of each stand;

[iii]

The overall site quality, relative to the management goals and objectives identified in Subsection H(2)(b)[7][b] above;

[iv]

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;

[v]

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

[d]

A map of the entire parcel which includes the following:

[i]

The owner's name, address and the date the map was prepared;

[ii]

An arrow designating the north direction;

[iii]

A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[iv]

The location of all property lines;

[v]

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.

[8]

A letter from the 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 §§ 144-94 and 144-92;

[9]

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 § 144-93;

[10]

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 Subsection H(3)(i)[2] below;

[11]

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;

[12]

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 Subsection H(3) below; and

[13]

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

[14]

When prior approval for the forestry activities has been granted by the Zoning Officer or other Township-appointed official, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 144-51D.

(3)

Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[Amended 7-24-2012 by Ord. No. 7-2012]

(a)

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;

(b)

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;

(c)

The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:

[1]

Clearcutting cedar and managing slash;

[2]

Controlling competition by other plant species;

[3]

Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

[4]

Utilizing existing streams as cutting boundaries, where practical;

[5]

Harvesting during dry periods or when the ground is frozen; and

[6]

Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

(d)

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 144-94 and 144-92. 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 Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

(e)

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, except as expressly authorized in this section;

(f)

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 § 144-93;

(g)

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;

(h)

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:

[1]

Minimize changes to surface water and groundwater hydrology;

[2]

Minimize changes to temperature and other existing surface water quality and conditions;

[3]

Prevent unnecessary soil erosion, siltation and sedimentation; and

[4]

Minimize unnecessary disturbances to aquatic and forest habitats.

(i)

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

[1]

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;

[2]

Herbicide treatments shall be permitted, provided that:

[a]

The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection H(2)(b)[10] above;

[b]

Control of competitive plant species is clearly necessary;

[c]

Control of competitive plant species by other, nonchemical means is not practical;

[d]

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

[e]

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 resprouting outside those areas subject to the herbicide treatment.

[3]

Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;

[4]

Disking shall be permitted, provided that:

[a]

It shall not be permitted in Pine Plains Native Forest Types;

[b]

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:

[i]

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

[ii]

Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.

[c]

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

[d]

It shall follow land contours when slopes are discernible.

[5]

Root raking shall be permitted, provided that:

[a]

It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;

[b]

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

[c]

Root raking debris shall not be piled in wetlands.

[6]

Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and

[7]

Drum chopping shall be permitted, provided that:

[a]

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;

[b]

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

[c]

It shall adhere to the following procedures:

[i]

No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

[ii]

Drums shall remain unfilled when used during the dormant season;

[iii]

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;

[iv]

Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

[v]

Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.

(j)

The following standards shall apply to silvicultural practices for harvesting:

[1]

Clearcutting shall be permitted, provided that:

[a]

It shall not be permitted in Pine Plains Native Forest Types;

[b]

It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

[c]

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;

[d]

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;

[e]

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;

[2]

Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:

[a]

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[b]

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;

[c]

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;

[d]

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

[e]

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;

[3]

Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:

[a]

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[b]

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;

[c]

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;

[d]

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;

[e]

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

[4]

Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.

(k)

The following standards shall apply to silvicultural practices for forest regeneration:

[1]

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 Subsection H(3)(k)[2] below; and

[2]

Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:

[a]

The use of non-native cuttings, seedlings or seeds shall not be permitted;

[b]

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;

[c]

Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

[d]

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.

(l)

Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

(m)

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.

(n)

A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

(4)

Forestry permit procedures.

(a)

Applications for forestry permits shall be submitted to the Zoning Officer and/or other Township appointed official and shall be accompanied by an application fee as set forth in Article VII of this chapter.

(b)

Within 14 days of an application, the Zoning Officer and/or other Township-appointed official 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 and/or other Township-appointed official 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.

(c)

Within 45 days of determining an application to be completed pursuant to Subsection H(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer and/or other Township-appointed official shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection H(3) above or disapprove and application which does not meet the requirements of Subsection H(3) above. Any such notice of disapproval shall specifically set forth deficiencies of the application.

(d)

Upon receipt of a notice of disapproval pursuant to Subsection H(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 and/or other Township-appointed official for review. The Zoning Officer and/or other Township-appointed official shall review the revised application to verify conformity with the standards in Subsection H(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection H(4)(c) above.

(e)

Failure of the Zoning Officer and/or other Township-appointed official to act within the time period prescribed in Subsection H(4)(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer and/or other Township-appointed official 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.

(f)

In reviewing and issuing permits for forestry applications, the Zoning Officer and/or other Township-appointed official shall also comply with the Pinelands Area notice and review procedures set forth in Article VIII of this chapter.

(g)

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.

(5)

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection H(4)(c) above, the applicant shall be required to pay a escrow fee as set forth in the Article VII, Fees, 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. Nothing in this subsection shall prohibit the Planning Board of the Township of Mullica from approving any fee or escrow requirement that it may deem advisable, when recommended by the Mullica Township Forester, or designated official, the said fee or escrow being for the sole purpose of paying for an inspection of the permitted forestry project to determine compliance with the requirements of any forestry permit issued. The recommendations of the Township Forester or designated official regarding the said fees or escrow shall be made on an as-needed basis, based on the forester's professional judgment as to when and/or if such an inspection may be required. In the event that any such inspection may be or is required by the forester, he/she shall make an application to the Board by letter setting forth the need for an inspection and the purpose thereof, and requesting the board's approval of either a fee or escrow amount from which the fee is to be paid. If the Board approves such a request, then and in the event the fee shall be paid or the escrow shall be posted by the permittee.

(a)

Any escrow fee set forth above shall comply with the applicable provisions of N.J.A.C. 7:50-6.47(a)1-3. In accordance with those provisions, the surety shall not exceed $500 or 10% of the stumpage value of the wood to be harvested during the duration of any approval which is granted, whichever is greater, and any escrow shall not be posted for any period exceeding two years.

(6)

Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer and/or other Township appointed official with 72 hours written notice of the intention to begin harvesting operations.

Gasoline service stations. Gasoline service stations are subject to site plan review and shall be permitted in the PT, DVC, EVC, and NVC Districts, provided:

(1)

Such facility shall have a minimum site size as set forth in the Schedule of District Regulations.[4]

[4]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(2)

The height of a service station shall not exceed one story or 25 feet.

(3)

The setbacks shall adhere to the setbacks prescribed in the Schedule of District Regulations.

(4)

The means of vehicular access and egress at the facility must be clearly defined and controlled to insure safe and efficient operation of the facility and to assure safe integration of automotive traffic with other vehicular and pedestrian traffic.

(5)

Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be arranged so as not to obstruct or deter the visibility of drivers or pedestrians. No blinking or flashing lighting system shall be permitted.

(6)

One approved off-street parking space shall be provided for every full-time employee plus two off-street parking spaces for each service bay. Such spaces shall be located in the rear or side yard of the site. Such spaces shall be designed as defined in this chapter.

(7)

Except for gasoline or oil sales, changing of tires and other similar minor automobile servicing, all other repair work shall be carried on in a fully enclosed structure.

(8)

Outdoor storage of equipment or parts shall not be permitted.

(9)

Signs, pennants, flags and all other advertising displays visible or audible from any public right-of-way are prohibited except as allowed under the sign section of this chapter.

(10)

All gasoline and similar substances shall be stored underground at least 25 feet from any property line. No gasoline pump shall be erected within 30 feet of any street or property line. The owner of every gasoline service station shall have the storage tanks tested in accordance with all county, state and federal regulations.

(11)

Motor vehicle screening and storage shall be in accordance with the design standards as listed in this chapter.

(12)

All gasoline service stations shall be in compliance with all county, state and federal regulations.

Height limitations.

(1)

A height limitation of 35 feet shall apply to all structures, including radio and television transmission and other communications facilities which are not accessory to an otherwise permitted use except as otherwise noted. Height limitations in a flood zone shall be measured from a point two feet above the federal base flood elevation (BFE) to the top of the highest part of the roof, regardless of the roof structural configuration.

[Amended 10-24-2017 by Ord. No. 9-2017]

(2)

The height limitation in Subsection A above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: 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; smokestacks; derricks; conveyors; flag poles and masts; or aerials, solar energy facilities, chimneys and similar structures to be placed above roof level and not intended for human occupancy. Such features shall be erected only to such height as is necessary to accomplish the purpose that they are to serve.

(3)

Except in the PA, FAR, RDA, DVC and AP Districts, quasi-public buildings and public buildings, schools, churches and other similar uses may exceed the height limit established in Subsection A above, provided that such uses shall increase the front, rear and side yard setbacks one foot for each foot by which such buildings exceed the height limit established for the district within which the use is located.

(4)

The height limitation in Subsection A above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.40 are met.

Home occupations. Customary home occupations are subject to review by the Planning Board and shall be permitted, provided that:

(1)

The occupation meets the requirements of § 144-9, Definitions, of this chapter.

(2)

No person other than three members of the family residing on the premises shall be engaged in such occupation.

(3)

Commercial vehicles associated to the home occupation are limited to one.

[Amended 10-24-2017 by Ord. No. 9-2017]

(4)

No employee parking shall be permitted.

[Amended 10-24-2017 by Ord. No. 9-2017]

(5)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. The home occupation shall not be conducted within any accessory structure located on the property. No outside storage of materials is permitted.

[Amended 10-24-2017 by Ord. No. 9-2017]

(6)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.

[Amended 10-24-2017 by Ord. No. 9-2017]

(7)

There shall be no regular or habitual sales in connection with such home occupation.

[Amended 10-24-2017 by Ord. No. 9-2017]

(8)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on an approved on-site facility and other than in a required front yard.

[Added 10-24-2017 by Ord. No. 9-2017]

(9)

No equipment or process shall be used in such home occupation which creates disturbances in any form to neighbors such as noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

[Added 10-24-2017 by Ord. No. 9-2017]

Light industrial use. Light industrial use is subject to site plan review and shall be permitted in the PT, EVC and DVC Districts.

(1)

Permitted industrial use: research or design laboratories, wholesale merchandising, light manufacturing, distribution centers, storage facilities, etc., in fully enclosed structures, provided that:

(a)

Processes used do not generate harmful or unpleasant odors, fumes, smoke, vapors, gases or other air or water pollutants, vibration, noise, glare, industrial wastes or any other deleterious by-products of the operation beyond the confines of the structure.

(b)

No gasoline, petroleum or petroleum products, or any other hazardous material shall be stored in outside storage tanks, unless used for on-site consumption or fueling of vehicles associated with the use.

(c)

Incidental or accessory uses of the buildings or structures in connection with the permitted uses hereinabove set forth shall be permitted, provided they conform to the regulations applicable in this chapter.

(2)

Site size. As set forth in the Schedule of District Regulations for commercial properties in the PT, EVC or DVC Districts.[5]

[5]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

(3)

Building coverage. No building or combination or accessory buildings shall be erected, altered or used pursuant to this section of the ordinance where the building area exceeds 30% of the plot area.

(4)

Front yard. No building or structure shall be constructed pursuant to this section of the ordinance, which shall have a front yard depth of less than 75 feet.

(5)

Side yards. No building or structure shall be erected pursuant to this section of the ordinance which shall have a side yard less than 50 feet.

(6)

Rear yard. No building or structure shall be erected pursuant to this section of the ordinance which shall have a rear yard of less than 100 feet.

(7)

Parking. Parking shall be provided in accordance with § 144-123Q.

(8)

Loading spaces. There shall be at least one off-street loading and unloading facility at least 14 feet wide and 35 feet long with clear headroom of at least 14 feet. All loading areas shall be located in the rear yard and shall not be located within 25 feet of the rear lot line of the subject premises.

(9)

Landscaping. All landscaping shall be in accordance with the landscaping requirements of this chapter.

(10)

All buildings, structures, signs and landscaping shall be maintained in accordance with the provisions of all applicable codes and ordinances of the Township and violations thereof may be prosecuted and enforced in the same manner as provided therein.

(11)

Signs. All signs shall be in accordance with the sign requirements of this chapter.

Marinas. Marinas are subject to site plan approval. Marinas are permitted on properties adjacent to the Mullica River in the Sweetwater Village District, provided that:

(1)

At least one off-street parking space shall be provided for each boat docking space and daily user. Adequate provisions shall be provided for daily users. However, no adjacent on-street parking is permitted.

(2)

Any purveyance of goods or services, not including boats or motors, shall take place in an enclosed structure, and that the sale of gasoline shall be for the use of personal watercraft exclusively.

(3)

All applicable requirements of any state and federal agency having jurisdiction shall be met.

(4)

The commercial outdoor storage of personal watercraft shall be permitted, provided that such storage is carried out on property which is part of an operating marina or on property which is contiguous to such a marina.

(5)

Boats and personal watercraft stored in such areas shall be organized in orderly rows with circulation aisles of sufficient width to admit emergency fire vehicles. The grounds of such storage areas shall be neatly maintained and free of material not inherent to the storage of boats and personal watercraft.

(6)

In cases where such outdoor storage facilities abut a residential use, or properties, buffering shall be provided in accordance with the landscaping design standards as stated in this chapter with regards to wetlands.

(7)

"Storage" shall mean the storing or safekeeping of boats, personal watercraft, or materials owned by another for a period of time in excess of one week and shall not include the displaying of new or used boats or personal watercraft for sale.

(8)

Landscaping shall be in accordance with the landscaping standards as set forth in this chapter.

(9)

Signs shall be in accordance with the sign standards as set forth in this chapter.

(10)

Marinas shall comply with all county, state and federal regulations.

(11)

Parking shall be provided in accordance with § 144-123Q.

Medical complex, nursing home or convalescent center. General nursing and convalescent facilities are subject to site plan review and shall be permitted (except for mental patients, contagious or infectious diseases, and liquor or drug addicts) in the DVC, PT or EVC Districts, provided that:

(1)

Site size. There shall be a minimum site size of five acres.

(2)

Site width. The minimum width of the site shall not be less than 275 feet.

(3)

Perimeter setback. A perimeter setback of 50 feet shall be provided around the entire perimeter of the site. No parking or accessory buildings may be located within this area. In cases where the boundaries of the subject use abuts a residential district or use, the perimeter setback shall be increased to 75 feet along the area abutting the residential district or use.

(4)

Lot coverage. The percentage of the site which may be covered by all principal and accessory structures shall not exceed 20%.

(5)

Height of structures. Principal structures shall not exceed 2 1/2 stories of 35 feet. Accessory structures shall not exceed one story or 15 feet.

(6)

On-site parking. Parking shall be provided in accordance with § 144-123Q.

(7)

Distance between buildings. The distance between the side wall of one principal building and the front, rear or side walls of any adjoining principal or accessory building shall not be less than 35 feet.

(8)

Outdoor group sitting areas shall be provided for patients which are well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Such sitting areas shall be provided with paved areas of adequate size to provide small groups of wheelchairs and suitable garden furniture.

(9)

Night lighting. Night lighting shall be provided for the safe and convenient use of streets, driveways, parking areas, walks, steps and other facilities.

(10)

Landscaping. All landscaping shall be in accordance with the landscaping requirements of this chapter.

Mobile homes, campers and travel trailers. No trailer, auto trailer, travel trailer, mobile home or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the emergency replacement of a damaged dwelling unit and for use as a temporary construction office located on a site during construction, provided that a temporary permit has been issued by the Zoning Officer. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of the same in campgrounds in conformance with all applicable ordinances and codes.

Nonconforming uses. The otherwise lawful use of a building or land existing at the time of the adoption of this chapter may be continued, although such use does not conform to the provisions of this chapter, provided:

(1)

No expansion of such building or use shall be permitted.

(2)

That the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.

(3)

That whenever a nonconforming use is discontinued or changed to conforming use, it shall not thereafter be changed back to a nonconforming use.

(4)

That whenever a nonconforming structure has been abandoned or damaged by fire or other causes to the extent of 80% of its market value, as determined by the Tax Assessor, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located or obtain the necessary approvals.

(5)

That if a nonconforming use of a structure ceases operations or remains vacant for more than one year, circumstances may be considered as evidence of the abandonment of said prior nonconforming use.

Off-street parking.

(1)

General provisions.

(a)

Lighting. All parking areas providing five or more parking spaces shall be lighted in accordance with the provisions specified in § 144-95 of this chapter.

(b)

Surfacing and curbing. All on-site, off-street parking and loading areas and access driveways shall be paved and curbed as recommended by the Township Engineer and approved by the Planning Board/Zoning Board of Adjustment as part of the site plan approval.

(c)

Location of parking spaces. All required off-street parking spaces shall be located on the same lot or premises as the use served.

(d)

Setbacks.

[1]

In order to protect adjacent uses in different zoning districts, the side and rear yard setbacks of any improvements, both building or paving, shall not be less than 100 feet.

[2]

The front yard setback from the right-of-way shall not be less than 75 feet for any parking area and not less than 50 feet for any other improvement.

[3]

The side setback between buildings on the same site shall not be less than 25 feet.

(e)

Landscaping.

[1]

Landscaping shall be in accordance with § 144-94F.

[2]

All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, planting or combination of the three and shall not be less than four feet in height.

[3]

Type of facility. Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.

[4]

The provision of parking spaces shall also include adequate driveways and necessary turning areas for handling the vehicles for which provision is made. Except for detached and two-family dwelling units, parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

(2)

Specific requirements. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

(a)

Residential.

[1]

Single-family detached or attached or two-family dwelling units shall provide two spaces for each dwelling unit.

[2]

Apartments or other multifamily-type units shall provide 1.75 spaces per unit.

(b)

Churches shall provide one space per every five permanent seats. One seat shall be considered 22 inches in calculating the capacity of pews or benches.

(c)

Golf courses and public utilities shall provide sufficient spaces and maneuvering area to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

(d)

Local retail and service activities, banks and offices shall provide parking at a ratio of five spaces per 1,000 square feet of gross floor area.

(e)

Theaters shall provide one space for every four seats. This requirement may be waived if the theater is located within a shopping center and the minimum requirements for the theater can be met by other shopping center activities.

(f)

Bowling alleys shall provide four spaces per bowling lane.

(g)

Service stations shall provide at least six spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas, which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.

(h)

Automobile, camper and travel trailer sales shall provide 10 spaces for customer convenience, separated from vehicular displays and not used by employees.

(i)

Car washes shall provide two access lanes for each mechanized car wash entrance, with each lane having a minimum capacity for 15 vehicles; one separate space for each waxing, upholstery cleaning, or similar specialized service area; and one space for every two employees. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.

(j)

Hotels and motels shall provide 1 1/4 spaces per room.

(k)

Manufacturing plants, industrial plants and wholesale distribution centers and warehouses shall provide parking at the ratios of one space for every 1,000 square feet of gross floor area used for inside storage and warehousing, plus one space for every 700 feet of gross floor area used for manufacturing, plus one space for every 200 square feet of gross floor area used for offices. Additionally, one space shall be provided for every vehicle owned and/or operated by the use operating from the site.

(l)

Auto body shops, welding shops and auto repair garages shall provide parking at a ratio of one space for every 700 feet of gross floor area used for the auto body, repair or welding work, plus one space for every 200 square feet of floor area used for office space. Additionally, one space shall be provided for every vehicle owned or operated by the use operating from the site.

(m)

Club, eating and/or drinking establishments shall provide 10 parking spaces for the first 200 square feet of floor area and one space for each additional 100 square feet thereafter.

(n)

Other uses. Uses other than specified herein shall provide one parking space for each 400 square feet of floor spaces.

(o)

Medical offices shall provide one space per 100 square feet of gross floor area.

(p)

Medical complexes and nursing homes shall provide one space per 250 square feet of gross floor area.

(q)

Marinas shall provide one space per berth.

(r)

A reduction of up to 20% in the total number of spaces required may be granted upon a showing of adequacy of fewer spaces; provided, however, that area for the additional spaces is available if necessary at a later date.

Pastoral animals.

(1)

Pastoral animals. Pastoral animals may be maintained in any district, provided that a minimum lot size of two acres exists for the first two animal units and that the lot size is increased an additional 1/2 acre for each additional animal unit, and further provided that any such animal must be provided with a stable or coop under a roof of at least 100 square feet per animal, and further provided that said stable or coop shall conform to the setback requirements below.

(a)

All pastoral animals must be maintained within a fenced enclosure. The fence must be reasonably designed to maintain the animal(s) within the fenced enclosure.

(b)

A grazing area not closer than eight feet to any property line shall be provided.

(c)

In addition to the requirements herein for all pastoral animals, the stable or coop required to be constructed hereinabove must be built and maintained so as not to create offensive odors, fly breeding or other nuisances; manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.

(d)

All pastoral animal uses existing as of the date of the date of this chapter, which do not comply with the acreage requirements, setback requirements and/or coop size requirements of this chapter, are hereby declared to be preexisting nonconforming uses and are permitted to continue as such without any expansion or enlargement of said nonconforming use. All other requirements of this chapter apply.

(e)

Each presently existing nonconforming use which is permitted to continue as a result of the provisions of the above is hereby presumed to be abandoned by the owner or occupant of said property upon conviction in the Mullica Township Municipal Court or other court of competent jurisdiction of three separate offenses within any three-year period of time, which offenses involve the violation of any provision of the pastoral animal section of this chapter or amendments thereto or the violation of any health ordinance or other regulatory ordinance pertaining to pastoral animals, whether such ordinance exists at present or is adopted hereafter. In the event that any such owner or occupier is convicted of three offenses of any of the above-mentioned ordinances within a three-year period of time, then the Code Enforcement Officer shall notify such owner or occupier that his/her nonconforming use is presumed to be abandoned and that the pastoral animal use represents a violation of this chapter; and a notice of abatement of such violation shall be issued to the owner or occupier of said property in accordance with the applicable provisions of the land use chapter.

(f)

The housing of pastoral animals shall comply with the following standards:

[1]

The animal unit shall be sheltered in a structure located at least 50 feet from a residential building and 50 feet from any property line.

[2]

Each large animal must be provided with a box stall or straight stall. No keeping of animals shall be permitted in horse travel trailers.

[3]

Any structure erected shall be further regulated according to the following:

[a]

Each animal unit shall have at least 100 square feet exclusive for the animal unit.

[b]

A minimum floor area of the barn shall be 125 square feet.

[c]

An enclosed roofed storage area must be provided for hay, straw, feed and tack.

[d]

Barns must be located in the rear or side yard area of the property and not extend into the front yard setback.

[e]

An adequate supply of feed and nonstagnant drinking water shall be maintained.

[f]

Proper disposal of animal waste, garbage, refuse or vegetable matter in such manner as to prevent unhealthy or unsanitary conditions. Further, manure disposal must cause no nuisance and be at least 50 feet from any property line and no closer than 200 feet from any other existing residential purpose, permanent building or structure, attached garage, swimming pool, tennis court or patio located on adjoining properties. Further, the manure must be collected from the barn area and maintained or disposed of in a sanitary manner. If stored, a covered enclosure or covered pit shall be provided to prevent offensive odors, fly breeding and other nuisances.

[g]

The preceding housing requirements shall specifically exclude the keeping of domestic animals for boarding, training, sale and resale; however, such activities are not in connection with the pursuit of an agricultural use and do not relate to animals clearly related to the principal residential use and its occupants.

[h]

The providing of riding lessons or instructions, leasing of horses or other similar activities or boarding or housing other individual's animals is permitted with site plan approval. This shall, however, not preclude a riding instructor visiting the private residence to give lessons to members of that household.

(2)

Nothing in this Zoning Ordinance shall be construed to require that the limitations on the number of pastoral animals imposed by this or any other section of this chapter shall apply to any commercial farming or agricultural use qualifying for a farmland assessment, and all such commercial farms or agricultural uses qualifying for a farmland assessment shall be permitted to maintain and raise pastoral animals without limitation, subject, however, to all applicable local and state statutes, ordinances, rules and regulations.

Pinelands controls. Notwithstanding the minimum lot areas set forth in the Schedule of District Regulations of this chapter,[6] no such minimum lot area for a nonresidential use in the PA, FAR, AP, DVC or RDA Districts shall be less than that needed to meet the water quality standards of § 144-111, Water Quality, whether or not the lot may be served by a centralized sewer treatment or collection system. In the NV, NVC, SV, EV, EVC, WV, or PT Districts, no residential dwelling unit or nonresidential use shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.

[6]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

Pinelands Development Credit Program.

(1)

Pinelands Development Credits established:

(a)

Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by this state 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 T(1)(b) through (f) below, every parcel of land in the Preservation Area District and Agricultural Production District shall have a use right known as "Pinelands Development Credits" that can be used to secure a density bonus for lands located in a Pinelands Regional Growth Area. 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.

(b)

Pinelands Development Credits are hereby established in the Preservation Area District at the following ratios:

[1]

Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands Development Credits per 39 acres;

[2]

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands Development Credits per 39 acres;

[3]

Other uplands: one Pinelands Development Credit per 39 acres; and

[4]

Wetlands: two-tenths Pinelands Development Credits per 39 acres.

(c)

Pinelands Development Credits are hereby established in the Agricultural Production District at the following ratios:

[1]

Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands Development Credits per 39 acres;

[2]

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands Development Credits per 39 acres;

[3]

Other uplands and areas of active berry agriculture, bogs and fields: two Pinelands Development Credits per 39 acres;

[4]

Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands Development Credits per 39 acres;

[5]

Other wetlands: two-tenths Pinelands Development Credits per 39 acres.

(d)

The allocation established in Subsection T(1)(b) and (c) above shall be reduced as follows:

[1]

Any property 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 property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands Development Credits entitlement.

[2]

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 property.

[3]

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 property pursuant to Subsection T(2)(b) below or when a variance for cultural housing is approved by the Township pursuant to Subsection DD of this section.

[4]

The Pinelands Development Credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands Development Credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.

(e)

The owners of parcel of land which are smaller than 39 acres shall have a fractional Pinelands Development Credit at the same ratio established in Subsection T(1)(b) and (c) above.

(f)

Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area District or the Agricultural Production District as of February 7, 1979 shall be entitled to 0.25 Pinelands Development Credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.

(g)

The provisions of Subsection T(1)(d)[2] above shall also apply to owners of record of less than 0.10 acre of land in the Preservation Area District or Agricultural Production District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsection T(1)(b) and (c) above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 acre.

(2)

Limitations on use of Pinelands Development Credits.

(a)

No Pinelands Development Credits may be conveyed, sold, encumbered to 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. 3:34-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection T(3) below by a 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.

(b)

Notwithstanding the provision of Subsection T(2)(a) above, an owner of property from which Pinelands Development Credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands Development Credits for that property is reduced by 0.25 Pinelands Development Credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

(3)

Recordation of deed restriction:

(a)

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.

(b)

Such deed restriction shall specify the number of Pinelands Development Credits sold and that the property may only be used in perpetuity for the following uses:

[1]

In the 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 7-24-2012 by Ord. No. 7-2012; 10-24-2017 by Ord. No. 9-2017]

[2]

In the Agricultural Production District: agriculture, forestry; 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; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses.

[Amended 7-24-2012 by Ord. No. 7-2012; 10-24-2017 by Ord. No. 9-2017]

[3]

In all other zoning districts: agricultural; forestry and low-intensity recreational uses.

[4]

Pinelands Development Credits shall be used in the following manner:

[a]

When a variance of density of minimum lot area requirements for a residential or principal nonresidential use in the NV, NVC, SV, EV, EVC, WV or PT Districts is granted by the Township, Pinelands Development Credits shall be used for the dwelling units or lots in excess of that permitted without the variance.

[b]

When a variance for cultural housing is granted by the Township in accordance with Subsection DD(2) of this section; and

[c]

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[5]

In no case shall a building or construction permit be issued for any development involving the use of Pinelands Development Credits until the applicant 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. Redemption of Pinelands Development Credits shall be accomplished in accordance with N.J.A.C. 3:42-3.6.

Places of worship. Places of worship as defined in N.J.S.A. 54:4-3.6 are subject to site plan approval and shall be permitted in all Zoning Districts except the PA and AP Districts, provided they adhere to the following requirements:

(1)

The minimum lot size shall be in accordance with the commercial lot size requirement in that particular district;

(2)

Maximum height of buildings: 35 feet, excluding spires, provided that the number of stories at any point along the periphery of such building shall not exceed 2 1/2 stories;

(3)

Site, rear and front yard requirements. There shall be a minimum perimeter setback of 50 feet;

(4)

Building coverage as a percentage of lot area. All accessory buildings shall be located on the same lot as the principal buildings and the sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the area of the lot;

(5)

Landscaping. All landscaping shall be in accordance the landscaping regulations as set forth in this chapter;

(6)

Parking. There shall be one off-street parking space for every three seats in the largest seating area of the structure. One seat shall be considered 22 inches in calculating the capacity of pews or benches;

(7)

Exterior signs. All signs shall be in accordance with the sign regulations set forth in this chapter;

(8)

Places of worship in the FAR and FARR Districts shall comply with the standards of N.J.A.C. 7:50-5.23(b)1.

Planned unit residential development.

(1)

Purpose. The provisions of this article are enacted to ensure that the provisions of this chapter which are concerned in part with the uniform treatment of dwelling type, bulk, density and open space within each zoning district shall not be applied to the improvement of land by other than lot-by-lot development in a manner that would distort the objectives of this chapter; to encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in design and layout of dwellings and by conservation and more efficient use of open space ancillary to said dwellings; so that greater opportunities for better housing and recreation may extend to all citizens and residents of this Township; and in order to encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may ensure to the benefit of those who need homes; and, in aid of these purposes, to provide a procedure which can relate the design and layout of residential development to the particular site and particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential area and to ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures shall encourage the disposition of proposals for land development without undue delay. Furthermore, it should be clearly understood that fundamental to any of the actions, intentions, or purposes set forth herein, any development shall not be detrimental to the environment of the Township.

(2)

Conditions for a planned unit residential development. The following are prerequisite conditions for consideration of a planned residential development:

(a)

Any tract of land so developed shall be in one ownership, or in case of multiple ownership of the tract, it shall be developed according to a single plan with common authority and common responsibility.

(b)

In order to qualify as a planned unit residential development, the tract must have a minimum of 50 contiguous acres.

(c)

All of the tract must lie within one or more of the residential districts in the Township.

(d)

An application for a planned unit residential development must be accompanied by an environmental impact statement.

(3)

Use regulations. The uses permitted in a planned unit residential development shall be limited to:

(a)

Single-family detached dwelling units.

(b)

Open space set aside under the provisions of this article may be used, in whole or in part, in any of the following ways, or any manner similar thereto:

[1]

Boating and fishing.

[2]

Golf course.

[Amended 7-24-2012 by Ord. No. 7-2012]

[3]

Hiking and horseback riding.

Parks.

Play fields.

Playground.

Picnic areas.

Skating rinks.

Swimming pool.

Tennis courts.

Woodland.

Lakes.

Density. The following standards shall govern the density of dwelling units on the land within a planned unit residential development:

(a)

A plan may provide for a clustering of the dwelling units that would be permitted by the Township zoning regulations applicable to the site. Under the cluster option, the lot size applicable to each district may be reduced according to the schedule below, provided that the overall lot size for the district is maintained and the remainder of the lot not assigned to individual residential lots is permanently dedicated through recordation of a restriction on the deed to the property as open space with no further development permitted.

[Amended 7-24-2012 by Ord. No. 7-2012]

	NV	1 acre
	NVC	1 acre
	SV	1 acre
	EV	1 acre
	EVC	1 acre
	WV	1 acre

The Board, in determining the reasonableness of a plan to cluster units, shall recognize that this increase in density shall be justified by additional private amenities and by increased efficiency in public services to be achieved by the amount, location and proposed use of common open space and the location, design and type of dwelling units. The Board shall, in its determination, also consider that the physical characteristics of the site may make the clustering of densities appropriate in the particular location.

(b)

In the planned unit residential development, at least 40% of the total land in the tract shall be set aside as open space for the use and benefit of the residents of the Township and residents of the project, depending upon the decision of the Township to accept the open space as public land or let it remain in private control.

(c)

The maximum number of dwelling units permitted in a planned unit development and in any development wherein clustering is permitted or approved is the number of dwelling units which could be constructed on the tract if the tract were being developed as a conventional development in conformance with the zoning regulations set forth in Zoning Districts and Permitted Uses for the zoning district in which the tract is located and in conformance with other related provisions of this chapter, with no variances or waivers required.

(d)

The applicant shall submit a schematic test subdivision for a conventional development for purposes of demonstrating the number of units which could be produced under a conventional development unless the Planning Board determines that a more detailed submission is required.

(e)

The Planning Board shall evaluate the submitted test subdivision for the conventional development and shall determine the total number of residential lots that could be developed on the subject tract without utilizing the planned unit development or cluster development provisions. In its evaluation of the submitted test subdivision for the conventional development, the Board shall not count lots which reasonably can be concluded to be practically unusable for residential construction because of environmental constraints and, additionally, the Board shall not count lots which would require variances from the ordinance provisions governing conventional development.

(f)

The Board shall determine the total number of residential lots that could be developed on the subject tract without utilizing the planned unit development or cluster development based on the applicant's submission, testimony, and any other materials considered by the Board.

(g)

Once a conclusion is reached by the Planning Board as to the total number of residential lots that could be developed on the subject tract as a conventional development, that total number of residential lots shall not be exceeded in a planned unit or cluster development, provided that the total number of residential lots does not exceed the densities for the zoning district in which the tract is located, in accordance with the provisions of this article.

(5)

Standards for development. The following standards shall govern the design of planned unit residential development:

(a)

Site considerations, intent.

[1]

The finished topography of the site shall adequately facilitate the proposed development without excessive earth moving, tree clearance and destruction of natural rural amenities. Natural features such as lakes, streams and wooded areas shall be preserved and incorporated into the final landscaping of the development wherever possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. The location of such trees and other natural features must be considered when planning the open space, location of buildings, underground services, walks, paved areas and finished grade levels.

[2]

Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and to enhance the appearance of open areas.

[3]

Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Township Engineer will be required.

[4]

The provisions of site plan review and development standards incorporated as part of this chapter shall apply.

(b)

Housing sites.

[1]

Single-family houses shall be arranged so as to provide for individual lots for each unit. Sufficient yard areas shall be set aside and designated on the plan for each type of housing, so that on an average through the development no structure shall be closer than 25 feet to the property line. The maximum net residential density for single-family detached housing areas shall not exceed that permitted in the respective zoning district, except, however, for an increase in the local density which may be permitted in Subsection V(4)(a) of this section. The acreage set aside for common open space, rights-of-way of public streets or specific lots or areas set aside for commercial, institutional or other purposes, shall not be used for computation of net residential density for any residential uses.

[2]

It is the intention of this subsection that single-family houses shall be arranged in groups of clusters and not in long rows parallel to street lines.

[3]

The applicant shall make adequate provision for the maintenance of buildings and land within yard areas set aside as common open space pursuant to the organization of a condominium corporation with the responsibility for collection of sufficient levies or fees to pay the cost of such maintenance in the controls set forth in the Article VIII, § 144-55, Findings for planned developments.

[4]

All housing shall be designed with regard to topography and natural features of the site. The effects of prevailing winds, seasonable temperatures and hours of sunlight on the physical layout and form of the proposed land use and building shall be taken into account.

[5]

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks shall be encouraged.

[6]

All housing should be cited so as to provide privacy and to ensure natural light in all principal rooms.

[7]

Building height shall be limited to two stories, or 35 feet.

[8]

Routes for vehicular and pedestrian access and parking areas shall be convenient without creating nuisances or detracting privacy.

[9]

The following requirements shall apply:

[a]

No structure shall be within 30 feet of the curb of access roads or parking areas.

[b]

No structure shall be erected within 25 feet of the property line unless otherwise specified herein.

[c]

There shall be a minimum of 50 feet between any wall containing 10% or more of principal windows in living areas and any other such wall.

[d]

In order to promote good design and site orientation of dwellings and structure, the Planning Board may vary the terms of these requirements after careful review and justification.

[10]

All structures shall be a minimum of 50 feet from property lines of development, or from zoning district boundaries within the limits of a property to be developed as a planned unit residential development.

[11]

It is the intention of this subsection to encourage good quality development by taking into consideration the appearance of all elevations and layouts of buildings and external spaces and materials used therein.

(6)

Open space.

(a)

Areas set aside for open space shall be suitable for the designated purpose and in any event shall be consistent with the plan policy for future land uses in the Township. Any such areas shall contain no structure other than a structure related to recreational use. Consideration shall be given to the arrangement and locations of open spaces to take advantage of physical characteristics of the site and to place open spaces within easy access and view of dwelling units.

(b)

Any land set aside as open space, of such a size as may be capable of future subdivision under the regulations of this chapter, must be made subject to a deed restriction or agreement in a form acceptable to the Board and duly recorded in the Office for the Recording of Deeds in and for Atlantic County, eliminating the possibility of such further subdivision by transfer of development rights to the Township or by any method approved by the Board in approving the plan.

(c)

The Board may, at any time, subject to the approval of the Township Committee, accept the dedication of land or any interest therein for public use and maintenance, but the Board need not require, as a condition of the approval of a planned unit residential development, that land proposed to be set side for common open space be dedicated, or made available for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, pursuant to § 144-56, Establishment of open space organization.

(7)

Application for tentative approval for planned unit residential development shall be filed as if the application were a major subdivision and full site plan submission will be required.

Professional offices. Professional offices are subject to site plan review, and shall be permitted in the DVC, EVC, NVC, or PT Districts, provided that:

(1)

Offices of doctors, dentists, attorneys, architects, professional and licensed engineers and surveyors, and similar professionals shall be maintained in a way that does not violate regulatory and zoning ordinances of the Township. No research activity utilizing animals, human bodies, radioactive material (except X-ray equipment commonly used in medical practice), etc., shall be permitted. In reference to the permitted professions, the use of the term "single" shall also include and permit the plural.

(2)

Site size. There shall be a minimum site size of three acres, with road frontage of at least 25 feet.

(3)

Building coverage. The coverage of the land by all buildings (principal and accessory) shall not exceed 35% of the total site.

(4)

Parking. There shall be one square foot of off-street parking space for every square foot of gross building area. Each required parking space shall have direct access to a circulation aisle.

(5)

Setbacks. There shall be a perimeter setback of 50 feet.

(6)

Landscaping for parking areas. All landscaping shall be in accordance with Article XI, § 144-94, Landscaping.

(7)

Sign controls. One plaque sign measuring no more than two square feet shall be permitted for each professional office. Such sign shall be mounted flat against the wall of the principal building, uniform in design, and shall be considered for the purpose of identification rather than advertisement. One freestanding sign shall be permitted with an area of not more than 18 square feet. Such sign may be double-faced. Such sign shall not be neon, flashing, moving or intermittently lighted.

(8)

Professional offices are subject to review by the Planning Board and shall be permitted as part of a residential structure, provided that:

(a)

Such office shall be for the exclusive use of the professional who resides on the premises.

(b)

Such office use does not constitute more than 30% of the floor area of the structure.

(c)

Such office use does not generate the need for more than two employees to serve said professional.

(d)

Parking for professional offices shall be as follows:

[1]

At least one approved on-site parking space shall be provided for each professional and for each of his/her employees, plus three parking spaces for callers.

[2]

All parking spaces shall be restricted to the side and rear of the lot.

[3]

Parking spaces for clients shall have controlled access and egress points.

(e)

No more than one nameplate shall be permitted and said nameplate shall not exceed one square foot in area.

Public utility substations. Public utility substations may be permitted in any district, with minor site plan review from the Planning Board, provided that:

(1)

Such facilities shall be subject to the zoning requirements for residential structures in the particular district as to minimum lot area, setbacks, building height and landscaping. If such facilities are placed in a residential district, their architectural character shall be residential in nature.

(2)

Public utility substations in the PA, FAR, FARR, AP, RD and DVC Districts shall comply with the respective provisions of N.J.A.C. 7:50-5.22(b)4, N.J.A.C. 7:50-5.23(B)12, 5.24(B)9 and 5.26(B)10.

(3)

No permanent storage of material or surplus equipment, except for replacement of functional equipment within the subject building, shall be permitted on the building lot.

Recreation facilities and open space.

(1)

Recreational facilities. The Township provides substantial recreation facilities. Individual developments are encouraged to provide open space in lieu of individual recreation facilities.

(2)

Open space. In developments which provide housing facilities for 25 or more families, the Planning Board shall require a minimum of 15% of the site be dedicated for open space. Such open space shall be upland property contiguous to the subject parcel. No wetland areas or buffers shall be considered for open space area. The land to be dedicated shall remain under the ownership of the homeowners' association and shall not be donated to the Township or a nonprofit organization.

Resource extraction. The continuation of existing resource extraction operations may be permitted in the FAR District in accordance with N.J.A.C. 7:50-6, Part VI, subject to site plan approval, and shall comply with the following restrictions:

(1)

Annual license required. Resource extraction is limited to sand, gravel, clay and ilmenite as permitted under the Pinelands Comprehensive Management Plan. No sand, gravel, clay of ilmenite may be excavated, dug or mined for commercial purposes in the Township of Mullica without first obtaining a permit therefor from the Township Committee in the manner hereinafter set forth. For the purposes of this chapter, "commercial purposes" refers to the sale of commercial use of the sand or other product that is excavated, as distinguished from personal use of the product by the owner of the ground at the place where the same is excavated. No topsoil shall be mined for commercial purposes in the Township of Mullica except for agricultural use by a landowner. The continuation of existing resource extraction operations in accordance with N.J.A.C. 7:50-6, Part VI, is hereby declared to be a conditional use in the FAR Zoning District of Mullica Township. Any property owner seeking to engage in such activity must comply with the standards and regulations set forth hereinafter. Resource extraction operations shall not be a permitted use in any other zoning district of the Township.

(2)

License application.

(a)

An application for a resource extraction license shall be made by filing a completed application form and supporting documents in triplicate, together with the appropriate application fees, with the Township Clerk.

(b)

A precondition to the filing of the application shall be the granting of conditional use approval and site plan approval for the proposed resource extraction operation by the Township.

(c)

Upon submission of a completed application as provided for hereinabove, and upon review and approval of the supporting documents by the Township Engineer, Planning Board and Township Attorney, the Township Clerk shall issue a license on the terms and conditions provided for hereinafter. No application shall be made for a license hereunder, and no license shall be granted under this section, for any operations or site that would be in conflict or noncompliance with any zoning ordinance or development standard of the Township. License shall only be issued for premises in the FAR District.

(3)

Application requirements.

(a)

Prior to the filing of an application for a license, the applicant shall make application for conditional use approval and site plan approval to the Township.

(b)

Certification that all taxes are current on the premises.

(c)

The fee as required in Article VII of this chapter.

(d)

A site plan and environmental impact statement, prepared by a appropriately licensed professional, which shall conform with the terms and conditions of the site plan review section of this chapter; the legal description, including block and lot designation, and street address, if any, of the subject property; the description of all existing uses; and a brief written statement generally describing the proposed development.

(e)

Description and details of proposed safety measures to be taken during operations to eliminate unsafe and hazardous conditions, extensive erosion, and ponding of water.

(f)

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34.

(g)

If conditional approval is granted by the Planning Board, a performance bond shall be posted in compliance with this chapter and submitted to the Township Clerk at the appropriate time.

(h)

In addition to the performance bond, a certificate of insurance to show compliance with the insurance requirements of this section is to be submitted to the Township Clerk at the appropriate time.

(4)

Charges assessable. Upon conclusion of the Planning Board's review of such application, the Secretary of the Board shall deduct, from the fees tendered, the expenses for professional fees incurred by the Board during the review process. All such expenditures shall be individually itemized and submitted to the applicant together with the appropriate refund, if any, or an invoice for additional payment if required.

(5)

Expiration date of license. All licenses run for two years from the date of issuance.

(6)

Renewal of license. Licenses issued under this section may be renewed every two years under the following conditions:

(a)

If the appropriate annual fee and inspection fees for such license is tendered with the application.

(b)

If the applicant has not permitted or suffered a condition which would violate any federal, state, county or municipal law, ordinance or regulation as a result of any activity or operation under this note and the annual inspection conducted by the Township Engineer certifies that the applicant's mining operation conforms to the site plan approval granted by the Planning Board.

(c)

If the applicant submits the certification of paid taxes, the site plan and environmental impact statement, regrading and restoration plan, certificate of filing with the Pinelands Commission and other information as described in the application requirements of this section.

(d)

If the applicant has complied with the requirements of this section relating to grading, seeding, and restoration of that area of the site that has been excavated or mined.

(e)

If the applicant is in compliance with the originally submitted or properly approved amended plan and with all other terms and conditions that have been agreed upon as a result of the previous approval of the application.

(f)

If the applicant is in compliance with the requirements for performance bond under this section.

(g)

If the applicant is in compliance with the requirements for insurance under this section.

(7)

Time for renewal application.

(a)

An applicant for renewal of license hereunder shall be made no fewer than 90 days prior to the expiration of the then current license. Thereafter, the Township Clerk shall notify the Township Engineer and he shall submit his/her findings as to whether or not the applicant's mining operation conforms with the Planning Board's approval to the Township Clerk and the Planning Board at least 45 days prior to the renewal date. The Planning Board shall make its recommendations, if any, to the Township Clerk at least 21 days prior to the renewal date. The Township shall notify the Pinelands Commission of all decisions with respect to license approvals and renewals in accordance with the subdivision and site plan review section of this chapter. Failure by the applicant to request a renewal of the license as required hereunder shall result in a lapse of license. In such event, the applicant shall be required to submit a new site plan application and post the appropriate review fees.

(b)

The applicant for license renewal shall provide a notice of hearing on the application to all owners of real property within 500 feet of the site pursuant to the N.J.S.A. 40:55D-12.

(8)

Site plan and environmental impact statement. The site plan and environmental impact statement shall be prepared by an appropriately licensed professional and shall include:

(a)

A topographic map at a scale of a minimum of one inch equals 200 feet based on certified outbound and shall show:

[1]

Key map;

[2]

Existing topography with a contour interval of one foot where slopes are 3% or less, two feet where slopes are more than 3% but less than 15%, and five feet where slopes are greater than 15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line. Where any regrading is proposed, finished grade contours are to be shown in solid lines at contour intervals as stated herein.

[3]

The limits of the area to be mined or excavated shall not, in any one license term, exceed 40 acres.

[4]

The proposed dimensions, location and operations on the subject property.

[5]

The location of a permanently established bench mark or marks approved by the Township Engineer.

[6]

A plot of the access road or roads to and from the site, including all intersections with the nearest public highways.

[7]

Tree lines and all wooded areas.

[8]

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.

(b)

Names and all addresses of all site property owners, or if the site property is owned by a corporation, the names and addresses of all stockholders holding 10% or more of the outstanding stock of said corporation.

(c)

The names and addresses of all owners of property within 1,000 feet of the site shall also be included.

(d)

The location, size and intended use of all buildings on the existing site as well as all natural features, as in Subsection Z(8)(a)[1] through [7] above, within 1,000 feet of the existing site.

(e)

A determination of the amount of topsoil required to cover the reclaimed area to a depth of four inches and an engineer's estimate for the rehabilitation plan cost.

(f)

A stormwater drainage plan showing stormwater runoff from the site for pre- and post-drainage conditions.

(g)

A log of soil borings to the depth of the proposed excavation. At least one boring per acre shall be taken. Soil samples will be logged and classified and all applicable permits must be obtained. All test holes shall then be filled and/or grouted immediately after the test is made.

(h)

A soil erosion and sediment control plan. This shall show sediment and erosion control measures to be used during and after the material is removed. In construing and enforcing this subsection, the issuing authority shall use the State Standards for Soil Erosion and Sediment Control in New Jersey as a guide.

(i)

The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.

(j)

A soils map.

(k)

A reclamation plan in accordance with Subsection Z(9) below.

(l)

A signed acknowledgement from both the owner and the applicant that they are responsible for any resource-extraction activities which are contrary to any provisions of the Pinelands CMP, done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.

(m)

A list of federal and state endangered and threatened species designated in N.J.A.C. 7:50-6.2 and N.J.A.C. 7:50-6.32 that may occur in the habitats identified on the site. These habitats shall be sampled during the time of the year when these endangered and threatened species or their sign can be found and identified.

(9)

Reclamation plan and standards.

(a)

Restoration of the operation site shall be conducted in accordance with the reclamation plan, prepared by a licensed engineer and submitted with the site plan at the time of the original application. The reclamation plan shall include:

[1]

Method of stockpiling topsoil and overburden;

[2]

Proposed grading and final elevations;

[3]

Topsoil material application and preparation;

[4]

Type, quantity and age of vegetation to be used;

[5]

Fertilizer application including method and rates;

[6]

Planting method and schedules; and

[7]

Maintenance requirements schedule

(b)

This plan shall include topographic map of the entire site to a scale of one inch equals 200 feet showing a final regrading of the site of the proposed operation. The map shall show:

[1]

The side slope of all cuts and fills. Restored areas shall be graded 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 follows:

[a]

Any body of water created or re-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.

[b]

Slopes beyond a water body's shoreline shall be permitted to the natural angle of repose to the bottom of the pond.

(c)

Upon completion of the excavation, digging, or mining, the site shall be made usable for the uses permitted by the development ordinance in that area of the municipality. A final grading and planting plan shall also be prepared by a licensed engineer and submitted with a resource extraction application to encourage habitat diversity and the establishment of native plants and animals.

(d)

In the case of a wet pit, final regrading shall be accomplished to increase the suitability of the wet pit for migrating animals and native Pinelands species. The restored slope shall conform with the standards of Subsection Z(9)(b)[1] above.

(e)

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.

(f)

The reclamation plan shall also conform to the following standards:

[1]

Restoration shall be a continuous process and each ten-acre portion of the parcel shall be restored such that 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.

[2]

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the operational standards of this section.

[3]

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated.

[4]

All equipment, machinery and structures, except for structures acceptable to the Township 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.

[5]

Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation which existed prior to the extraction activity and shall include:

[a]

Stabilization of exposed areas by establishing ground cover vegetation; and

[b]

Re-establishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:

[i]

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;

[ii]

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 these species;

[iii]

A combination of the planting techniques set forth in Subsection Z(9)(f)[5][b][i] and [ii] above; or

[iv]

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.

(10)

Periodic inspections. The Township Engineer shall from time to time make unannounced on-site inspection of the mining operation to review and assess the applicant's conformance with the approved restoration plan. Such periodic inspections shall be a minimum of four times per year; the cost of the same to be paid by the applicant from the annual licensing fees. If for any reason additional inspections are required and should the professional fees charged by the Township Engineer exceed the amount of the application fee, then the applicant shall be billed accordingly.

(11)

Performance bond.

(a)

Prior to the issuance of any license or renewal of a license under this section, the applicant shall submit a performance bond or letter of credit from a financial institution licensed to do business in the State of New Jersey in an amount acceptable to the Township Clerk as approved by the Township Engineer. The amount of the bond shall be equal to the Township Engineer's estimate of the costs of the entire restoration and reclamation effort for the applicant's site. Evidence that such bond or letter of credit remains in full force and effect shall be tendered to the Township Clerk at the time of filing the annual renewal license and such bond or letter of credit shall run to the Township of Mullica, County of Atlantic, State of New Jersey, its successors and assigns and shall be conditioned for the faithful performance of the conditions of this section.

(b)

Except as hereinafter provided, the actual amount of the bond of the applicant shall be such amount as is approved by the Township Engineer, but in no case less than $5,000 per acre or fraction thereof; multiplied by the total number of acres covered by the original license; plus the number of acres or fraction thereof to be covered by the renewal license; less the number of acres that the Township Engineer has certified have been graded, seeded and reforested, where and as required, as herein provided; less the amount required for a maintenance bond on the area undergoing restoration.

(c)

Said performance guarantee shall be kept in force for the term of the permit and may be a bond or cash payment in an amount sufficient, in the opinion of the Township Committee, to assure the rehabilitation of the site of operations after having considered the area, restoration plan, and depth of excavation or proposed excavation, inflation that may occur during the period the site is in operation, and any facts relevant to the cost of the rehabilitation of the site.

(d)

All bonds or letter of credit must be approved by the Township Attorney. The amount of the bond or letter or credit may be increased annually upon the written recommendation of the Township Engineer.

(12)

Insurance.

(a)

An original application for a license under this note shall be accompanied by a certificate of public liability insurance reflecting the issuance of a policy of public liability insurance to the applicant, wherein the Township is named as coinsured for damages arising out of any activity of the applicant under a license issued under this note, in an amount not less than $1,500,000/$3,000,000 for death or bodily injury, and $1,000,000/$2,000,000 for property damage.

(b)

No renewal license shall be issued unless and until the applicant files with the Township Clerk a certificate reflecting continued or renewed public liability insurance in the amount specified in Subsection Z(12)(a) above.

(13)

Operational standards for all sites.

(a)

All topsoil shall be stripped from the operational area and shall be stockpiled at 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 and water erosion.

(b)

Access roads must be a minimum of 30 feet and a maximum of 50 feet in width. They must be constructed of crushed stone and designed by the applicant's engineer and approved by the Township Engineer. Whenever possible, access road grading shall be away from the public highway to prevent sediment from washing onto the public road.

[1]

The angle of the intersection with the public road must conform to the same regulations set forth in development standards section of this chapter.[7] In no case shall any access road into the site intersect with a public highway less than 500 feet from the intersection of said public highway with any other public highway.

[7]

Editor's Note: So in original; see Art. XI, Design, Performance and Evaluation Standards.

(c)

Stop signs shall be provided by the permit holder and installed on any access road into the site at its intersection with the public highway. The permit holder shall be required to comply with any state and local regulation pertaining to the placing of stop signs. "Truck Entering" signs shall be installed by the permit holder on the public highway at least 200 feet in each direction from the access road into the site.

(d)

A crossing guard or flagman may be required to monitor and control traffic into and out of the site at certain periods of operation upon request of the Mullica Township Chief of Police.

(e)

A gate shall be provided across the access road at the intersection with the public highway. The gate shall be closed and locked at all times that the site is not in active operation.

(f)

All loaded trucks must be covered with a suitable cover that complies with all state regulations. All materials deposited on the public highway by spillage or by tracking from the wheels must be removed by the permit holder before nightfall on the day of said deposit at the sole cost and expense of the permit holder. This regulation shall apply, as a minimum, to that portion of the public highway within 200 feet of the intersection with the site access road, or a greater distance if necessary.

(g)

No natural vegetation at the site shall be disturbed except at the exact location of the excavation digging, mining, or where site access occurs. All natural vegetation shall be left and maintained on the undisturbed land and protected for landscape enhancement, screening, and noise reduction purposes.

(h)

No excavation, digging, or mining other than that necessary for construction approved by the Township Construction Official shall be conducted within 200 feet of an existing public highway. No excavation, digging, mining, stockpiling of debris, or disturbance of the natural vegetation shall be permitted within any buffer or setback area.

(i)

During operations, when any portion of the excavation, digging, or mining shall have depth in excess of 10 feet and create a slope of more than 30°, there shall be erected a chain link fence or comparable barrier at least six feet high with suitable gates, where necessary, effectively blocking access to the area in which the excavation is located. All gates shall be locked when excavation, digging, or mining is not in progress, and such fence or comparable barrier shall be located between the buffer area and the area being excavated. The fence must be maintained until restoration is completed.

(j)

The slope of the material in any excavation shall not exceed the normal angle of repose of the material at the end of each day's operation.

(k)

No graded or backfilled area shall be permitted to collect stagnant water.

(l)

No excavation, digging, or mining shall be allowed within 300 feet of a natural body of water or wetlands. No stream or surface of water naturally flowing across the site or occurring on the site shall be disturbed or diverted.

(m)

No permit holder may excavate, dig, clear or mine in an area in excess of 10 acres at any one time. No permit holder shall be permitted to extend his/her operation into a new ten-acre area absent certification from the Township Engineer that at least 1/2 of the previous area of the operation has been rough graded to the grade shown in the plans submitted in accordance with the restoration standards section.[8]

[8]

Editor's Note: So in original; see § 144-100F.

(n)

In no event shall the lot area of the property on which the uses permitted by the terms and conditions of this section be less than 20 acres in size.

(o)

No permitted operation shall utilize blasting or explosives.

(p)

All processes and equipment used in the permitted operation shall be constructed and operated in a manner as to reduce noise, dust and vibration to an amount not detrimental to the normal use of an adjoining property, and each use shall utilize such dust collection or other devices as are necessary to insure that the use will not constitute an objectionable condition.

(q)

Surface runoff is to be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.

(r)

Excavation must not exceed 65 feet below the natural surface of the ground existing prior to excavation.

(s)

The resource extraction operation will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each ten-acre portion of the parcel proposed for extraction will be worked.

(t)

Restoration of disturbed areas at the completion of the resource extraction operation will be carried out in accordance with the reclamation plan and standards section and the implementation of the restoration plan will be secured in accordance with the required performance, reclamation and maintenance bonds.

(u)

The operation 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.

(14)

Operational standards for dry pit.

(a)

The provisions of this section shall apply to those excavations, digging, or mining where no water can accumulate into the reclaimed area.

(b)

Dry pit excavation, digging, and mining operations shall be conducted so as to result in a dry pit condition when restored and reclaimed. During the entire operation of the dry pit, no freestanding water shall be permitted to accumulate. Dry pits shall be excavated, dug, or mined so that a minimum of five feet of soil is retained over a seasonal high water table except that 10% of the site may be mined to a minimum depth of up to two feet above seasonal high water table.

(15)

Operational standards for wet pit.

(a)

The provisions of this section shall apply to those excavations, digging, or mining where the accumulation of water in a reclaimed area is contemplated and. where digging or mining is in excess of Subsection Z(14) above.

(b)

Wet pits shall be excavated, dug, or mined so as to result in wet pit condition when restored and reclaimed. These pits shall be excavated to a depth of at least five feet but no greater than 15 feet below the seasonal high water table with side slopes both above and below water having a slope not greater than 5:1.

(16)

Prohibited activities.

(a)

No license shall be granted which will permit a licensee to, and no licensee shall:

[1]

Engage in the business of excavation, removal, sale or other commercial disposition until and unless the owner of the lands from which the sand, gravel, clay, and ilmenite are proposed to be removed has signed a written consent thereto and has filed the same with the secretary of the appropriate board, unless the applicant for the license is such landowner, in which event the applicant for a license shall so state. If a consent is required hereunder, it shall accompany the application to be filed with the Secretary of the Planning Board.

[2]

Begin to operate and engage in said business until the concerns and exterior lines of the licensed premises have been staked and permanently marked so that the licensed area shall be clearly designated and in order that no public highway or private property of another shall be endangered by the proposed business. The licensee shall have a licensed New Jersey Land Surveyor stake and mark said area. The Township Engineer shall examine said exterior lines and approve the same to the Township Committee.

[3]

Prevent or attempt to prevent or hinder the Township Committee or any of its authorized employees or servants from viewing, inspecting, and examining the licensed premises at any reasonable time.

[4]

Remove or permit to be removed or obliterated any stake or marking or boundary marker. If any of said stakes or markings are removed or destroyed, the same shall be promptly replaced by licensee. The intent of this provision is that said stakes and markings shall be maintained at all times on the licensed premises by the licensee.

[5]

Permit any unattended child or children upon the licensed premises or do anything to permit or cause the licensed premises to be or continue as a source of danger to children or adults.

[6]

Resource extraction operation must not result in a substantial adverse impact on those significant resource depicted on the Special Areas Map, Figure 7.1, of the Pinelands Comprehensive Management Plan.

[7]

Construe his, her, or its license to cover any area or parcel of land other than the area, lot or parcel described in his, her or its license.

[8]

Use, or permit the site to be used, as a temporary storage site or as a landfill for municipal solid waste; ash; construction debris; cut or dead trees, stumps, brush, or other similar waste; sewage sludge or compost; concrete or asphalt debris; or any other material left over from an industrial or construction process.

[9]

Engage in any operations for the mining or removal of any substance in any area of the Township that is not permitted by the Zoning Ordinance.

[10]

Remove, relocate, sell, or otherwise dispose of any sand, gravel, clay or ilmenite deposits for any land unless and until all taxes on said land shall have been paid.

(b)

No licensee shall load or permit to be loaded at any licensed premises any vehicle intended to be used to transport any product of the licensee on any public highway, unless such material is covered and said vehicle proposed to be loaded has a tight body. The purpose of this provision of this section is to prevent any sand, gravel or other material from being spilled or thrown upon any public highway.

(17)

Reclamation and maintenance bond.

(a)

In accordance with the restoration plan, appropriate vegetation shall be planted within 12 months of the cessation of the excavation, digging, or mining. A planting report shall be filed with the Secretary of the appropriate Board when planting of the permit area is completed. All planting reports shall be certified by the permit holder and the party with which the permit holder contracts for planting, if any.

(b)

No earlier than 30 days and no later than 90 days after planting has been made, the permit holder shall request an inspection of the site by the Township Engineer. Thereafter, the Township Engineer shall inspect and evaluate the vegetative cover and determine whether said cover is in compliance with the approved restoration plan. Upon certification by the Township Engineer that the approved restoration plan has been complied with; that a minimum of 75% stand has been achieved; and that all other terms and conditions of the reclamation plan, the site plan, the environmental impact statement, and the permit have been met, the Township Committee may, at its sole discretion, release a portion of the performance bond to the permit holder. The remainder of the performance bond shall be held as a maintenance bond.

(c)

A maintenance bond shall be kept in full force and effect for a period of two years beyond the date when the required reclamation is completed. This bond shall be in the amount of $1,500 per acre of the licensed premises unless the Township Engineer determines that a greater amount will be necessary to cover the cost of any necessary reseeding or reforestation, in which cases the Township Engineer will specify the amount in his/her report. The maintenance bond shall not be released until reforestation has been established to the satisfaction of the appropriate Board and Township Committee.

(d)

In the event there is a breach of conditions of approval, if the permit has been granted subject to conditions, the Township Committee shall, after five days' written notice to the permit holder or his/her representatives, take possession of the site and proceed with the rehabilitation of the premises in accordance with the plans submitted for restoration and reclamation in accordance with this section and § 144-124. The permit holder then forfeits the performance bond and the maintenance bond.

(18)

Modification of license.

(a)

The Township Committee expressly reserves the right to change, alter, modify, revoke, or refuse to renew any licensed issued under this section at any time and to regulate the hours of operation after written notice to the applicant of such intention, including the reasons for such action, and after an opportunity to be heard at a public hearing. Nothing herein contained shall be deemed a waiver of any other recourse available to the Township of Mullica, including any action at law or equity for damages, fines, penalties, or restraints.

(b)

The standards to be applied to any action taken or proceedings held by the Township Committee shall be the same as those set forth in Article XI, Design, Performance and Evaluation Standards, of this chapter.

(19)

Additional rights of Township. In addition to the foregoing, but not limited thereto, the municipality may institute and maintain a civil action:

(a)

For injunction and other equitable relief.

(b)

To set aside and invalidate any license made in violation of the provisions of this chapter or nonconformance therewith, which license was procured through misrepresentation of falsification in applying for such license or the failure to file a contour map or report as required by this chapter.

(20)

Suspension or revocation of license.

(a)

A license issued under this chapter may be temporarily suspended by any of the enforcement officers of Mullica Township, or revoked by the Township Committee for the following reasons:

[1]

Where the licensee fails to submit any document(s) or report(s) required under this section; or fails to comply with the provisions of this section relating to grading, seeding or reforestation; or fails to correct a condition that constitutes a violation of this section.

[2]

Where the licensee is in violation of a federal, state, county or municipal law, ordinance or health regulation as a result of any activity or operation under this section, or where the licensee has failed to pay any real estate taxes or other assessments due and owing upon the lands covered by the license.

[3]

Where the licensee has filed to maintain in full force and effect the appropriate insurance and/or bonding or letter of credit as required hereunder.

[4]

Where the licensee has violated any of the terms or conditions of the site plan approval granted by the appropriate Board or where the licensee's operation endangers the person or property of an adjoining landowner.

[5]

Where the licensee has failed to pay the annual renewal fee or any other assessment arising from inspections of the property by the Township Engineer.

(b)

A temporary suspension made hereunder shall not exceed 10 days. Written notice of the suspension shall be given to the licensee and shall include a statement of the reasons why it is being issued. The notice shall allow a reasonable time which shall be specified, for the performance of any act it requires. The notice shall be served upon the owner or his/her agent, provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is sent by certified mail to his/her last known address, if a copy thereof is posted in conspicuous place in or about the licensed premises affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of New Jersey.

[1]

Such notice shall contain an outline of remedial action which, if taken, will effect compliance with this section and permit the license to be reinstated. Failure to comply with the required remedial actions may, upon recommendation of the enforcement officer to the Township Committee, result in revocation of the license.

[2]

In the event the enforcement officer is of the opinion that the violations are so serious as to warrant revocation, the notice shall so state and such recommendation shall be transmitted to the Township Committee.

(c)

Any licensee affected by a notice of temporary suspension or proposed revocation may request, and shall be granted, a hearing before the Township Committee in order that he may show cause why the suspension or proposed revocation is inappropriate. Such a request for hearing must be made with the Township Clerk within 10 days after the notice is served and the hearing shall commence no later than 16 days after the day in which the request for hearing has been filed with the Township Clerk. After such hearing, the Township Committee shall sustain, modify or withdraw the notice depending upon its findings as to whether there has been a violation of this section. If the Township sustains or modifies such notice, it shall be deemed to be an order which, at the discretion of Township Committee, may operate as a continuation of the suspension or as a revocation of the license.

[1]

Any notice of proposed revocation served pursuant to this section shall automatically become an order of revocation if a written petition for a hearing is not filed with the Township Clerk within 10 days after such notice is served.

(21)

Fees and charges: as set forth in the Article VII of this chapter.

(22)

Nontransferability of license. The license issued under this chapter is not transferable, and the holder of the license shall be solely responsible for the provisions specified in this section.

(23)

Mailing of copies of notice. The Township Clerk shall mail a copy of this section to each owner of property now being mined and to each operator of said mining operation, in the Township of Mullica, in order that such licensee may know and be advised what he must do before his/her business license may be taken out, pursuant to this chapter.

(24)

Violations and penalties. All penalties for violations of this section shall be in accordance with the penalties and violations as set forth in this chapter.

AA.

Schools. Private schools or educational facilities shall be required to submit an application for major site plan to the Mullica Township Planning Board for review and approval.

BB.

Sign controls.

(1)

No sign shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboards shall be erected or replaced.

(2)

No sign shall be erected, altered or replaced which is not in accordance with the standards established in this chapter. The erection of any sign shall require a zoning permit and, depending on the type of sign, a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, other places of business or other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.

(a)

Animated, flashing and illusionary signs, except for warning or safety, signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement or which change physical position by any movement or rotation or give the visual impression of such movement or rotation are prohibited.

(b)

Except as provided in Subsection BB(2)(o) below, no outdoor, off-site commercial advertising sign shall be permitted, except that:

[1]

Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in PT District; and

[2]

Signs advertising agricultural commercial establishments shall be permitted, provided that:

[a]

No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area; and

[b]

No more than two signs shall be placed in any one direction along each road directly approaching the establishment.

[c]

Setback for freestanding signs in all zoning districts shall have a setback from the property line of 15 feet.

[Added 10-24-2017 by Ord. No. 9-2017]

(c)

Freestanding signs. Signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made in permanent support of the freestanding signs.

(d)

Height. No freestanding or attached sign shall be higher at any point than the roofline of the building, except that no sign shall exceed any lesser height if particularly specified elsewhere in this chapter. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but not limited to driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.

(e)

Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall comply with the appropriate state uniform construction codes.

(f)

Information and direction signs. Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property," "no hunting" or similar signs are permitted in all districts but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area.

(g)

Maintenances. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(h)

Real estate signs. Two signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be permitted. Such sign shall not exceed nine square feet on each of two sides and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and 15 days after the legal closing. All such signs do not require a construction permit.

(i)

Sign area. Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself. Square footage of freestanding signs shall have a maximum square footage of 50 feet.

[Amended 10-24-2017 by Ord. No. 9-2017]

(j)

Signs and sign structures. Signs and sign structure of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.

(k)

Signs with two exposures. Signs with two exposures shall be measured for area by using the surface areas of one side of the sign only. Both sides may be used. Square footage of freestanding signs shall have a maximum square footage of 50 feet.

[Amended 10-24-2017 by Ord. No. 9-2017]

(l)

Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 14 inches from the building.

(m)

Attached signs. One unlighted or lighted sign on each building facade. The total area of the sign shall not exceed 10% of the areas of the face of the wall upon which such sign is attached or 30 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign not to exceed an area equivalent to 1/2 that of the sign on the front of the building.

(n)

Signs shall be placed no closer than three feet of either side or the width of the storage frontage; one foot from the top of the roof line; and two feet from the top of the canopy or window line of the store.

(o)

Any existing off-site sign which does not conform to Subsection BB(2)(a) above shall be removed immediately. Any existing off-site sign which does not conform to Subsection BB(2)(b) above shall be removed no later than 90 days after adoption of this section.

(p)

No temporary sign made of paper, cardboard, canvas or similar material other than a sign advertising a sale on the premises or the sale or rent of a premises on which the sign is located shall be permitted except inside the building.

(3)

Permitted signs. The following signs are permitted for uses as specified in Article XII of this chapter for the various zoning districts.

(a)

The following signs are permitted in the Preservation Area District:

[1]

Official public safety and information signs displaying road names, numbers and safety directions.

[2]

On-site signs advertising the sale or rental of the premises, provided that:

[a]

The area on one side of any such sign shall not exceed 12 square feet.

[b]

No more than one sign is located on any parcel of land held in common ownership.

[3]

On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that:

[a]

The size of any such sign shall not exceed 12 square feet.

[b]

No more than one sign is placed on any single property.

[4]

Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed two square feet.

[5]

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:

[a]

The size of any such sign shall not exceed six square feet.

[b]

No more than one sign is permitted for any individual parcel of land.

[6]

On-site business or advertising signs, provided that:

[a]

No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment.

[b]

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.

[7]

Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.

[8]

Temporary on- 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.

[9]

All other temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet and is set back at least 20 feet from the street line or property line are permitted via a permit for a thirty-day period. If said sign is not removed after the approved thirty-day period, the Code Enforcement Official may remove said sign at the owner's expense. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.

(b)

All residential districts.

[1]

Home professions. One professional sign or nameplate not more than one square foot in area. One such sign shall be allowed for each permitted use or dwelling unit.

[2]

Development sign advertising residential construction. Such signs shall be not larger than 32 square feet in area, shall be limited in number to one for each street frontage and shall be located on the subject premises. Development signs shall be removed within 20 days after occupation of the last house in the subdivision.

[3]

Contractor's or mechanic's sign, not greater than six square feet in area. One such sign shall be allowed for each street frontage and shall be removed promptly upon completion of work.

[4]

Temporary sign limited to signs advertising activities of civic, political or religious organizations. Such signs shall be limited to 12 square feet in area and shall require a permit. Such permit shall run for 30 days and may be renewed once for another period of 30 days. Six months shall elapse between permits issued to any one organization.

[5]

In residence districts where townhouses and garden apartments are permitted, one identification sign indicating the name and rental information for an apartment house or group of apartments. Such signs shall be not greater than 35 square feet in area and a maximum of 12 feet on any side.

[6]

Temporary signs advertising political parties or candidates for election or special events should be erected no more than 30 days prior and must be removed within five days after the date of election or special event.

[Added 10-24-2017 by Ord. No. 9-2017]

(c)

Village centers: Devonshire Center, Pineland Town, Elwood Village Center, and Nesco Village Center.

[1]

The total sign background area for all businesses located on the property shall not exceed 30% of the commercial building facade to which the sign is applied. (Note: In computing background area in square feet, standard mathematical formulas for known common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. On signs with more than one face, only that face or faces visible from any one direction at one time will be counted.

[2]

Freestanding signs. One unlighted or lighted freestanding sign for each principal building or group of attached principal buildings.

[a]

Height: 15 feet or the height of the principal building, whichever is shorter.

[b]

Setback: 10 feet from the street line.

[c]

Area: 30 square feet.

[3]

(d)

Village centers: Devonshire Center, Pineland Town, and Elwood Village Center on a Four-Lane Highway.

[1]

Attached signs. One unlighted or lighted sign on each principal building facade with at least 200 feet of street frontage. The total area on the sign shall not exceed 10% of the area of the face of the wall upon which such sign is attached or 75 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to 5% that of the front of the building. Where more than one use occupies a building, a sign not exceeding eight square feet identifying the name of the use may also be attached at the entrance.

[2]

Freestanding signs: one unlighted or lighted freestanding sign for each principal building or shopping center.

[a]

Height: 15 feet or the height of the principal building, whichever is shorter.

[b]

Setback: at least 30 feet from any street or lot line.

[c]

Area: 100 square feet.

[3]

Temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet, it is set back at least 10 feet from the street line or property line, at the discretion of the Building Inspector, and said sign is removed, at the owner's expense, within 30 days after it is erected. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.

(e)

Industrial parks. Each principal building may have one lighted or unlighted sign, either freestanding or attached.

[1]

If freestanding:

[a]

Height: 15 feet.

[b]

Setback: at least 30 feet from all street lines and lot lines.

[c]

Area: 50 square feet.

[2]

If attached to the building:

[a]

Height: no higher than the roofline.

[b]

Area: 10% of the front wall or 75 square feet, whichever is smaller.

[3]

Temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet, it is set back at least 20 feet from the street line or property line, at the discretion of the Building Inspector, and said sign is removed, at the owner's expense, within 30 days after it is erected. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.

(f)

Scenic corridor conditions.

[Added 10-24-2017 by Ord. No. 9-2017]

[1]

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 the Pinelands Area.

[2]

No sign, other than a warning or safety sign, which changes physical position by any movement or rotation, or which gives the visual impression of such movement or rotation, shall be permitted in the Pinelands Area.

[3]

No outdoor, off-site commercial advertising sign shall be permitted, except that:

[a]

Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the PT District; and

[b]

Signs advertising agricultural commercial establishments shall be permitted, provided that:

[i]

No more than two signs shall be placed in any one direction along each road directly approaching the establishments; and

[ii]

No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

[4]

Any existing sign which does not conform to Subsection BB(3)(f)[1] and [2] above shall be removed immediately. Any existing sign which does not conform to Subsection BB(3)(f)[3] above shall be removed no later than December 5, 1996. The enforcement of this section shall be the responsibility of the Pinelands Commission.

[5]

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.

CC.

Site triangles. On a corner lot in any district, sight triangles shall be required in addition to the right-of-way, in which no grading, planting or structure shall be erected or maintained so as to interfere with vision between a height of two feet and 10 feet as measured from the center-line grade of either intersecting street. The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines the following distance away from the intersecting center lines. Sight triangle dimensions shall be in accordance with AASHTO Standards for Highway Construction.

DD.

Substandard lots and cultural housing exemptions.

(1)

Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more, excluding land in the Preservation Area District and those lands governed by the New Jersey Coastal Wetlands Act, N.J.S.A. 13:9A-1 et seq. shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

(a)

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

(b)

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;

(c)

The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and

(d)

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

(2)

Residential dwelling units on one-acre lots may be permitted in any district, provided that:

(a)

The applicant satisfies all of the requirements set forth in Subsection DD(3) below;

(b)

The lot to be developed existed as of February 9, 1979, or was created as a result of an approval granted by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;

(c)

The applicant qualifies for and receives from the Township a variance from the three-and-two-tenth-acre lot size requirement set forth in Subsection DD(3) below;

(d)

The applicant purchases and redeems 0.25 Pinelands Development Credits; and

(e)

Any Pinelands Development Credits allocated to the lot to be developed are reduced pursuant to § 144-123T of this chapter.

(3)

Residential dwelling units on three-and-two-tenth-acre lots may be permitted in any district, provided that:

(a)

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

(b)

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

(c)

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

(d)

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 or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

EE.

Storage of commercial vehicles. Passenger vehicles, pickup trucks or vans when used for commercial purposes and owned or operated by the resident on the property may be parked or stored in the driveway. Trucks and other commercial vehicles not listed above shall not be parked or stored overnight at a residential property unless the vehicle is engaged in a construction activity at said property. School buses owned and operated by a licensed student busing company, may be stored at the bus drivers residence. Up to two buses shall be permitted on one parcel. Buses may not be parked within municipal rights-of-way.

FF.

Swimming pools.

(1)

Permitted uses. Private swimming pools shall be permitted in ail residential districts.

(2)

Compliance required. It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the Township of Mullica except in compliance with the provisions of this section.

(3)

Permit required. It shall be unlawful to proceed with construction, installation, enlargement, or alteration of any swimming pool and appurtenances within the Township unless a zoning permit in accordance with the procedures set forth in this chapter is issued.

(4)

Location. No portion of an outdoor swimming pool shall be located at a distance of less than 10 feet from any side or rear property line, or building line, nor at any other location where a structure is prohibited under the other terms of Mullica Township's Zoning Ordinances. Pumps, filters and pool water disinfection equipment installations shall be similarly restricted to be requirements of this subsection.

(5)

Recirculation pools. All swimming pools shall be of the recirculation type in which circulation of the water is maintained through the swimming pool by pumps; the water drawn from the swimming pool shall be clarified and disinfected before returned to the swimming pool.

(6)

Walk areas. Unobstructed walk areas of not less that 36 inches shall be provided to extend entirely around any in-ground swimming pool. The walk area shall be constructed of impervious material, and the surfaces shall be such as to be smooth and easily cleaned and of nonslip construction. The slope of the walks shall have a pitch of at least 1/4 inch to the foot, designed to prevent back drainage from entering the swimming pool. On all aboveground swimming pools, no completely surrounding walk area shall be required. Where a walk area is provided, however, such area shall be at least 36 inches wide and bordered by a fence or railing.

(7)

Fences. All outdoor swimming pools shall be completely enclosed by a fence. Such fence may either be used to enclose only the swimming pool itself, or may be a fence which provides a continuous barrier to the portion of the yard where the swimming pool is located. The structural sides of an aboveground pool may be used to satisfy a portion of the fence height requirement. In all cases, a minimum height of four feet shall be met by vertical fence extensions from the side or other means. Retractable stairs, which are self-latching, are acceptable substitutes for closing gates. All fence openings or points of entry into the swimming pool area enclosures shall be equipped with gates. The fence and gates shall be at least four feet in height above the grade level. All gates shall be equipped with self-closing and self-latching devices placed on top of the gate. Fence posts shall be decay or corrosion-resistant and shall be set in concrete bases, or by manufacturer's specifications. All fences shall be in compliance with current BOCA Code requirements.

(8)

Steps or ladders. In every swimming pool, at least one means of egress in the forms of steps or ladders shall be provided.

(9)

Electrical requirements. All the electrical installations provided for, installed, and used in conjunction with private residential swimming pools shall be in conformance with ordinances regulating electrical installations; however, ground fault interrupters shall be required in all instances.

(10)

No current carrying electrical conductors shall cross private residential swimming pools, either overhead or underground.

(11)

All metal fences, enclosures, or railings near or adjacent to swimming pools, which might become electrically alive as a result of contact with broken overhead conductors or from any other cause, shall be effectively grounded.

(12)

Inspection. The Zoning Officer periodically may inspect any swimming pool to determine whether or not the provisions of the ordinances have been compiled with and maintained.

(13)

Nonconforming uses. All swimming pools not in conformance with this chapter erected or maintained prior to the effective date of this chapter shall be deemed to be nonconforming uses.

GG.

Towers and telecommunications facilities.

(1)

Findings.

(a)

The Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996 (hereinafter the "Act"), grants the Federal Communications Commission exclusive jurisdiction over:

[1]

The regulation of the environmental effects of radio frequency (RF) emissions from telecommunication facilities; and

[2]

The regulation of radio signal interference among users of the RF spectrum.

(b)

The Township's regulation of towers and telecommunication facilities within Mullica will not have the effect of prohibiting any person from providing wireless telecommunication services in violation of the Act.

(2)

Purposes.

(a)

The general purpose of this chapter is to regulate the placement, construction and modification of towers and telecommunication facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of competitive wireless telecommunications marketplace as it relates to the Township of Mullica.

(b)

Specifically, the purposes of this chapter are:

[1]

To regulate the location of towers and telecommunication facilities within the Township of Mullica.

[2]

To protect residential areas and land uses from potential adverse impact of towers and telecommunication facilities.

[3]

To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

[4]

To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

[5]

To promote and encourage the utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunication facilities.

[6]

To avoid potential damage to property and personal injury to residents caused by towers and telecommunication facilities by insuring that such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or are determined to be structurally unsound.

[7]

To ensure that towers and telecommunication facilities are compatible with surrounding land use.

(3)

Development of towers.

(a)

Towers shall be a conditional use in all zoning districts within the Township of Mullica subject to Planning Board approval and the siting standards set forth in Subsection GG(3)(a)[1] through [4] below. Any application for a tower shall require conditional use approval and major site plan approval. To the greatest extent possible, both requirements shall be considered as part of a single application. Outside the SV, WV, NV, EV, PT, EVC, NVC and AP Districts, towers shall be permitted only at the following locations:

[1]

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

[2]

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

[3]

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

[4]

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

(b)

No person shall build, erect or construct a tower upon any parcel of land within any zoning district set forth above unless approval has been received by the Planning and/or Zoning Board within the Township of Mullica.

(c)

Towers are exempt from the maximum height restrictions of the districts where located, provided that the standards of N.J.A.C. 7:50-5.4(c) are met. Towers shall be permitted to a height of 150 feet. However, all towers shall be designed so that their height may be increased to 200 feet if necessary to accommodate the needs of other local communication facilities. Towers may be permitted in excess of 150 feet in accordance with Subsection GG(17), Criteria for site plan development modifications.

(d)

No new tower shall be built, constructed or erected in the Township unless the tower is capable of supporting another person's operating telecommunication facility comparable in weight, size and surface area to the telecommunications facility installed by the applicant on the tower within six months of completion of the tower's construction.

(e)

All persons seeking to build a tower must submit an application regarding the same to the Township Planning Board. An application to develop a tower shall include:

[1]

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land on which the tower is situated, the written consent of the owner shall be evidenced in the application.

[2]

The legal description, lot and block number and address of the parcel of land upon which the tower is to be situated.

[3]

The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within the Township and also within a one-half-mile radius of the Township boundaries, including Township-owned property.

[4]

A description of the design plans proposed by the applicant regarding the tower to be located within the Township. Applicant must identify its utilization of the most technological design, including micro cell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of micro cell, cannot be utilized to accomplish the provision of the applicant's telecommunication services.

[5]

An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunication facility on Township-owned towers or usable antenna support structures located within the Township and a one-half-mile radius of the Township.

[6]

An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by other persons located within the Township and a 1/2 mile radius of the Township.

[7]

Written technical evidence from an engineer that the proposed tower or telecommunications facility cannot be installed or co-located on another person's tower or usable antenna support structures owned by other persons located within the Township or a one-half-mile radius of the Township;

[8]

A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent residential and nonresidential properties.

[9]

Written, technical evidence from an engineer that the proposed structure meets the standards set forth in Subsection GG(5), Structural requirements.

[10]

Written, technical evidence from a qualified engineer acceptable to the Fire Marshal and the Construction Official operating within the Township that the proposed site of the tower or telecommunications facility does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.

[11]

In order to assist the Planning and Zoning Boards in evaluating the visual impact of the application, the applicant shall submit color photo simulation showing the proposed site for the tower with a photorealistic representation of the proposed tower, as it would appear viewed from the closest residential property and from adjacent roadways.

[12]

The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the Township to condition or deny, on the basis of RF impacts, the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. Applicant shall be required to submit information on the proposed power density of their proposed telecommunications facility and demonstrate how this meets FCC standards.

[13]

A plot plan, survey and all other plans and documents required for submission to the Township Planning Board.

[14]

A description of the relationship of the proposed tower to any comprehensive plan for local communication facilities which has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c).

(f)

The Township Planning Board or Zoning Board of Adjustment may require an applicant to supplement any information that is considered inadequate or that the applicant has failed to supply. Any application may be denied on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Application shall be reviewed by the Township Planning Board in a prompt manner, and all decisions shall be supported in writing setting forth the reasons for approval or denial.

(4)

Setbacks.

(a)

The setback for each tower shall be 150% of the height of the tower from the property line on all sides. Example: a one-hundred-foot tower would have to be set back at least 150 feet from each property line on the property where said tower would be located.

(b)

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.

(c)

Setback requirements may be modified, as provided in Subsection GG(17) of this section, when placement of a tower in a location which will reduce the visual impact can be accomplished.

(5)

Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at a minimum, be in conformance with the Uniform Construction Code and BOCA National Property Maintenance Code and all other standards as set forth in this chapter or as otherwise applicable. All towers in operation shall be fixed to land.

(6)

Buffer requirements. For the purpose of this section, the distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially developed properties shall be measured from the base of the tower to the closest point of residentially developed properties. The minimum tower separation distances from residentially developed properties and from other towers shall be calculated and applied irrespective of the Township's jurisdictional boundaries.

(a)

Towers shall be separated from all residentially developed properties by a minimum of 200 feet or 200% of the height of the proposed tower, whichever is greater. To the extent that this subsection imposes a greater setback requirement than otherwise set forth in this chapter, this section shall be controlling.

(b)

Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this chapter:

[1]

Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of 750 feet.

[2]

Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting guyed towers by a minimum of 1,500 feet.

[3]

Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 750 feet.

(7)

Method to determine tower height. Measurement of the tower height for the purpose of determining compliance with all requirements of this chapter shall include the tower structure itself, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower heights shall be measured from grade.

(8)

Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual-mode lighting shall be requested from the FAA.

(9)

Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances the compatibility with adjacent land uses, and the same shall be approved by the Planning Board of the Township of Mullica. For example, earth-tone colors may be required for the fifty-foot portion of the tower which is close to land or whose background is a forest or other type scenery, or blue or sky colors may be required for the portion of the tower extending above 50 feet so that the same would blend in with the natural horizon.

(10)

Landscaping. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements as set forth in the Township of Mullica Municipal Land Use Ordinance. In addition to said requirements, the Township may request perimeter trees which upon maturity would be 30 feet or higher performing a circular pattern around such tower, antenna support structure or telecommunications facility. Additionally, any non-tree area shall be sodded or shall otherwise be landscaped to create an aesthetically pleasing environment and to enhance the compatibility with adjacent land uses. A wooden fence may also be required, and any landscaping shall be installed on the outside of any such fencing. A fence may be required for safety purposes. All trees required shall be compatible with indigenous Pineland trees.

(11)

Access. The parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Additional parking may be required by the Planning Board based on use. Adequate area must exist for vehicles to turn around at the site. All access roads to the site must be paved with asphalt or be of compacted gravel.

(12)

Stealth design. All towers must attempt to use stealth design, and no tower which is considered a conditional use shall be approved unless said stealth design is used.

(13)

Telecommunications facilities on antenna support services. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 100 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Zoning Officer, establish the following at the time plans are submitted for a building permit:

(a)

That the height from grade of telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.

(b)

That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the Township of Mullica. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.

(14)

Modification of towers.

(a)

A tower existing prior to the effective date of this chapter which was in compliance with the Township's zoning regulations immediately prior to the effective date of this chapter may continue in existence as a nonconforming structure. Such nonconforming structure may be modified or demolished and rebuilt without complying with any of the additional requirements of this section, except for Subsection GG(6), Buffer requirements, Subsection GG(15), Certifications and inspections, and Subsection GG(16), Maintenance, provided that:

[1]

The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.

[2]

An application for development permit is made to the Township Planning Board which shall have the authority to issue a development permit without further approval. The granting of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.

[3]

The height of the modified or rebuilt tower and telecommunications facilities do not exceed the maximum height allowed under this chapter.

(b)

Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size or abandoned. For the purpose of this chapter, a nonconforming structure which is discontinued for a period of more than 180 days, unless said discontinuance is for repairs, shall be considered abandoned. This chapter shall not be interpreted to legalize any structure or use existing at the time this chapter is adopted, which structure or use is in violation of any of the ordinances of the Township of Mullica or any other federal, state or county statutes, regulations, ordinances or other law prior to the enactment of this chapter.

(15)

Certifications and inspections.

(a)

All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Uniform Construction Code and the BOCA National Code and all other construction standards set forth by the Township ordinances and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to Subsection GG(3) of this section, and said application shall be resubmitted every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this chapter and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to Subsection GG(3) of this section and shall be resubmitted every two years thereafter. For existing lattice or guyed towers, certification shall be submitted within 60 days of the effective date of this chapter and then every two years thereafter. The tower owner may be required by the Township to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(b)

The Township or its agents shall have the authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for purposes of determining whether it complies with all sections of this chapter and other Township ordinances and any federal or state law or state, county or federal rule or regulation.

(c)

The Township reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. No notice is required for emergency inspections. All expenses related to such inspections by the Township shall be borne by the tower owners.

(16)

Maintenance.

(a)

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

(b)

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations and in such manner that will not interfere with the use of the property.

(c)

All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition and working order and shall be repaired so that the same shall not menace or endanger the life or property of any person.

(d)

All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.

(e)

All towers shall maintain compliance with current RF emission standards of the FCC and all other applicable FCC rules and regulations.

(f)

In the event that the use of the tower is discontinued by the tower owner, the tower owner shall provide written notice to the Township of its intent to discontinue use and the date when said use shall be discontinued. The tower owner shall be specifically responsible. If FCC approval is required, the tower shall be dismantled within six months from the time it is no longer being used for telecommunications purposes and FCC approval is obtained, but in no event shall the tower exist in excess of 12 months from the time of discontinued use. Upon the dismantling and removal of the tower, the property on which the tower was located shall be restored in accordance with N.J.A.C. 7:50-6.24.

(17)

Criteria for site plan development modifications.

(a)

Notwithstanding the tower requirements provided in this chapter, a modification to the requirements may be approved by the Planning and/or Zoning Board as a conditional use in accordance with the following:

[1]

In addition to the requirement for a tower application, the application for modification shall include the following:

[a]

A description of how the plan addresses any adverse impact that might occur as a result of approving the modification.

[b]

Description of off-site or on-site factors which mitigate any adverse impact which might occur as a result of the modification.

[c]

A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

[d]

For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for co-location and the result of such attempts.

[e]

The Mullica Township Planning Board may require the application to be reviewed by an independent engineer under contract to the Township to determine whether the antenna study supports the basis for the modification requested. The cost to review by the Township's Engineer shall be reimbursed to the Township by the applicant.

[2]

The Planning and/or Zoning Board shall consider the application and modification based on the following criteria:

[a]

That the tower modification will be compatible with and not adversely impact the character and integrity of surrounding properties in the existing district.

[b]

Off-site or on-site conditions exist which mitigate the adverse impact, if any, created by the modifications.

[c]

In addition, the Board may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower to mitigate any adverse impacts which arise in connection with the approval of the modification.

(b)

In addition to the requirements of Subsection GG(17), in the following cases, the applicant must also demonstrate, by written evidence, the following:

[1]

In the case of a requested modification to the setback requirement, Subsection GG(4), that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially developed property.

[2]

In the case of a request for modification to the separation and buffer requirements from other towers set forth in Subsection GG(6) herein, that the proposed site is zoned industrial, heavy industrial and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided in said Subsection GG(6).

[3]

In the case of request for modification of the separation and buffer requirements from residentially developed properties as set forth in Subsection GG(6), if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facility must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to mitigate the visual impact to residentially developed properties.

[4]

In the case of a request for modification of the height limits for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to:

[a]

Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower;

[b]

Meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. In no case shall a tower exceeding 200 feet in height be approved outside the PT District.

(18)

Abandonment.

(a)

If any tower shall cease to be used for a period of 365 consecutive days, the Township Committee or Township Planning Board, through the Township Clerk, shall notify the owner, with a copy to the applicant, that such site has been abandoned. The owner shall have 30 days from the receipt of said notice to show, by a preponderance of the evidence that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the Township Committee shall issue a final determination of abandonment. The owner shall, within 75 days, apply to the FCC for the dismantling and within 180 days of such approval dismantle and remove the tower. If no such FCC approval is necessary, then said tower shall be dismantled and removed within 180 days of cease of use. In no event shall the tower not be dismantled within 365 days from cease of use.

(b)

As security for the obligations set forth in this section, the applicant, at the time of submitting the application, shall post a bond in an amount as determined by the Township Engineer, which said bond being of such amount to cover the anticipated cost and any removal of any such tower. Upon the dismantling and removal of the tower, the property on which the tower was located shall be restored to its original condition in accordance with N.J.A.C. 7:50-6.24.

(19)

Minimum lot area. The minimum lot area for any lot which will have a tower located thereon within the Township of Mullica shall be sufficient to comply with the setback requirement set forth in Subsection GG(4). The minimum lot area shall be sufficient to permit a setback of a minimum of 150% of the height of the tower, measured from the perimeter of the base of the tower to the nearest property line. The height of the tower shall be calculated as set forth in Subsection GG(7).

(20)

Site plan review. All applications to determine whether or not a tower may be sited within the Township of Mullica shall be submitted to, reviewed and approved or disapproved by the Township Planning Board. In addition to addressing the requirements set forth in this chapter, the Planning Board or Zoning Board of Adjustment shall consider any and all additional site plan requirements.

(21)

Federal approvals. In addition to the requirements set forth herein, all applicants must receive any and all necessary federal and state approvals including but not limited to approval from the FCC, FAA and State Pinelands Commission, if applicable.

(22)

Signs. No signs shall be permitted at or on any tower or antenna support structure except signs warning of any potential danger at such location.

HH.

Vehicle repair garages. Vehicle repair garages are subject to a major site plan application and shall be permitted in the PT, EVC, NVC, and DVC Districts, provided:

(1)

Such facility shall have a minimum site size as listed in the Schedule of District Regulations for that particular district.[9]

[9]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(2)

The height of the repair garage shall not exceed one story or 25 feet.

(3)

There shall be a front yard setback of a minimum of 100 feet; side yard setbacks of at least 50 feet; and a rear yard setback of at least 100 feet.

(4)

The means of vehicular access and egress at the facility must be clearly defined and controlled to insure safe and efficient operation of the facility.

(5)

All body repair and mechanical work shall be carried on in fully enclosed structures.

(6)

(7)

Outdoor storage of equipment or parts shall not be permitted.

(8)

Motor vehicle screening and storage shall be in accordance with the design standards of this chapter. All vehicles must be stored at the rear of the building in an area fenced with privacy fencing or adequate buffer strips as determined by the Planning Board.

(9)

Exterior lighting, for security purposes, shall be arranged so that it does not obstruct or hamper the visibility of drivers or pedestrians.

(10)

Signs shall be prohibited except as allowed under the sign section of this chapter.

(11)

Vehicle repair garages must comply with all county, state and federal regulations.

(12)

Vehicular towing shall be permitted as an accessory use to a vehicle repair garage. Screening of vehicles on the site must comply with the design standards of this chapter.

II.

Vehicle sales (new or used vehicles). Vehicle sales are subject to Planning Board approval and shall be permitted in the EVC, NVC, DVC and PT Districts, provided that:

(1)

Size of site. The site shall meet the minimum lot size requirements for the district in which the site is located.

(2)

Height of building. The height of the principal building shall not exceed one story, or 20 feet, in the office and display areas. A building used for a service area shall not exceed the height of 25 feet.

(3)

Building coverage. All buildings combined shall not cover or encompass more than 25% of total land area allocated to said establishments.

(4)

Signs shall be in accordance with the signs section of this chapter.[10]

[10]

Editor's Note: So in original.

(5)

Setbacks. No part of any building shall be closer than 50 feet to any property line. No vehicles shall be displayed closer than 15 feet from the front yard property line.

(6)

Paving and drainage. All areas not required for landscaping and other purposes (whether regulated by the ordinance or not) shall be stoned and properly drained.

(7)

Landscaping. All landscaping shall be in accordance with the landscaping requirements of this chapter.

(8)

All vehicle service activities and operations shall be conducted within fully enclosed structures. No commercial gasoline stations shall be permitted as part of a vehicle sales facility. A gasoline dispensing facility which is an integral part of said operation and is not open to the public may be permitted, subject to Planning Board approval of the location of these facilities on the site.

(9)

Entrances and exits. All service entrances and exits shall be located at the rear or side of the principal buildings.

(10)

Lighting. No flashing or flickering lights may be used. Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be arranged so as not to obstruct or deter the visibility of drivers or pedestrians. Lighting fixtures illuminating the front yard area of the site shall not exceed 30 feet in height and shall be ornamental and architecturally compatible with the building.

(11)

Access and egress for traffic. There shall be one curb cut permitted along the front property line of the site. All traffic access and egress points shall be so designed to assure the safe circulation of vehicular traffic to and from the site.

(12)

Fences and walls. Any fences or walls must be erected subject to the conditions set forth in this chapter.

(13)

On-site parking. There shall be one on-site parking space for every full-time employee. In addition, there shall be a minimum of five customer on-site parking spaces. Each employee or customer on-site parking space shall be clearly marked and shall be provided as defined in this chapter.

(14)

Vehicular towing shall be permitted as an accessory use to a vehicle sales facility. Screening of vehicles on the site must comply with the design standards of this chapter.

JJ.

Bed-and-breakfast inns.

(1)

Bed-and-breakfast inns as conditional uses. Any and all bed-and-breakfast establishments shall be conditional uses and must obtain conditional use approval from the Planning Board of the Township of Mullica prior to commencing operation or opening for business.

(2)

Permitted locations. Bed-and-breakfast establishments shall only be located in the RDA, PT, NV, NVC, SV, WV, DVC, EV and EVC Districts.

(3)

Submission to Planning Board. All applications for approval of a bed-and-breakfast must contain all plans and documentation as set forth in the section of the Municipal Land Use Ordinance governing Planning Board applications. All proposed bed-and-breakfast applicants must receive, at a minimum, conditional use approval including site plan approval. Said plans shall also clearly show and identify all guest rooms and other rooms contained in said bed-and-breakfast and the dimensions thereof.

(4)

Bed-and-breakfasts must be owner-occupied. No property shall be approved for a bed-and-breakfast use unless the same will be owner-occupied and is the primary residence of the proprietor of said bed-and-breakfast establishment.

(5)

Guest bedrooms. In order to be approved as a bed-and-breakfast establishment, the structure housing said bed-and-breakfast establishment must have at least four but no more then eight bedrooms within a single structure. At least three but no more than seven of said bedrooms must be guest bedrooms which are available for public use at all times. At least one bedroom must be used at all times as the bedroom and living quarters of the proprietor of said bed-and-breakfast.

(6)

Bathrooms. All bed-and-breakfast establishments within the Township of Mullica are encouraged to have a full bathroom for each quest room, although shared bathrooms may be permitted in the discretion of the Planning Board. A bed-and-breakfast shall have at least three full bathrooms, of which at least two shall be available to guests of the bed-and-breakfast at all times.

(7)

Cooking facilities. All bed-and-breakfast establishments in the Township of Mullica shall have a central cooking area large enough to prepare meals for all guests at one time. Any and all cooking facilities or devices, of any nature, shall be strictly prohibited in guest rooms.

(8)

Common dining area. All bed-and-breakfast establishments in the Township of Mullica shall have a common dining area large enough to seat all guests of said bed-and-breakfast at one sitting. Said dining area shall have a minimum of two chairs for every one bedroom at the bed-and-breakfast establishment. Said common dining area must be arranged so that breakfast, lunch, dinner and afternoon tea/coffee may be served to guests therein.

(9)

Room service shall be permitted.

(10)

Common lounge area. All bed-and-breakfast establishments in the Township of Mullica shall have a common living room or lounge where guests may sit or otherwise relax and mingle.

(11)

Parking.

(a)

All bed-and-breakfasts in the Township of Mullica shall have the following number of parking spaces:

[1]

One parking space for each bedroom in the bed-and-breakfast, including non-guest bedrooms;

[2]

One parking space for each employee who shall be employed at the bed-and-breakfast at any time; plus

[3]

Any and all handicap space(s) as required by law or regulation.

(b)

Each parking space shall be a minimum of nine feet in width and 18 feet in depth. Each handicap space shall be a minimum of 14 feet in width and 19 feet in depth.

(12)

Landscaping. All landscaping at bed-and-breakfast establishments in the Township of Mullica shall be plants indigenous to the New Jersey Pinelands. All landscaping and landscaping schemes shall be approved by the Planning Board.

(13)

Fences. Fences shall be permitted at bed-and-breakfast establishment in the style and height of fences permitted for single-family residential uses in the zone in which said bed-and-breakfast establishment is located.

(14)

Signs. Each bed-and-breakfast establishment with the Township of Mullica shall be permitted to erect one five-square-foot, freestanding, two-sided sign which may indicate the name of the bed-and-breakfast, its address and whether vacancies exist or not. All other signs, including but not limited to wall-mounted signs, rooftop signs or other signs of any nature are strictly prohibited.

(15)

Compliance with laws. All bed-and-breakfast establishments in the Township of Mullica shall comply with all federal, state, county and municipal laws, rules and regulations. This includes, but is not limited to all requirements of the Uniform Construction Code, including square footage for guest rooms, BOCA Property Maintenance Code, State Fire Safety Code, including but not limited to the Uniform Fire Code Retrofit Guidelines and all County Health Department guidelines.

(16)

Length of stay. No bed-and-breakfast establishment within the Township of Mullica shall be operated in such a manner as to become a permanent guesthouse, boardinghouse or other type of permanent living quarters. No guest may stay at any bed-and-breakfast establishment in the Township of Mullica for longer than 14 consecutive days, nor shall any guest stay at a bed-and-breakfast establishment in the Township of Mullica for more than 14 days in any month. This section shall be interpreted in a light most favorable to the Township of Mullica and in such a manner as to further the intent of the Township of Mullica to create bed-and-breakfast establishments pursuant to this chapter and not to create rooming houses or other types of permanent or semipermanent living quarters.

(17)

Employees. Bed-and-breakfast establishments in the Township of Mullica shall have employees who are occupants of the bed-and-breakfast or familial relationships thereof. No more than three employees shall work at a bed-and-breakfast establishment at any time who are not resident members of the family unit which occupies and owns said bed-and-breakfast establishment.

(18)

Accessory uses. Fences, signs and parking areas are the only accessory uses permitted to be used in conjunction with a bed-and-breakfast establishment. All bed-and-breakfast establishments shall contain all guest rooms within one structure only and there shall not be more than one structure on any lot. All storage of food, etc., shall be contained within the principal structure and no sheds shall be permitted.

(19)

Trash enclosure. The pickup and removal of trash, and the cost for the same, shall be the responsibility of the owner/operator of the bed-and-breakfast establishment. They shall contract with a private trash hauler for said services. Trash shall only be stored in trash containers on the side of or behind the bed-and-breakfast establishment and all such trash areas shall be enclosed by a fence whose height and style is the same as that permitted in the residential zone in which the bed-and-breakfast establishment is located. No trash container, can or enclosure, or any portion thereof, shall be located in front of the front wall of the bed-and-breakfast establishment.

(20)

Additional Planning Board approval. Any enlargement of, addition to or expansion of a bed-and-breakfast establishment must receive Planning Board approval and must comply with all conditions of the Municipal Land Use Ordinance. Any bed-and-breakfast establishment which is going to deconvert into a single-family use must receive prior approval of the Mullica Construction Official, Zoning Officer and Fire Department to insure that said deconversion is performed in accordance with the Uniform Construction Code, Uniform Fire Code and all other applicable statutes and regulations.

(21)

Licensure. Each bed-and-breakfast establishment shall be licensed on an annual basis by the Township Committee of the Township of Mullica. The annual fee shall be $250.

(22)

Revocation. Any owner/operator of a bed-and-breakfast establishment in the Township of Mullica may be fined up to $1,250 and/or have their license to operate revoked for any violation of this section. No license shall be revoked unless notice of such revocation is provided and a hearing regarding any violation is held before the Mullica Township Committee. If a license is revoked, the property can no longer be used and/or operated as a bed-and-breakfast establishment.

(23)

Bulk requirements. Any lot within the Township of Mullica where a bed-and-breakfast establishment will be located must meet the minimum area and bulk requirements for the district in which the establishment is to be located. The site must also contain the required lot area to meet the nitrate dilution model requirements of the New Jersey Pinelands Commission.

KK.

Residential cluster development in the Forest and Rural Development Areas. In the RDA and DVC Districts, and in the FAR District outside of any FARR area, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

[Added 7-24-2012 by Ord. No. 7-2012]

(1)

Permitted density:

(a)

In the FAR District: one unit per 25 acres.

(b)

In the RDA and DVC Districts: one unit per 3.6 acres.

(2)

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 KK(1) above, with a bonus applied as follows:

Parcel Size	RDA and DVC Districts	FAR District*
<50 acres	0	0
50-99.99 acres	10%	25%
100-149.99 acres	15%	30%
>150 acres	20%	40%

*The Bonus Density in Subsection KK(1)(a) above shall not apply to parcels in common ownership as of April 6, 2009. In order to be eligible for the Bonus Density provided in a above an applicant must document the acquisition of additional vacant contiguous land on or after April 6, 2009. Such land must be included in the application for cluster development and result in the preservation of a larger area of open space. Upon the acquisition of such lands the Bonus Density set forth in Subsection KK(1)(a) above shall apply to the entire contiguous parcel which is the subject of the cluster development application. Bonus units shall be applied to cluster developments in the FAR District only if the residential cluster development area defined pursuant to Subsection KK(3) below is contiguous to the DVC, EV, EVC, NV, PT, RDA, SV or WV Districts or an FARR area.

(3)

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

(a)

Is located proximate to existing roads;

(b)

Is located proximate to existing developed sites on adjacent or nearby parcels;

(c)

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

(d)

Conforms to the minimum environmental standards of N.J.A.C. 7:50-6.

(4)

Development within the residential cluster shall be designed as follows:

(a)

Residential lots shall be one acre in size 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;

(b)

The minimum lot and building requirements specified in the Schedule of District Regulations: Residential Lot Requirements[11] for the Pinelands Town District (PT) shall apply;

[11]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

(c)

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 standards of § 144-110B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection KK(5)(b)[2] below, individual on-site septic waste water treatment systems shall comply with the standards of § 144-110B(5) or (6). Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of § 144-110B(5) or (6) shall also be permitted;

(d)

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

(e)

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.

(5)

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, Mullica Township or incorporated as part of one of the lots within the cluster development area, as determined by the Planning Board at the time of application review.

(a)

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

(b)

The deed of restriction shall permit the parcel to be managed for:

[1]

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 144; and

[2]

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a]

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b]

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;

[c]

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection KK(5)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with KK(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;

[d]

The deed of restriction to be recorded pursuant to Subsection KK(5)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

[e]

For parcels which meet the standards of Subsection KK(5)(b)[2][a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

LL.

Nonclustered residential development in the Forest and Rural Development Areas. Residential developments of two or more single-family detached dwellings which are not clustered in accordance with § 144-123KK may be permitted as a conditional use in the FAR, RDA and DVC Districts, provided that:

(1)

The Planning Board finds that:

(a)

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

(b)

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

(2)

Minimum lot area requirements:

(a)

In the FAR District: 25 acres.

(b)

In the RDA and DVC Districts: 3.6 acres.

MM.

Affordable housing requirements.

[Added 3-27-2018 by Ord. No. 5-2018]

(1)

Any residential development of five or more units shall reserve 20% of the total units for occupancy by low- or moderate-income households, to the extent economically feasible in accordance with N.J.S.A. 52:27D-329.9a.

(2)

All affordable housing units shall be constructed, maintained and marketed in accordance with the provisions of the Affirmative Marketing Ordinance under § 140-79.1 of the Township Code.

(3)

All nonresidential development shall be required to pay an affordable housing development Fee in accordance with the provisions of § 140-79.2 of the Township Code and N.J.S.A. 40:55D-8.1 through 8.8.

[1]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

[1]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

[2]

Editor's Note: Former Subsection A(3), regarding planned residential developments, was repealed 7-24-2012 by Ord. No. 7-2012.

[1]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

[1]

Editor's Note: See Art. IX, Plat Detail and Data.

PA	Preservation Area
AP	Agricultural Production
RDA	Rural Development Area
PT	Pinelands Town
NV	Nesco Village
NVC	Nesco Village Center
SV	Sweetwater Village
WV	Weekstown Village
EV	Elwood Village
EVC	Elwood Village Center
DVC	Devonshire Village Center
FAR	Forest Area Residential
FARR	Forest Area Residential Receiving