The following article shall be known as the "Zoning Ordinance
of the Township of Mullica."
This article of the Township of Mullica is adopted pursuant
to the Municipal Land Use Law of the State of New Jersey, N.J.S.A.
40:55D-1 et seq. for the following purposes:
A.
In order to implement the goals and objectives of the Pinelands Comprehensive
Management Plan, as amended.
B.
To exercise stewardship over the lands and waters of Mullica Township,
by providing for future development at suitable locations and appropriate
intensities with respect to the limitations and sensitivities of natural
and built systems.
C.
To protect the unique character of Mullica Township. To define this
character as a mixture of desirable residential settings, attractive
and productive nonresidential uses; rural and agriculture living opportunities;
and the scenic attributes which result from natural topography, drainage
features, wetlands, open lands and forested areas.
D.
To ensure a reasonable balance among various land uses. To provide
a land use plan which would be in conformance with the Pinelands Comprehensive
Management Plan (PCMP) (N.J.A.C. 7:50-1 et seq.).
E.
To provide standards for development that will ensure compatible
land use relationships between the various land uses that characterize
Mullica Township.
F.
To protect the environmental integrity of the land or Mullica Township
while understanding the individuals rights of land ownership.
|
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
|
[Amended 7-24-2012 by Ord. No. 7-2012; 3-27-2018 by Ord. No. 6-2018]
The boundaries of the said districts are hereby established
as shown on the proposed Land Use Map, Mullica Master Map Update,
Township of Mullica, Atlantic County, New Jersey prepared by Sciullo
Engineering Services, LLC, dated September 27, 2018. This identification
of the Mullica Township Land Use Map shall include any and all properly
authorized updates of the aforesaid map. The aforesaid map, together
with all explanatory matter thereon, is hereby adopted and made a
part of this chapter. Said map, indicating the latest amendments,
shall be kept up-to-date in the office of the Township Clerk for the
use and benefit of the public.
A.
For purposes of this chapter, the more restricted district shall
be deemed to be that district which is subject to regulations which
prohibit the particular use intended to be made of said lot or which
regulations require higher standards with respect to setback, coverage,
yards, screening, landscaping, off-street parking, density or population,
bulk of buildings, and similar requirements.
B.
In determining the boundaries of districts shown in the official
Zoning Map, the following rules shall apply:
(1)
Unless otherwise shown, the district boundary lines shall be
construed to coincide with the center lines of streets, alleys, parkways,
waterways, or such lines extended.
(2)
Where such boundary lines are indicated as approximately following
the property lines of parks or other publicly owned lands, such lines
shall be construed to be such boundaries.
(3)
Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines.
(4)
In all cases, where a district boundary line is located not
farther than 15 feet away from a lot line of record, such boundary
line shall be construed to coincide with such lot lines.
(5)
In all other cases, where dimensions are not shown on the map,
the location of district boundary lines shown on the map shall be
determined by the use of the scale appearing thereon.
(6)
In cases of uncertainty or disagreement as to the true location
of any district boundary line, the determination thereof shall lie
with the Board of Adjustment as hereinafter provided by the New Jersey
State Statues.
In all cases where a district boundary line divides a lot held
in single ownership at the effective date of this chapter, the use
regulations applicable to the less restricted zone district shall
extend over the portion of the lot in the more restrictive zone district
a distance of not more than 50 feet beyond the district boundary line.
Following the effective date of this chapter:
A.
No building shall be erected, moved, altered, rebuilt or enlarged,
except as specified elsewhere in this chapter, nor shall any land
or building be used, designed or arranged to be used for any purpose
or in any manner, except in conformity with all regulations, requirements
and/or restrictions specified in this chapter for the district in
which such building or land is located.
B.
No yard or open space required in connection with any building or
use shall be considered as proving a required open space for any other
building of the same or any other lot. No lot shall be formed from
part of a lot already occupied by a building unless such building,
all yards, and open spaces connected therewith, and the remaining
lot comply with all requirements prescribed by this chapter for the
district in which said lot is located. No permit shall be issued for
the erection of a building on any new lot thus created unless such
building and lot comply with all the provisions of this chapter.
A.
The regulations prescribed for each of the districts listed in the
establishment of zoning districts above are described in the following
sections. The regulations prescribed may be amended in the same manner
as any other part of this chapter, subject to the requirements of
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq, the Pinelands
Comprehensive Management Plan as amended, N.J.A.C. 7:50-3.45 et seq.
as previously adopted and as may be amended in the future, and subject
to the requirements of any and all other statutory and regulatory
requirements governing and/or affecting the amendment of this chapter.
B.
In addition to uses specifically prohibited by this chapter and the
schedules referred to herein, no buildings, structures, or land shall
be used nor shall any building, structure or part thereof be erected
or altered nor shall any use of land be changed, which said use, erection
or alteration of land, structure or building is intended, arranged
or designed to be used, in whole or in part of or any use or purpose
except the uses specifically allowed by right or special permit for
each district in the Schedule of District Regulations.
C.
The omission of any use or type of use from said schedule shall be
deemed to be an exclusion thereof from all such districts as a prohibited
use.
[Amended 6-22-2021 by Ord. No. 6-2021]
(1)
Notwithstanding
any other provision in this chapter authorizing permitted or conditional
uses, the following uses are expressly prohibited within every district:
(a)
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not deliveries made into the Township by
a Class 6 licensed business providing courier services for consumer
purchases that are fulfilled by a licensed cannabis retailer to make
deliveries of the purchased items to a consumer.
D.
No more than one principal use shall be located on one lot, except
for forestry, agriculture, horticulture, fish and wildlife management,
wetlands management and recreational development on agricultural lands,
so long as the use shall be in compliance with the applicable requirements
of the New Jersey Pinelands Comprehensive Management Plan.
[Amended 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.
A.
Accessory structures. Accessory structures shall be permitted, provided
that:
(1)
They are incidental to the residential use of the premises and
are not operated for gain.
(2)
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.
(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]
B.
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]
(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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
[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
(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:
(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.
I.
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.
J.
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.
K.
Home occupations. Customary home occupations are subject to review
by the Planning Board and shall be permitted, provided that:
(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]
L.
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.
(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.
M.
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.
N.
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.
(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.
O.
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.
P.
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.
Q.
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.
[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.
(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.
R.
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.
S.
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.
T.
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)
[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.
(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.
U.
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.
V.
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)
(4)
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.
W.
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.
(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.
X.
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.
Y.
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.
Z.
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.
(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.
(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.
(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.
(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]
(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.
(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.
(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.
(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.
[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.
[6]
On-site business or advertising signs, provided
that:
[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.
[3]
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.
(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.
[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.
[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:
[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:
(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
(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:
(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.
(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)
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 and shall be designed as defined in this chapter.
(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.
(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)
(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]
(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:
(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:
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.
The following uses are permitted in the Preservation Area District
(PA):
A.
Agricultural employee housing as an element of, and accessory to,
an active agricultural operation subject to Planning Board approval.
B.
Berry agriculture and horticulture of native plants and other agricultural
activities compatible with the existing soil and water conditions
that support traditional Pinelands berry agriculture.
C.
Forestry.
D.
Beekeeping.
E.
Fish and wildlife management and wetlands management.
[Amended 7-24-2012 by Ord. No. 7-2012]
F.
Low-intensity recreational uses, provided that:
(1)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres;
(2)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(3)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(4)
The parcel will contain no more than one campsite per two acres,
provided that the campsites shall not be clustered at a net density
exceeding six campsites per acre and providing the campsites are duly
licensed by the Township;
(5)
Clearing vegetation, including ground cover and soil disturbance,
does not exceed 5% of the total parcel; and
(6)
No more than 1% of the parcel will be covered by impervious
surfaces.
[Amended 7-24-2012 by Ord. No. 7-2012]
G.
Expansion of intensive recreational uses, provided that:
(1)
The intensive recreational use was in existence on February
7, 1979 and the capacity of the use will not exceed two times the
capacity of the use on February 7, 1979;
(2)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(3)
The use is environmentally and aesthetically compatible with
the character of the Preservation Area District and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
H.
Public service infrastructure that is necessary to serve only the needs of the Preservation Area District uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation Area District only in accordance with § 144-110, Water quality.
I.
Street, identification, and directional signs.
J.
Accessory uses.
L.
Detached single-family dwellings on one-acre lots in accordance with § 144-123DD and the following:.
(1)
Minimum lot size: 1.0 acre.
(2)
Mean lot width: 125 feet.
(3)
Minimum lot frontage: 125 feet.
(4)
Minimum front yard setback: 200 feet.
(5)
Minimum side yard setback: 25 feet.
(6)
Minimum rear yard setback: 50 feet.
(7)
Minimum improved lot frontage: 125 feet.
(8)
Maximum building height: 35 feet.
(9)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(10)
Maximum impervious coverage: 10% or a maximum of 10,000 square
feet, whichever is smaller.
M.
Detached single-family dwellings on three-and-two-tenth-acre lots, in accordance with § 144-123DD and the following:
(1)
Minimum lot size: 3.2 acres.
(2)
Mean lot width: 125 feet.
(3)
Minimum lot frontage: 125 feet.
(4)
Minimum front yard setback: 200 feet.
(5)
Minimum side yard setback: 25 feet.
(6)
Minimum rear yard setback: 50 feet.
(7)
Minimum improved lot frontage: 125 feet.
(8)
Maximum building height: 35 feet.
(9)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(10)
Maximum impervious coverage: 10% or a maximum of 10,000 square
feet, whichever is smaller.
A.
Permitted uses.
(1)
Residential dwelling units not to exceed a gross density of
one unit per 10 acres, except as otherwise provided in this section,
provided that:
(a)
The dwelling is accessory to an active agricultural operation;
(b)
The dwelling is for an operator or employee of the farm who
is actively engaged in and essential to the agricultural operation;
(c)
The dwelling is to be located on a lot that is under or qualified
for agricultural assessment;
(d)
The dwelling is located on a lot which has an active production
history or where a farm management plan has been prepared which demonstrates
that the property will be farmed as a unit unto itself or as part
of another farm operation in the area; and
(e)
A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to § 144-123DD of this chapter.
(f)
No more than one lot may be created for a dwelling pursuant
to this subsection at any one time. And the following:
[1]
Minimum lot size: 10.0 acres.
[2]
Mean lot width: 125 feet.
[3]
Minimum lot frontage: 125 feet.
[4]
Minimum front yard setback: 200 feet.
[5]
Minimum side yard setback: 25 feet.
[6]
Minimum rear yard setback: 50 feet.
[7]
Minimum improved lot frontage: 125 feet.
[8]
Maximum building height: 35 feet.
[9]
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
[10]
Maximum impervious coverage: 10% or a maximum
of 10,000 square feet, whichever is smaller.
(2)
Residential dwelling units at a density of one unit per 3.2 acres, provided the conditions of § 144-123DD are met.
(3)
Agriculture.
(4)
Agricultural employee housing as an element of, and accessory
to, an active agricultural operation.
(5)
Forestry.
(6)
Fish and wildlife management and wetlands management.
[Amended 7-24-2012 by Ord. No. 7-2012]
(7)
Low-intensity recreational uses, provided that.
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the entire parcel; and
(e)
No more than 1% of the entire parcel will be covered by impervious
surfaces.
[Amended 7-24-2012 by Ord. No. 7-2012]
(8)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979 and the capacity of the use will not exceed two times the
capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Pinelands Agricultural Production Area and the
characteristics of the particular basin in which use is to be located,
taking into consideration the proportion of cleared and developed
land, ambient water quality, ecologically sensitive areas and unique
resources, and will not unduly burden public services.
(10)
Agricultural products processing facilities.
(11)
Public service infrastructure. Centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural Production District only in accordance with § 144-110, Water quality.
(12)
Street, identification and directional signs.
(13)
Accessory uses.
(16)
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of
at least 50 feet;
(b)
No portion of any structure proposed for development will be
more than 300 feet, measured along a line parallel to the roadway,
from the closest part of a roadside retail sales and service establishment
structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden public services, including
but not limited to water, sewer and roads.
B.
Conditional uses.
(1)
Pinelands resource-related industrial uses, excluding resource
extraction and uses that only rely on sand or gravel as raw products,
provided that:
(2)
Residential dwellings units at a gross density of one unit per
40 acres, provided that:
(a)
The unit(s) shall be clustered on one-acre lots;
(b)
The remainder of the parcel, including all contiguous lands
in common ownership, which is not assigned to individual residential
lots shall be permanently dedicated for agricultural uses through
recordation of the restriction on the deed to the parcel; and
(c)
The restriction on the deed to the parcel, including any rights
to be redeemed for future residential development, shall be done in
accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands
Development Credits allocated to the parcel.
(3)
All applications under these conditional uses shall meet the
above requirements. Should an applicant not meet any one of these
items, the proposed application shall not be considered a permitted
use within the district.
A.
Permitted uses.
(1)
Land in Rural Development Area may be utilized as follows:
(a)
Residential dwelling units shall be permitted in accordance
with the Schedule of District Regulations,[1] provided that clustering of the permitted dwellings shall be required in accordance with § 144-123KK whenever two or more units are proposed as part of a residential development.
[Amended 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.
(b)
Detached single-family dwellings on 1.0 acre lots, in accordance with § 144-123DD and the following:
[1]
Minimum lot size: 1.0 acres.
[2]
Mean lot width: 125 feet.
[3]
Minimum lot frontage: 125 feet.
[4]
Minimum front yard setback: 200 feet.
[5]
Minimum side yard setback: 25 feet.
[6]
Minimum rear yard setback: 50 feet.
[7]
Minimum improved lot frontage: 125 feet.
[8]
Maximum building height: 35 feet.
[9]
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
[10]
Maximum impervious coverage: 10% or a maximum
of 10,000 square feet, whichever is smaller.
(c)
Agricultural commercial establishments (roadside stands).
(d)
Municipal uses such as recreation facilities, firehouses and
the like.
(2)
Existing residential uses present and legally constructed at
the time of the adoption of this chapter.
B.
Conditional uses.
(1)
Detached single-family dwellings on one-acre lots, in accordance with § 144-128, Rural Development District Land Transfer Program.
Land within Devonshire Village Center is intended to be a center
for residential and commercial development. In order to promote orderly
development of property, all development in Devonshire Village Center
is subject to Planning Board approval except conforming single-family
detached residences. The Devonshire Village was created from and remains
part of the Pinelands Rural Development Area. Lots of at least one
acre in size but less than 3.6 acres in size in existence as of February
4, 1994 may be permitted to be developed under the Rural Development
Area Land Transfer Program. The noncontiguous lands to be purchased
as part of the transfer program shall be located within the RDA District
and not the DVC.
A.
The following uses shall be permitted in Devonshire Village Center:
(1)
Residential dwelling units shall be permitted in accordance
with the Schedule of District Regulations,[1] provided that clustering of the permitted dwellings shall be required in accordance with §144-123KK whenever two or more units are proposed as part of a residential development.
[Amended 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.
(2)
Agricultural, forestry, campground uses;
(6)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval;
(7)
Cultural housing as per § 144-123.DD, Substandard
lots and cultural housing exemptions;
(8)
Recreational uses: public and/or private commercial golf course,
driving range, health club, and bowling alley;
(9)
Light industrial use subject to site plan approval;
(10)
Professional offices, medical complexes, nursing homes and senior citizen housing in accordance with residential densities of Subsection A(1) above and adult day-care facilities, subject to site plan approval;
(11)
Commercial shopping centers, vehicle sales and service establishments,
gasoline service stations and vehicle repair facilities, eating and
entertainment establishments, such as theaters and restaurants and
retail food establishments, subject to site plan approval;
(12)
Agricultural commercial establishments (roadside stands);
(13)
Municipal uses such as Township-owned buildings, schools, parks
and playgrounds, but excluding sanitary sewer facilities;
(14)
Vehicle impound lots, subject to site plan approval, with appropriate
license from Township Committee, subject to the following:
(a)
Minimum lot area: 3.6 acres.
(b)
Maximum building coverage: 20%.
(c)
Maximum impervious coverage: 45%.
(d)
Minimum front yard: 75 feet.
(e)
Minimum side yards: 50 feet.
(f)
Rear yard: 100 feet.
(g)
Maximum building height: 25 feet.
(i)
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.
(j)
Landscaping. All landscaping shall be in accordance with the
landscaping requirements of this chapter.
(k)
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.
(l)
Signs. All signs shall be in accordance with the sign requirements
of this chapter.
(m)
No vehicles from other municipalities shall be permitted to
be stored on the site.
B.
The following uses shall be permitted conditional uses in Devonshire
Village Center:
(1)
All conditional uses are subject to review by the Planning Board
and require Site Plan Approval. Unless otherwise noted, a minimum
lot size of 3.6 acres is required for each conditional use:
(a)
In-home professional (home office);
(b)
In-home or cottage industry work;
(c)
Immediate family member apartment (no cooking facilities are
permitted within this portion of the dwelling);
(e)
Duplexes (two-family dwelling units) on a minimum 7.2 acre parcel, provided that clustering of the permitted dwellings shall be required in accordance with § 144-123KK whenever two or more duplexes are proposed as part of a residential development. All other bulk requirements of this zone shall also be considered specific conditions of this conditional use.
[Amended 7-24-2012 by Ord. No. 7-2012]
A.
In accordance with the provisions of N.J.A.C. 7:50-5.30 which permits
the establishment of a Land Transfer Program in a Rural Development
Area, the Land Transfer Program provided for herein is designed to
permit an equitable distribution of the allowable development units
while insuring flexibility for property owners to sell and/or purchase
parcels which contain less than the minimum required lot area or which
may be otherwise unsuitable for development.
B.
The Mullica Township Land Transfer Program for the Rural Development
District is permitted as a conditional use subject to Planning Board
Approval, which approval shall be granted upon compliance by the applicant
with the following conditions:
(1)
The applicant shall satisfy the minimum lot size requirements
for development (3.6 acres) to utilize the Land Transfer Program;
the applicant may acquire noncontiguous land subject to the provisions
of this section.
(2)
The portion of the lot to be improved must consist of a parcel
with a minimum size of one acre (43,560 square feet) and be in existence
as of February 4, 1994.
(3)
The applicant must show proof of ownership of sufficient additional
noncontiguous land to reach a total of 3.6 acres. Proof of ownership
may consist of a true copy of a deed properly recorded or such other
proof as may satisfy the Board that the applicant is the legal owner
of the additional noncontiguous acreage.
(4)
The additional noncontiguous land must be located in the Rural
Development (RD) District in Mullica Township. Property owners will
not be permitted to subdivide property to create one-acre lots for
the purpose of exercising development rights under this transfer program.
(5)
Each one-acre-or-larger lot sought to be improved must be shown
by the applicant to be eligible for a permit (permitable) for a single
realty unit septic system in accordance with the applicable regulations
of the New Jersey Pinelands Commission, the New Jersey Department
of Environmental Protection and Energy, the Atlantic County Board
of Health, and any other agency having jurisdiction over the design
and/or installation of septic systems for the property.
(6)
The lot proposed for development otherwise meets the minimum standards of Article XI, Design, Performance and Evaluation Standards, of this chapter.
(7)
Restrictions must also be noted on any plans or plots approved
by the Planning Board or the Zoning Board.
(8)
The applicant who satisfies the minimum lot acreage density
requirement (3.6 acres) pursuant to the Land Transfer Program set
forth in this section must deed restrict both parcels of land to preclude
further development not in accordance with this section or with the
New Jersey Pinelands Comprehensive Management Plan (PCMP). The portion
of the noncontiguous property which is not subject to improvement
or development shall be permanently protected through recordation
of a deed of restriction in accordance with the following requirements:
[Amended 7-24-2012 by Ord. No. 7-2012]
(a)
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 this chapter;
[2]
Where agricultural use exists on a parcel proposed to be protected,
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 density
transfer;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection B(8)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection B(8)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection
B(8)(a)[2][a] or [b] above shall authorize agricultural uses and provide
that impervious surface may not exceed that which currently exists
or 3%, 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.
(b)
The deed of restriction shall be in favor of the parcel to be developed
and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Planning Board attorney and the Pinelands Commission.
The Planning Board may determine on a case-by-case basis the entity
to which the deed restriction shall run in favor thereto.
(9)
The non-contiguous parcel utilized to complete one total parcel
of acreage (3.6 acres or more) for purposes of this section may not
be transferred, encumbered, assigned, leased, rented, or used for
any purpose inconsistent with its utilization as part of the development
parcel.
(10)
Any property used as a noncontiguous assemblage for purposes
of this section may not be transferred or assigned in any manner separately
from the portion of the noncontiguous parcel that is developed.
(11)
A property once transferred to complete the assemblage of a
noncontiguous buildable parcel pursuant to this section may not be
used to complete an assemblage of any other noncontiguous parcel pursuant
to the provisions of this section.
(12)
A noncontiguous parcel assembled pursuant to the provisions
of this subsection may not thereafter be segregated or subdivided.
(13)
Development permitted on the property shall be in accordance
with all development requirements of the RDA District, Mullica Development
Ordinance, PCMP, and all applicable statutes and regulations.
(14)
Tax assessment for the acquired noncontiguous lands are combined
and shall be assigned to the land to be developed. The buildable land
and the noncontiguous land shall be treated as one property for all
purposes related to taxation, including but not limited to assessment,
collection, issuance of tax sale certificates and tax sale foreclosures.
A.
The following uses are permitted in a Pinelands Town District:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: one acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 100 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 100 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 15% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Public and private education uses.
(3)
Place of worship,subject to site plan review by the Planning
Board.
(4)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval.
(5)
Agricultural commercial establishments, (roadside stands).
(6)
Retail sale facilities, retail food establishments, farm supply
facilities, eating and drinking establishments.
(10)
Vehicle impound lots, subject to site plan approval, with appropriate
license from Township Committee, subject to the following:
(a)
Minimum lot area: two acres.
(b)
Maximum building coverage: 20%.
(c)
Maximum impervious coverage: 45%.
(d)
Minimum front yard: 75 feet.
(e)
Minimum side yards: 50 feet.
(f)
Rear yard: 100 feet.
(g)
Maximum building height: 25 feet.
(i)
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.
(j)
Landscaping. All landscaping shall be in accordance with the
landscaping requirements of this chapter.
(k)
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.
(l)
Signs. All signs shall be in accordance with the sign requirements
of this chapter.
(m)
No vehicles from other municipalities shall be permitted to
be stored on the site.
B.
All uses in the Pinelands Town are subject to the provisions of N.J.A.C.
7:50-5.27, which provides:
(1)
(2)
No residential dwelling units or nonresidential use shall be
located in a parcel of less than one acre unless served by a centralized
wastewater treatment plant.
(3)
Any municipal variance approval which grants relief from the
density or lot area requirements for a residential or principal nonresidential
use in the PT District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
A.
The following uses shall be permitted in Nesco Village:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: five acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Agricultural, forestry;
(6)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval.
(8)
Agricultural commercial establishments (roadside stands).
(9)
The following uses are conditionally permitted subject to review
by the Planning Board and the conditions as outlined in the referenced
note:
B.
All uses in the Nesco Village are subject to the provisions of N.J.A.C.
7:50-5.27, which provides:
(1)
(2)
No residential dwelling units or nonresidential use shall be
located in a parcel of less than one acre unless served by a centralized
wastewater treatment plant.
(3)
Any municipal variance approval which grants relief from the
density or lot area requirements for a residential or principal nonresidential
use in the NV District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
Land within Nesco Village Center is intended to be a center
for residential and commercial development. In order to promote orderly
development of property, all development in Nesco Village Center is
subject to Planning Board approval except conforming single-family
detached residences.
A.
The following use shall be permitted in Nesco Village Center:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: five acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Agricultural, forestry, campground uses;
(3)
Planned residential development, subject to site plan approval;
(6)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval;
(7)
Cultural housing as per § 144-123.30, Cultural housing;
(8)
Recreational uses: public and/or private commercial golf course,
driving range, health club, and bowling alley;
(9)
Professional offices, medical complexes, nursing homes and senior citizen housing in accordance with the residential densities of Subsection A(1) above and adult day-care facilities, subject to site plan approval;
(10)
Commercial shopping centers, vehicle sales and service establishments,
gasoline service stations and vehicle repair facilities, and eating
establishments, such as restaurants and retail food establishments,
subject to site plan approval;
(11)
Agricultural commercial establishments, (roadside stands).
B.
The following uses shall be permitted conditional uses in Nesco Village
Center:
(1)
All conditional uses are subject to review by the Planning Board
and require site plan approval. Unless otherwise noted, a minimum
lot size of five acres is required for each conditional use:
C.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the NVC District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
A.
The following uses shall be permitted in Sweetwater Village:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: 3.2 acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Agricultural, forestry, campground uses, subject to site plan
approval by Planning Board.
(5)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval.
(7)
Agricultural commercial establishments (roadside stands).
(8)
The owner of a parcel of land with a minimum of one acre shall
be entitled to develop one 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 continuous ownership prior to the date
of the adoption of this chapter, by the person whose principal residence
the dwelling unit will be or a member of that person's immediate family;
(c)
The parcel was not in common ownership with any contiguous land
on or after the date of the adoption of this chapter; and
(d)
The parcel includes all vacant contiguous lands in common ownership
on or after the date of the adoption of this chapter.
B.
The following uses shall be permitted conditional uses in Sweetwater
Village:
(1)
All conditional uses are subject to review by the Planning Board
and require site plan approval. Unless otherwise noted, a minimum
lot size of 3.2 acres is required for each conditional use.
C.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the SV District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
Land within Elwood Village is intended to be a center for residential
development. In order to promote orderly development of property,
all development in Elwood Village is subject to Planning Board approval
except conforming single-family detached residences.
A.
The following use shall be permitted in Elwood Village:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: two acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Agricultural, forestry.
(3)
Planned residential development, subject to site plan approval.
(6)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval.
(8)
Recreational uses: public and/or private commercial golf course,
driving range, health club, and bowling alley.
(9)
Agricultural commercial establishments (roadside stands).
(10)
The owner of a parcel of land with a minimum of 1.5 acres shall
be entitled to develop one-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 continuous ownership prior to the date
of the adoption of this chapter by the person whose principal residence
the dwelling unit will be or a member of that person's immediate family;
(c)
The parcel was not in common ownership with any contiguous land
on or after the date of the adoption of this chapter; and
(d)
The parcel includes all vacant contiguous lands in common ownership
on or after the date of the adoption of this chapter.
B.
The following uses shall be permitted conditional uses in Elwood
Village:
(1)
All conditional uses are subject to review by the Planning Board
and require site plan approval. Unless otherwise noted, a minimum
lot size of 2.0 acres is required for each conditional use:
(2)
All development in the Elwood Village is subject to requirements
set forth in the Land Development Ordinance of Mullica Township regarding
certain infrastructure requirements including but not limited to sidewalks,
curbs, streetlights, pedestrian access and access for disabled persons.
C.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the EV District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
Land within Elwood Village Center is intended to be a center
for residential and commercial development. In order to promote orderly
development of property, all development in Elwood Village Center
is subject to Planning Board approval except conforming single-family
detached residences.
A.
The following use shall be permitted in Elwood Village Center:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: 2.0 acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Agricultural, forestry, campground uses.
(3)
Planned residential development, subject to site plan approval.
(6)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval.
(7)
Recreational uses: public and/or private commercial golf course,
driving range, health club, and bowling alley.
(8)
Light industrial uses subject to site plan approval, excluding
trash transfer stations and auto salvage yards or facilities.
(9)
Professional offices, medical complexes and nursing homes and senior citizen housing in accordance with the residential densities of Subsection A(1) above and adult day-care facilities, subject to site plan approval.
(10)
Commercial shopping centers, vehicle sales and service establishments,
gasoline service stations and vehicle repair facilities, eating and
entertainment establishments, such as theaters and restaurants and
retail food establishments, subject to site plan approval.
(11)
Roadside retail sales and service establishments.
(12)
Vehicle impound lots, subject to site plan approval, with appropriate
license from Township Committee, subject to the following:
(a)
Minimum lot area: 2.0 acres.
(b)
Maximum building coverage: 20%.
(c)
Maximum impervious coverage: 45%.
(d)
Minimum front yard: 75 feet.
(e)
Minimum side yards: 50 feet.
(f)
Rear yard: 100 feet.
(g)
Maximum building height: 25 feet.
(i)
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.
(j)
Landscaping. All landscaping shall be in accordance with the
landscaping requirements of this chapter.
(k)
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;
(l)
Signs. All signs shall be in accordance with the sign requirements
of this chapter;
(m)
No vehicles from other municipalities shall be permitted to
be stored on the site.
(13)
The owner of a parcel of land with a minimum of 1.5 acres shall
be entitled to develop one 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 continuous ownership prior to the date
of the adoption of this chapter by the person whose principal residence
the dwelling unit will be or a member of that person's immediate family;
(c)
The parcel was not in common ownership with any contiguous land
on or after the date of the adoption of this chapter; and
(d)
The parcel includes all vacant contiguous lands in common ownership
on or after the date of the adoption of this chapter.
B.
The following uses shall be permitted conditional uses in Elwood
Village Center:
(1)
All conditional uses are subject to review by the Planning Board
and require site plan approval. Unless otherwise noted, a minimum
lot size of 2.0 acres is required for each conditional use:
(a)
In-home professional (home office);
(b)
In-home or cottage industry work;
(c)
Immediate family member apartment (no cooking facilities are
permitted within this portion of the dwelling);
(e)
Duplexes (two-family dwelling units) on a minimum four-acre
parcel. All other bulk requirements of this zone shall also be considered
specific conditions of this conditional use.
C.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the EVC District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
Land within Weekstown Village is intended to be a center for
residential development. In order to promote orderly development of
property, all development in Weekstown Village is subject to Planning
Board approval except conforming single-family detached residences.
A.
The following uses shall be permitted in Weekstown Village:
(1)
Single-family detached residential, subject to the following:
(a)
Minimum lot size: 5.0 acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 65 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(2)
Agricultural, forestry, campground uses.
(3)
Planned residential development, subject to site plan approval.
(6)
Parks, playgrounds, playfields, or recreational uses of land,
subject to site plan approval from the Planning Board, for other than
municipally owned land. While municipal uses are permitted, they are
not required to obtain site plan approval.
(8)
Agricultural commercial establishments (roadside stands).
(9)
Boat building, repair and sales.
[Added 3-27-2018 by Ord.
No. 6-2018]
B.
The following uses shall be permitted conditional uses in Weekstown
Village. All conditional uses are subject to review by the Planning
Board and require site plan approval. Unless otherwise noted, a minimum
lot size of 5.0 acres is required for each conditional use:
C.
All development in the Weekstown Village is subject to requirements
set forth in the Land Development Ordinance of Mullica Township regarding
certain infrastructure requirements including but not limited to sidewalks,
curbs, streetlights, pedestrian access and access for disabled persons.
D.
All uses in the Weekstown Village are subject to the provisions of
N.J.A.C. 7:50-5.27, which provides:
(1)
(2)
No residential dwelling units or nonresidential use shall be
located in a parcel of less than one acre unless served by a centralized
wastewater treatment plant.
(3)
Any municipal variance approval which grants relief from the
density or lot area requirements for a residential or principal nonresidential
use in the WV District shall require that Pinelands Development Credits
be used for all units or lots in excess of that permitted without
the variance.
A.
The following uses are permitted within the Forest Area Residential
District:
(1)
Agriculture;
(2)
Agricultural employee housing as an element of, and necessary
to, an active agricultural operation and subject to Planning Board
approval;
(3)
Forestry;
(4)
Fish and wildlife management and wetlands management;
[Amended 7-24-2012 by Ord. No. 7-2012]
(5)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the total parcel; and
(e)
No more than 1% of the parcel will be covered by impervious
surfaces.
[Amended 7-24-2012 by Ord. No. 7-2012]
(6)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979 and the capacity of the use will not exceed two times the
capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Pinelands Forest Area and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
(7)
Campgrounds, not to exceed one campsite per gross acre, provided
that the campsites may be clustered at a net density not to exceed
10 campsites per acre and provided the campground is duly licensed
by the Township. Campgrounds are subject to Planning Board approval.
(8)
Continuation of existing resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6, Part IV and § 144-123Z, Resource extraction, of this chapter.
(9)
Public service infrastructure intended to primarily serve only
the needs of the Pinelands. Centralized wastewater treatment and collection
facilities shall be permitted to service the Forest Area District
only in accordance with N.J.A.C. 7:50-6.84(a)2.
(10)
Street, identification, and directional signs.
(11)
Accessory uses.
(12)
Detached single-family dwellings shall be permitted in accordance
with the Schedule of District Regulations,[1] provided that clustering of the permitted dwellings shall be required in accordance with § 144-123KK whenever two or more units are proposed as part of a residential development.
[Amended 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.
(13)
Detached single-family dwellings on three and two-tenth-acre lots in accordance with § 144-123DD and the following:
(a)
Minimum lot size: 3.2 acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 200 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(14)
Detached single-family dwellings on one acre lots, in accordance with § 144-123DD and the following:
(a)
Minimum lot size: 1.0 acres.
(b)
Mean lot width: 125 feet.
(c)
Minimum lot frontage: 125 feet.
(d)
Minimum front yard setback: 200 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Minimum improved lot frontage: 125 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum principle building coverage: 10% or a maximum of 4,000
square feet, whichever is smaller.
(j)
Maximum impervious coverage: 25% or a maximum of 10,000 square
feet, whichever is smaller.
(15)
The owner of a parcel of land with a minimum of 20 acres shall
be entitled to develop one 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 continuous ownership prior to the date
of the adoption of this chapter by the person whose principal residence
the dwelling unit will be or a member of that person's immediate family;
(c)
The parcel was not in common ownership with any contiguous land
on or after the date of the adoption of this chapter; and
(d)
The parcel includes all vacant contiguous lands in common ownership
on or after the date of the adoption of this chapter.
(16)
Institutional uses including but not limited to schools in accordance with § 144-123AA, half-way houses, mental health care facilities, private health care facilities, libraries, theaters, museums, all consistent with the provisions of N.J.A.C. 7:50-5.23(b)1, and subject to Planning Board Approval.
(18)
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of
at least 50 feet;
(b)
No portion of any structure proposed for development will be
more than 300 feet, measured along a line parallel to the roadway,
from the closest part of a roadside retail sales and service establishment
structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden public services, including
but not limited to water, sewer and roads.
B.
The following uses shall be permitted conditional uses in the Forest
Area Residential District:
(1)
Pinelands resource related industrial uses, excluding resource
extraction and uses that rely on sand or gravel as raw products, provided
that:
A.
In accordance with the provision of N.J.A.C. 7:50-5.30 which permits
the establishment of a Land Transfer Program in a Forest Area, the
Land Transfer Program provided for herein is designed to permit an
equitable distribution of the allowable development units while insuring
flexibility for property owners to sell and/or purchase parcels which
contain less than the minimum required lot area or which may be otherwise
unsuitable for development.
B.
The Mullica Township Land Transfer Program for the Forest Area Residential
District is permitted as a conditional use subject to Planning Board
Approval, which approval shall be granted upon compliance by the applicant
with the following conditions:
(1)
Residential dwelling units on lots of four acres or more are
permitted in the FARR areas in accordance with the provisions of this
land transfer program, provided that the owner shall acquire and provide
proof of ownership of sufficient noncontiguous acres located in FAR
district outside the FARR areas of Mullica Township to meet the thirty-one-acre
minimum bulk requirement.
(3)
The development transfers shall comply with all applicable provision
of N.J.A.C. 7:50-5:30.
(4)
Each four acre or larger lot sought to be improved must be shown
by the applicant to be eligible for a permit (permittable) for a single
realty unit septic system in accordance with the applicable regulations
of the New Jersey Pinelands Commission, the New Jersey Department
of Environmental Protection, the Atlantic County Board of Health,
and any other agency having jurisdiction over the design and/or installation
of septic systems for the property.
(5)
The lot proposed for development otherwise meets the minimum standards of Article XI, Design, Performance and Evaluation Standards, of this chapter.
(6)
The noncontiguous portion of the land necessary to complete
the thirty-one-acre noncontiguous parcel shall be located in the FAR
District outside the FARR areas as shown on the Township Zoning Map.
(7)
In the FARR areas of the FAR District, owners of property with
less than four acres but greater than one acre as of January 14, 1981,
shall not be required to comply with the four acres of contiguous
property set forth as a minimum for development pursuant to the FAR
District Transfer Program.
(8)
The applicant who satisfies the minimum lot acreage density
requirement (31 acres) pursuant to the Land Transfer Program set forth
in this section must deed restrict both parcels of land to preclude
further development not in accordance with this section or with the
New Jersey Pinelands Comprehensive Management Plan (PCMP). The portion
of the noncontiguous property which is not subject to improvement
or development shall be permanently protected through recordation
of a deed of restriction in accordance with the following requirements:
[Amended 7-24-2012 by Ord. No. 7-2012]
(a)
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 this chapter;
[2]
Where agricultural use exists on a parcel proposed to be protected,
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 density
transfer;
[c]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection B(8)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection B(8)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection
B(8)(a)[2][a] or [b] above shall authorize agricultural uses and provide
that impervious surface may not exceed that which currently exists
or 3%, 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.
(b)
The deed of restriction shall be in favor of the parcel to be developed
and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Planning Board attorney and the Pinelands Commission.
The Planning Board may determine on a case-by-case basis the entity
to which the deed restriction shall run in favor thereto.
(9)
The noncontiguous parcel utilized to complete one total parcel
of acreage (31 acres or more) for purposes of this section may not
be transferred, encumbered, assigned, leased, rented, or used for
any purpose inconsistent with its utilization as part of the development
parcel.
[Amended 7-24-2012 by Ord. No. 7-2012]
(10)
Any property used as a non-contiguous assemblage for purposes
of this section may not be transferred or assigned in any manner separately
from the portion of the noncontiguous parcel that is developed.
(11)
A property once transferred to complete the assemblage of a
noncontiguous buildable parcel pursuant to this section may not be
used to complete an assemblage of any other noncontiguous parcel pursuant
to the provision of this section.
(12)
A noncontiguous parcel assembled pursuant to the provisions
of this subsection may not thereafter be segregated or subdivided.
However, an owner of the noncontiguous property may rent or lease
the property consistent with the uses permissible in accordance with
N.J.A.C. 7:50-5:30(b)(4), which include uses for agricultural, forestry,
or low-intensity recreational uses.
(13)
Tax assessment for the acquired noncontiguous lands is combined
and shall be assigned to the land to be developed. The buildable land
and the noncontiguous land shall be treated as one property for all
purposes related to taxation, including but not limited to assessment,
collection, issuance of tax sale certificates and tax sale foreclosures.
