[HISTORY: Adopted by the Township of Southampton 12-4-2001 by Ord. No. 2001-16. Amendments noted where applicable.]
The full title of this chapter shall be: Chapter 12 of the Revised General Ordinances of the Township of Southampton, being a comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Township of Southampton into districts regulated in order to accomplish those purposes; adopting a map of the Township of Southampton showing boundaries and the classification of the districts; establishing rules, regulations and standards governing the subdivision and development of land within the Township; establishing a Planning Board and a Zoning Board of Adjustment; and prescribing penalties for the violation of its provisions.
The short form by which this chapter may be known shall be "The Land Development Ordinance of the Township of Southampton."
This chapter is adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., in order to promote and protect the public health, safety, morals and general welfare, and in the furtherance of the following related and more specific objectives:
a.
To secure safety from fire, flood, panic and other natural and manmade disasters;
b.
To provide adequate light, air and open space;
c.
To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;
d.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
e.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with the land use policies;
f.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
g.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of facilities and routes which result in congestion or blight;
h.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
i.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
j.
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
k.
To encourage senior citizen community housing consistent with the provisions permitting other residential uses of a similar density in the same zoning district, where appropriate;
l.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of development and the more efficient use of land;
m.
To promote utilization of renewable energy resources;
n.
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs;
o.
To further the goals and policies of the Master Plan of the Township of Southampton;
p.
To further the goals and objectives of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.);
q.
To promote the development and use of greenways, which are contiguous tracts and corridors of recreation, forest or other open space land that protect sensitive natural and cultural resources including endangered species and particularly ground and surface water resources.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions specifically those found at Chapter 19, Pinelands Development, require greater restrictions than are imposed by this chapter, the provisions of the other laws, rules, regulations or restrictions shall control.
All applicable requirements shall be met at the first time of erection, enlargement, alteration, moving or change in use of structure and shall apply to the entire structure or structures, whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
For the purpose of this chapter, certain phrases and words are herein defined as follows:
a.
The word "shall" is mandatory and not discretionary; and
b.
The word "may" is discretionary and not mandatory;
c.
The word "lot" includes the word "plot" and "premises";
d.
The word "building" includes the words "structure," "dwelling" or "residence";
e.
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used;
f.
Words used in the present tense include the future;
g.
Words used in the singular number include the plural number and vice versa;
h.
Words used to include the male gender include the female gender and vice versa.
| Any word or term not defined or referenced herein in § 12-2 of this chapter hereinbelow shall be used with a meaning of standard usage as defined in Webster's New International Dictionary of the English Language, unabridged and latest edition. |
Whenever a term is used in this chapter which is not defined in this chapter nor in the Pinelands Comprehensive Management Plan (N.J.S.A. 13:18A-1 et seq.), but which term is defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), such term is intended to have the meaning as defined in the Municipal Land Use Law.
Whenever a term is used in this chapter which is not defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), but which term is defined in the Pinelands Comprehensive Management Plan (N.J.S.A. 13:18A-1, et seq.), and/or in this chapter, such term is intended to have the meaning as defined in the Pinelands Comprehensive Management Plan and/or this chapter.
[Amended by Ord. No. 2004-12; 2006-13]
The following terms shall have the meanings as indicated or referenced herein:
A single vehicular entrance and/or exit combination between a street and a lot or between two lots.
A building, structure or use which:
Is subordinate to and serves a principal building or a principal use (including, but not limited to shed or garage);
Is subordinate in area, extent and purpose to the principal structure or principal building and/or principal use served;
Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter and the Pinelands Comprehensive Management Plan.
The Township Zoning Official of the Township of Southampton, Burlington County, New Jersey, unless a different municipal official is designated by this chapter to administer certain of the responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.
[Amended 6-17-2014 by Ord. No. 2014-12]
Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage, unsuitable street grades, street locations that fail to compose a convenient traffic system, and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.
Soils, which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.
PRINCIPAL USESAny production of plants or animals useful to man including, but not limited to: aquacultural products; forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal Government.
ACCESSORY USESAny structure, excluding residential dwellings, used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products.
AGRICULTURAL COMMERCIAL ESTABLISHMENTA retail sales establishment primarily intended to sell agricultural products produced within the Township boundary. An agricultural commercial establishment may be seasonal or year-round, and may or may not be associated directly with an agricultural/horticultural use on a particular parcel; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as an agricultural/horticultural use itself, nor does it include facilities which are solely processing facilities.
Residential dwellings for the seasonal use of employees of an agricultural/horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture or horticulture.
A facility designed, constructed and operated for the express purpose of processing agricultural/horticultural products grown in the township, including the washing, grading and packaging of those products.
A facility designed, constructed and operated for the express purpose of processing agricultural/horticultural products, including the washing, grading, and packaging of those products.
Any change in either the supporting members of a building such as bearing walls, columns, beams and girders, or in the dimensions or configuration of the roof or exterior walls.
Mounting structures that camouflage or conceal the presence of antennas or towers.
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.
The legal or beneficial owner or owners of a lot or of any land to be proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
The use of any building, land area or other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.
Any building accessory to a primary residence used for the housing, storage or preparation for marketing of plants or animals, provided that a "barn" is permitted only where the use of the plants or animals to be housed, stored or prepared for marketing is an otherwise permitted use in accordance with the provisions of this chapter.
That portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.
A type of paving stone, generally of granite, with vertical faces, used for curbing.
A mound of soil, either natural or manmade used as a view obstruction.
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, which structure is located on a site other than the site to which the advertising relates.
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outer most extremities of the roof above the columns.
The vertical distance measured from the mean elevation of the finished grade five feet from the foundation of the building along the side(s) of the building facing a street and measured to the highest point of the roof for flat roofs, to the deck line for mansard roofs, or to the mean height between eaves and ridge for gable, hip and gambrel roofs. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.
An on-premises sign which directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted on the premises on which the sign is located or to which it is affixed.
A portable structure, which is self propelled or mounted on or towed by another vehicle, and which is designed and used for temporary living for travel, recreation, vacation or other short-term uses. Camper does not include mobile homes or other dwellings.
A place used or suitable for camping, on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
That portion of a building partly or wholly below grade, where the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building.
Development based upon an overall density for the entire tract, with the dwelling units generally located on individual lots reduced in size with common property or open space generated on the remainder of the tract.
The Council on Affordable Housing established pursuant to the Fair Housing Act, N.J.S.A. 52:27D-302 et seq.
The attachment of commercial wireless telecommunication antenna to an existing tower.
Actual construction on a parcel of land in accordance with a permit issued by the applicable jurisdiction.
Licensed commercial wireless telecommunications services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
Any community residential facility licensed pursuant to P.L. 1977, c.448 (N.J.S.A. 30:11B-1 et. seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hotels. Such a residence shall not be considered a health care facility, within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contractor an affiliated agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in § 2 of P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in § 2 of P.L. 1977, c.488 (N.J.S.A. 30:11B-2). "Mentally III Person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
Any shelter approved for a purchase of a service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
An application form completed as specified by this chapter and the rules and regulations of the Township of Southampton and all accompanying documents required by this chapter for approval of the particular application for development as specified in § 12-10 of this chapter; provided that the municipal agency may require such additional information not specified in this chapter or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revisions to the accompanying documents so required by the municipal agency.
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
The construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
An individual designated by the Township of Southampton and duly licensed by the New Jersey State Department of Community Affairs to serve as the Construction Official.
Development other than planned development.
The aggregate square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
The aggregate square footage or other area measurement by which all sidewalks, driveways and parking areas, whether paved, graveled or unsurfaced, and all buildings and other structures cover a lot as measured in a horizontal plane to the limits of the structure or improvement.
The permitted number of dwelling units per gross area of land to be developed.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
The removal of surface water or ground water from land by drains, grading or other means and including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation and prevention or alleviation of flooding.
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
Any structure or portion thereof which is designed or used for residential purposes.
DWELLING UNITA room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the passing through another dwelling unit or other indirect route(s) to get to any other dwelling unit portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
APARTMENTA building other than a building of attached "Townhouses" containing a minimum of three dwelling units and not exceeding 2.5 stories and 35 feet in height.
CARRIAGE HOUSE APARTMENTA residential dwelling unit within a building accessory to a detached single-family dwelling containing both a garage for the parking of automobiles owned and used by the residents of the detached dwelling unit and the residential Carriage House Apartment dwelling unit above the garage. The Carriage House Apartment shall be restricted to occupancy by members of the same family occupying the detached single-family dwelling, shall not ever be used as a rental unit, shall be between 600 square feet and 700 square feet in net habitable floor area, and shall have a direct entrance at ground level. The height of an accessory building containing a Carriage House Apartment shall not exceed 2.5 stories and 35 feet in height.
DETACHED, SINGLE-FAMILYA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit which has its own sleeping, sanitary and general living facilities.
PATIO HOMEA single-family dwelling on an individual lot which may be attached to a second single-family dwelling on an adjacent lot.
RESIDENTIAL FLATA residential dwelling unit situated on the second floor above permitted nonresidential uses in accordance with the applicable provisions of this chapter.
TOWNHOUSEOne building containing at least four connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. Each dwelling unit may be a maximum of three stories and 35 feet in height, but nothing in the definition shall be construed to allow one dwelling unit over another.
TWO-FAMILYA building on one lot containing two dwelling units only, each having entrances on the first floor, intended for the residential occupancy by two housekeeping units, each living independently of each other and each unit with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls.
A use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation, or particular persons for specific uses.
An addition to the floor area of an existing building, an increase in the size of any other existing structure, or an increase in that portion of a tract of land occupied by an existing use.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Federal Aviation Administration.
Federal Communication Commission.
The same as "Housekeeping Unit."
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
PRINCIPAL USESA lot with at least five contiguous acres devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries, and greenhouses, aquaculture, silviculture or horticulture operations, dairies and livestock produce, except that commercial piggeries are excluded.
ACCESSORY USESStructures incidental to farms such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for keeping of poultry and livestock; and garages for the keeping of trucks and other equipment used in farm operations.
AGRICULTURAL PURPOSEA farm serves a dominant agricultural purpose and shall comply with the minimum lot size requirements in the applicable zoning district. Agricultural purpose does not include purposes and uses which are recreational in nature, uses which are primarily personal as opposed to commercial or uses which are incidental and/or subordinate to a residential use.
A real estate marketing term; a lot with less than five contiguous acres that may or may not contain farming activities.[1]
An individual designated by Southampton Township and certified by the Commissioner of the New Jersey State Department of Community Affairs to serve as the Fire Official.
A qualified individual appointed by Southampton Township to enforce the fire protection rules of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of the Township.
The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
A lot with sufficient width for an access drive with the enlarged buildable portion of the lot located at the end of the access drive.
The relatively flat area adjoining a water channel, which has been or may be covered by floodwater of the channel, including the following components:
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 of a foot.
FLOOD HAZARD AREALand in the flood plain subject to a 1% or greater chance of flood in any given year.
FLOOD FRINGE AREAThat portion of the flood hazard area outside of the floodway.
The plane projection of all roofed areas on a lot multiplied by the number of full stories under each roof section provided that the area under any roof overhang of four feet or less and/or any under roof parking area shall not be included in the G.F.A. calculation. Basements, which satisfy applicable construction definitions of habitable space, are included in the G.F.A.
The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a head-room of at least 6 1/2 feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, utility (heating and cooling) rooms, half-stories and unfinished attics and basements.
The sum of the area of all floors of buildings or structures compared to the total area of the site.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
STRUCTUREA combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
The growing and harvesting of trees for commercial purposes, except that the following shall not be defined as forestry:
Removal of trees on a parcel of land one acre or less on which a dwelling has been constructed;
Removal of trees directly associated with the use of the property for a nursery, garden center, Christmas tree plantation, or orchard;
Removal of trees directly associated with the development of the property as otherwise authorized by the Pinelands Comprehensive Management Plan;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal of trees for the personal use of the property owner; and
Removal of trees for public safety.[2]
An accessory building or structure, whether detached or attached, designed for the parking and storage of vehicles.
[Added 11-17-2020 by Ord. No. 2020-11]
Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
A comprehensive plan for the development of a planned development in accordance with the provisions specified in N.J.A.C. 40:55D-45.1 of this chapter.
The slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.
The natural environment of an individual animal or plant population or community.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any real property, such as a building, structure, ruins, foundation, route, trail, place or object, including but not limited to a cemetery, burial ground, village area, bicycle railway or a natural object, configuration, geological feature or formation which has been designated as a landmark by the Historic Commission Historic Plan Element because it:
Is of particular historic, cultural, scenic or architectural significance to the Township of Southampton and in which the broad cultural, political, economic or social history of the nation, State or community is reflected or exemplified;
Is identified with historic personages or with important events in the main current of national, State or local history;
Shows evidence of habitation, activity or the culture of prehistoric man;
Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or
Represents a work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the Township of Southampton or other areas.
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The designation of a landmark shall be deemed to include the tax map lots on which it is located. All landmarks shall specifically be identified within the Historic Preservation Study Plan Element of the Township Master Plan.
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An activity operated for pecuniary gain in, or directed from, a residential dwelling or unit by one or more family members residing within that dwelling or unit. A home-based business shall be considered an accessory use.
An organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township in accordance with N.J.S.A. 40:55D-43.
A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees.
One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
Any natural or manmade surface, which does not permit infiltration of water and/or causes surface runoff.
Any land used for the following public or private purposes: educational facilities including universities, college, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement buildings; military facilities; churches; public office buildings; cemeteries; and other similar facilities.
Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof or of any material whatsoever.
The surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
The entire area of a lot or lots included in a single proposed development or site plan, before any deductions are made for wetlands, conservation areas, steep slopes or for any other required purpose.
The remaining developable area of a lot or lots included in a single proposed development or site plan after deductions are made for wetlands, conservation areas, steep slopes or for any other required purpose.
Sites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.
An off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The area contained within the lot lines, but not including any portions of a street, lake or stream. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the ultimate widening of the street.
A lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 120°. Each corner lot shall have two front yards, one side and one rear yard, the side and rear yards to be designated at the time of application for a construction permit.
The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
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The horizontal distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet measured from the centerline of the street, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width unless a lesser frontage is specified in this chapter. In the case of a corner lot, either street frontage, which meets the required frontage for that zone, may be considered the lot frontage.
Any line forming a portion of the exterior boundary of a lot. The lot line is the same line as the street line for a portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.
The straight and horizontal distance between the side lot lines measured at setback points on each side lot line an equal distance from the street line. The minimum lot width shall be measured at the minimum required building setback line.
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Any security acceptable to the Governing Body to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and in accordance with this chapter.
A composite of the mapped and written plans recommending the physical development of the municipality, which shall have been adopted by the Planning Board.
The average of the ground level measurements computed at the four extreme corner points of any proposed or existing building.
Any unit, whether licensed or not, used for living, sleeping or business purposes by one or more persons, built on a chassis, designed without a permanent foundation and shall include a dwelling, sleeping or business unit of vehicular design used or intended or constructed for use as a conveyance upon the public streets and highways, whether licensed or not, and shall further include self-propelled and non-self-propelled vehicles and other structures so designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a dwelling, sleeping place or for business purposes for one or more persons and having no foundation other than wheels, jacks, piers or skirting so arranged as to be integral with or portable by the mobile home and shall further include the type of dwelling known as a trailer or camp car.
The Planning Board, Board of Adjustment, or Township Committee, or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.
A building or structure which in its location upon a lot or in its lot size, does not conform to the regulations of this chapter for the zone in which it is located.
A lot of record which does not have the minimum size, width, frontage or depth or contain the minimum area for the zone in which it is located.
A place for the transaction of business where reports are prepared, records kept and services rendered, but where no retail sales, except in connection with professional services, are offered and where no manufacturing, assembly or fabricating takes place.
Located outside the lot lines of the property in question but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of the street right-of-way.
Not located on the property, which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.
Located on the lot in question.
Located on the property, which is the subject of a development application or on a contiguous portion of a street right-of-way.
Any parcel or land area or water, essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets, off-street parking and other improvements that are designated to be incidental to the natural openness of the land, and provided further that no portion of the required open space shall include any yard or setback distance stipulated in this chapter and any street right-of-way.
Any area, either within a structure or in the open, of not less than nine feet wide by 20 feet in length or, in the case of a handicapped parking space, an area not less than eight feet wide by 20 feet in length with an adjacent access aisle at least five feet wide, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that the length of a parking space may be reduced to 18 feet in length, subject to the approval of the Board in those instances where a two-foot overhang area exists beyond a curb and where such overhang does not interfere with any proposed and/or required landscaping. Notwithstanding any other provision of this chapter, nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, except that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking areas. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
Any security, in accordance with the requirements of this chapter, which may be accepted in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, escrow agreements and other similar collateral or surety agreements.
An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
Any use of land or buildings as permitted by this chapter.
A map or maps of a subdivision or site plan.
A roofed, open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof. A porch may be screened.
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
The primary purpose for which a lot or building is used.
The government of the United States of America, the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising sovereign powers of government.
Sewer service, gas, electricity, water, telephone, television and other similar services provided or maintained by any public or private entity.
Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
The management program which employs the most efficient use of available technology and natural, human and economic resources.
Intensive recreation, including facilities for physical activities, games, team sports and generally any recreation that is not passive or low intensive.
Recreation with insignificant impact on surrounding areas or on the environmental integrity of the area, such as hiking, hunting, trapping, fishing, canoeing, nature study and bicycling.
A plan prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
A public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section
[Amended 11-17-2020 by Ord. No. 2020-09]
An establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
[Added 11-17-2020 by Ord. No. 2020-09]
A restaurant, including drive-in and drive-through restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety at which the patron obtains food directly from the dispensing counter or take-out window for consumption on or off the premises.
[Amended 11-17-2020 by Ord. No. 2020-09]
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or, the alteration of streets or the establishment of any new streets.
Any apparatus or structure constructed or installed out of doors with the purpose of receiving television, radio or similar waves, but excluding, however, conventional television antennae.
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories as well as the performance of minor repair services, but where no vehicular painting and/or bodywork is done and where no junked or unregistered motor vehicles are kept or stored.
The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
A line drawn parallel or concentric to a street line or lot line and drawn through the point of the building nearest to the street line or lot line. The term required setback means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. The minimum front, side and rear yard requirements specified in this chapter shall be the minimum required setbacks.
 |
A group of commercial establishments built on one tract that is planned and developed as an operating unit: it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street centerline except for street signs, fire hydrants and light standards.
 |
Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia or other visual communication is used to advertise or promote the interest of any person, products or service when the same is placed in view of the general public, as particularly defined and regulated in ordinance governing signs.
A development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (3) any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter:
MINOR SITE PLANAny site plan for any new development or building alteration or addition not exempt from site plan review which involves grading, clearing or disturbance of an area less than 5,000 square feet.
MAJOR SITE PLANAny site plan not defined as a minor site plan.
The examination of the specific development plan for a lot or tract of land. Whenever the term site plan approval is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
Rough layout of a proposed land development of sufficient detail, clarity, and accuracy to be used for discussion prior to submission of a preliminary plat.
A facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a landfill.
Any tree of exceptional size, which is listed by the New Jersey Division of Parks and Forestry. A listing of such trees and a map showing their location is maintained at the principal office of the Pinelands Commission.
That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling; rather, the underside to the highest horizontal surface separating the area above from the remainder of the structure below shall be considered the ceiling. Moreover, cellars and basements ordinarily shall not be considered stories when considering the height of a building; provided, however, that finished basements in nonresidential buildings shall be considered a story for purposes of height, floor area and parking computations in accordance with the requirements of this chapter. Finally, a half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate; and such half-story shall not be used for nonresidential uses.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway or (2) which is shown on a plat heretofore approved, pursuant to law, whether publicly or privately owned, or (3) which is approved by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plan duly filed in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, parking areas and other areas within the street line. For purposes of the paving design and setback requirements of this chapter for and related to streets, all private roads shall be considered streets.
The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way.
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land (e.g., fences, swimming pools, signs, tennis courts, walls, buildings, etc.) or whether attached to something having a fixed location on, above, or below the surface of a parcel of land.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of land found by the Planning Board or Subdivision Committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size; (2) divisions of property by testamentary or intestate provisions; (3) divisions of property upon Court order including, but not limited to, judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term subdivision shall also include the term resubdivision.
MINOR SUBDIVISIONAny division of land containing an aggregate of not more than four lots (three new lots and the remaining parcel), each fronting on an existing improved street; provided that such subdivision does not involve: (1) a planned development; (2) any new street; or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; or (4) adverse affect on the remainder of the parcel or adjoining property; or (5) a conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision. Whenever a subdivision has previously been approved for a parcel of land, any subsequent application(s) for a subdivision involving any portion of the same parcel of land filed within eight years shall follow major subdivision procedures unless the cumulative total of the lots resulting from all such subdivisions is less than four including any remainder lot. The eight year time period shall be measured from the date of final approval of the prior subdivision.
MAJOR SUBDIVISIONAny subdivision not defined as a minor subdivision.
The examination of the specific subdivision plat for a lot or tract of land. Wherever the term subdivision approval is used in this chapter, it shall be understood to mean a requirement that the subdivision plat be reviewed and approved by the Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
A facility constructed above or below the ground, having a depth of more than two feet and/or water surface of 100 square feet or more, and designed and maintained for swimming purposes.
Any ground or roof mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting (1) or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces, and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by Code.
An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract provided that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.
Those services customarily rendered by corporations or the municipality, under the review of the Public Utilities Commission, for public service, such as electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services.
Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served.
A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.
Any plant material including grasses, shrubs and trees.
Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture and the State Environmental Commission and Pinelands Comprehensive Management Plan.
An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that in designating a wetland, the three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto, shall be used.
Areas, groves, or stands of mature or largely mature trees (i.e. greater than six inches caliper as measured at a point four feet above grade) covering an area greater than 1/4 acre; or groves of mature trees (greater than 12 inches caliper as measured at a point four feet above grade) consisting of more than 10 trees.
An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot.
An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved side lot lines.
 |
[1]
Editor's Note: The definition of "fence," added 8-20-2020 by Ord. No. 2019-05, which immediately followed this definition, was moved to Subsection 12-5.6 1-21-2020 by Ord. No. 2020-02.
[2]
Editor's Note: The former definitions of "garage, private nonresidential," "garage, private residential," and "garage, public," which immediately followed this definition, were repealed 11-17-2020 by Ord. No. 2020-11.
For the purposes of this chapter, the Township of Southampton is hereby divided into nine zoning districts which are differentiated as to allowable uses and which shall be known and designated as follows:
| AR | Agricultural Residential |
| HC | Highway Commercial |
| I | Industrial |
| MR | Mobile Home Residential |
| RR | Rural Residential |
| RR1 | Rural Residential 1 - Affordable Housing |
| TC | Town Center |
| TCI | Town Center Extension - Affordable Housing |
| VC | Village Commercial |
[Amended by Ord. No. 2006-14; 6-21-2022 by Ord. No. 2022-06]
a.
The boundaries of said districts shall be as shown on the Zoning Map as prepared by Richard A. Alaimo Association of Engineers, entitled "Zone Plan with Overlays," revised April 2022, which accompanies this chapter and is hereby declared to be a part thereof, including all notations and explanatory material thereon.[1]
[1]
Editor's Note: Appendix B, Zoning Map, and Appendix C, Zoning Map With Overlays, are included as attachments to this chapter.
b.
No changes of any nature shall be made in the official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter. The official Zoning Map shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Township. No amendment to this chapter, which involves matters on the official Zoning Map, shall become effective until after such change and entry has been made on the map.
a.
Unless otherwise shown, the district boundaries shall be construed to coincide with the centerlines of streets, alleys, parkways, waterways and the middle of track or tracks of railroads.
b.
Where such boundaries are indicated, as approximately following the property lines of parks and other publicly owned lands, such lines shall be construed to be such boundaries.
c.
In all cases where a district boundary line is located not further than 25 feet away from a lot line of record, such boundary shall be construed to coincide with such lot line.
d.
In all other cases, where dimensions are not shown on the Zoning Map, the location of boundaries shall be determined by the use of the scale appearing on such map.
e.
Where physical or cultural features on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered in this chapter, the Board of Adjustment shall interpret the district boundaries.
f.
Where a district boundary line divides a lot which was held in single and separate ownership at the time the boundary line was established, the Board of Adjustment may permit, as a special exception, the application of the use regulations of the less restricted district over the portion of the lot in the more restricted district a distance of not more than 25 feet beyond the district boundary line.
a.
Incompatibility. Nonconforming uses and structures are hereby declared to be incompatible with the uses and structures permitted. The lawful use of land, buildings or structures existing when this chapter was adopted may continue even though they do not conform to this chapter. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter.
b.
Restoration. Any nonconforming building, structure or use, which has been condemned or damaged, shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 75% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 75% of the value of replacing the entire structure, it may be rebuilt within one year provided it does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, which shall not include the cost of the foundation unless the foundation is involved in the repair.
c.
Repairs and maintenance. Repairs and maintenance may be made to a nonconforming structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for nonconforming purpose or increase the nonconforming purpose or nonconformity in any manner.
[Amended by Ord. No. 2002-03; Ord. No. 2003-2]
a.
Purpose. The Township recognizes the retention of agricultural activities as a significant economic industry and encourages the promotion of the industry's success through the preservation of agricultural land. These standards have been created to ensure the continued realization of the numerous social, economic and environmental benefits associated with agricultural activities while deterring unwarranted growth and protecting the health, safety and welfare of the community. In order to protect the present and future residents of the Township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the Township, nonagricultural development in this zone has been determined to be less desirable than in other areas.
b.
FARM MARKET
Definitions.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
c.
Permitted uses.
1.
Farm operations and accessory uses.
2.
Processing of farm products.
3.
Animal hospitals and kennels.
4.
Facilities for the warehousing, sales, repair, and service of agricultural equipment, vehicles, feed or supplies.
5.
Riding schools or horse boarding stable.
6.
Greenhouses and nurseries.
7.
Public buildings including firehouses.
8.
Single-family detached dwelling units with on-site septic and accessory uses conforming to applicable zoning requirements (e.g. swimming pools and tennis courts).
9.
Public recreation facilities, except for such facilities as are designated as a conditional use pursuant to Subsection 12-4.7.
10.
Educational facilities.
11.
Churches and accessory uses.
12.
Professional offices.
13.
Home occupations.
14.
Residential detached cluster dwelling units.
d.
Accessory uses.
1.
Private residential swimming pools and other recreational facilities associated with residential dwelling units.
2.
Private residential sheds for storage of objects owned by the residents of the property, each not exceeding 15 feet in height, and not to exceed 1.5% of the total lot area.
3.
Fences and walls.
4.
Farm markets for commercial farm operations conforming to the Right to Farm Act, N.J.S.A. 4:1C-1 provided the following criteria are met:
f.
Development criteria - residential.
[Amended 12-15-2020 by Ord. No. 2020-08]
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1.
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Density:
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3.2 acre/d.u.
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2.
|
Lot area:
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||||||||||
|
Standard:
|
3.2 acre minimum
|
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Cluster:
|
1.0 acre minimum provided density of 3.2 acres/d.u. is maintained
|
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3.
|
Lot frontage:
|
||||||||||
|
Standard:
|
100 feet minimum
|
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Cluster:
|
75 feet maximum
|
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4.
|
Side yard:
|
||||||||||
|
Standard:
|
60 feet minimum (aggregate)
|
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30 feet minimum for each
|
|||||||||||
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Cluster:
|
40 feet minimum (aggregate)
|
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|
20 feet minimum for each
|
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5.
|
Front yard:
|
||||||||||
|
Standard:
|
100 feet minimum
|
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Cluster:
|
30 feet minimum
|
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|
50 feet maximum
|
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6.
|
Rear yard:
|
||||||||||
|
Standard:
|
50 feet minimum
|
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Cluster:
|
50 feet minimum
|
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7.
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(Reserved)
|
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8.
|
Impervious Coverage:
|
||||||||||
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Total lot coverage:
|
20% maximum
|
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9.
|
Principal Building Coverage:
|
10% maximum
|
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10.
|
Accessory Building Coverage:
|
1.5% maximum
|
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|
11.
|
The minimum cluster lot area (43,560 square feet) shall apply only to those lots located on soils that have a percolation rate of 30 minutes per inch or more and depth to groundwater of 6 feet or more.
|
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|
12.
|
The lot area requirement for a cluster lot shall increase in addition to the minimum in Subsection 12-3.5f. The minimum lot area for a cluster lot that does not meet the criteria in Subsection 12-3.5f,11 will be based on the calculation in the section below.
|
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|
13.
|
The lot area requirement for a standard lot shall increase in addition to the minimum in Subsection 12-3.5f. only if the resultant lot size calculated from the formula below is greater than the minimum lot size for a standard lot (139,392 sf).
|
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|
14.
|
For those lots that do not meet the criteria in Subsections 12-3.5f,11 and 13, the lot requirements shall be based upon the following conditions:
|
||||||||||
|
Total Lot Area =
|
|||||||||||
|
43,560 sf + (43,560 sf x ((Perc. Rate (min/inch) - 30 min/inch)/30 min/inch) + (43,560 sf x ((6 feet - Actual depth to G.W.)/2 ft)
|
|||||||||||
|
For Example: 40 minutes percolation rate 4.5 feet depth to SHWT
|
|||||||||||
|
Total Lot Area =
|
|||||||||||
|
43,560 sf +
|
[40 min/in -
|
30 min/in
30 min/in
|
+
|
6' - 4.5']
2'
|
x 43,560 sf
|
||||||
|
=43,560 + (43,560 sf x (10/30)) + (43,560 sf x (1.5 ft/2 ft))
|
|||||||||||
|
=43,560 sf + 14,520 sf + 32,670 sf
|
|||||||||||
|
=90,750 sf or 2.08 acres
|
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|
*
|
A percolation rate of 60 minutes per inch and greater is not acceptable under State Standards.
|
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|
15.
|
At the option of the Board, the site specific testing may be disregarded and the application of the following shall apply based on map classifications.
|
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|
Slight
|
Moderate
|
Severe
|
||||||||||
|
Natural drainage limitations
|
30 minutes
|
40 minutes
|
60+ minutes
|
|||||||||
|
Limitations for septic effluent disposal
|
6 feet
|
3 feet
|
1 foot
|
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|
16.
|
All State Standards, specifically N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage, as amended, shall apply.
|
|||||||||||
|
17.
|
Minimum distance from any component of the disposal system lot to a property line or where applicable, the public right-of-way shall be 50 feet. The replacement of an existing malfunctioning septic system is exempt from this setback requirement. The replacement septic system shall be in conformance with N.J.A.C. 7:9A.
|
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18.
|
Any development of 25 acres or more, which is immediately adjacent to an active agricultural operation, shall include a buffer area along the common property line, which shall consist of the requirement in Subsection 12-5.2. This buffer shall be included on the building lots.
|
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|
19.
|
In order to limit nitrate and related pollutant buildup in ground water caused by septic systems, the use of a nitrate dilution model is required in development of lots. See Subsection 12-4.22 for background information and related definitions. The ground water nitrate concentrations for these developments shall be constrained by the potential for nitrate pollution of the aquifer as quantified by the pertinent Nitrate Dilution model using the parameters as defined below. Minimum lot size shall be determined by the application of the equation listed above under Subsection 12-3.5f,14 or the application of the residential carrying capacity model as provided by the New Jersey Department of Environmental Protection (NJDEP) utilizing the variables provided below. The minimum lot size required for this zoning district shall be the greater lot size calculated by the two above referenced methods. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size.
|
|||||||||||
|
(a)
|
Carrying-Capacity Formula Variables:
|
|||||||||||
|
(1)
|
POPULATIONS DENSITY: The population density shall be based on demographic information from the American Housing Survey, Bureau of the Census, which provides the average household size for the northeast region according to the number of bedrooms proposed per dwelling unit.
|
|||||||||||
|
(2)
|
N03 TARGET: 3 mg/l
|
|||||||||||
|
(3)
|
SOIL TYPE: Dependent on parcel location. If more than 1 soil type exists on the parcel, the resultant lot size shall be the sum of the model outputs for each soil type divided by the percentage of area the soil type covers on the parcel. In the absence of on-site soil samples, the soil type shall be determined by utilizing the Burlington County Soil Survey mapping. If there is a discrepancy between on-site soil sample results and the Burlington County Soil Survey mapping, the results of at least 3 soil borings in the area of discrepancy shall be considered the correct input for the formula variable. The NJDEP recharge model excludes hydric soils, wetlands, and waterways. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size. For isolated wetlands, when the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric, soil or wetland may be substituted in the model.
|
|||||||||||
|
(4)
|
MUNICIPALITY: Southampton Township.
|
|||||||||||
g.
Development Criteria. Agricultural buildings and/or structures (other than farm dwellings).
1.
Building setback: Front facade of the primary residential building.
2.
Side yard: 50 feet minimum.
3.
Rear yard: 50 feet minimum
4.
Special setback requirements: Except as provided for in the following paragraph, no new slaughter area, area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock, or any building housing livestock shall be permitted adjacent to any land zoned for residential purposes or containing residential uses without the implementation of a fifty-foot buffer per Subsection 12-5.2. The buffer shall be adequate to protect and maintain public health.
h.
Existing conditions. Any parcel of land with an area or bulk measurement less than that prescribed for a lot in the Agricultural Residential (AR) zoning district may be used as a lot for any use permitted within the AR zoning district, if:
[Amended by Ord. No. 2003-2; Ord. No. 2010-3]
a.
Purpose. The purpose of the Highway Commercial zoning district is to permit appropriate commercial development consistent with the rural character of Southampton Township while discouraging development that degrades the environment and/or does not meet the goals and objectives of the Township Master Plan.
b.
Permitted uses.
1.
Retail commercial establishment.
2.
Personal and professional establishment such as, but not limited to office buildings for physicians, dentists, lawyers, planners, architects and landscape architects, engineers, musicians, artists, teachers, optometrists, photographers and other recognized professionals.
3.
Department stores and all uses normally associated with department stores, including the sale and installation of auto accessories in the main building or in a separate building, but nothing herein contained is intended to permit the sale of gasoline, lubrication of motor vehicles or the performance of any other auto repairs, painting or body work.
4.
Banks and other financial uses.
5.
General services for sale and repair of watches, clocks, jewelry, radio, television, home appliances and other similar services.
6.
Electrical, plumbing and other singular supply stores.
7.
Public utilities and utility collection offices.
8.
Quasi-public, social, fraternal, union, civic organizations.
9.
Public recreational and community center buildings and grounds.
10.
Public libraries, museums and art galleries.
11.
Buildings used exclusively by the Federal, State, County or local municipal government for public purposes, but not including workshops, warehouses, or storage yards.
12.
Medical clinics.
13.
Mortuaries, funeral homes.
14.
Day care center, preschool and day nursery schools, subject to providing a fenced outdoor play space in accordance with Subsection 12-5.6.
15.
Nursing homes, rest home or home for the aged.
16.
Churches, synagogues and similar places of religious assembly including residences for caretakers and clergy, meeting halls, schools and offices.
17.
Facilities for the warehousing, sales, repair, and service of agricultural equipment, vehicles, feed or supplies.
18.
Other uses that have similar characteristics as those referenced above.
19.
Restaurants.
[Added 11-17-2020 by Ord. No. 2020-09]
c.
Accessory uses permitted.
4.
Garages, storage buildings and toolsheds.
5.
Storage containers shall be permitted as an accessory use according to the standards established in Subsection 12-4.1(e). Storage containers sited and existing at the time of adoption of these provisions shall be permitted as preexisting, nonconforming uses subject to the provisions of Subsection 12-3.4.
d.
Conditional uses.
1.
Service stations and repair garages: provided that the issuance of a permit shall first be approved by the Planning Board, after public notice and public hearing, on the basis of the following standards:
(a)
No service station shall be located within 1,000 feet of any other service station along the same side of the street, which distance shall be measured along a straight line from the nearest boundary line of the existing station to the nearest boundary line of the proposed new station.
(b)
No service station shall be located within 500 feet of any public or private school, hospital, church, library, theater or other place of public assembly seating more than 50 persons, which distance shall be measured along a straight line from the nearest boundary line of the proposed new station.
(c)
The proposed use shall not be detrimental to the health, safety or general welfare of the Township, and it shall not result in a depression of any established property values in the general area.
(d)
Service pumps shall be setback a minimum of 40 feet from the front property and street line, except canopy structures may be located as close as 25 feet to the street line. A minimum of 25 feet shall exist between any two islands and between any island and the service station, auto repair or auto body building.
(e)
All pits, lifts and working areas shall be within an enclosed building. All lubrication, repair or similar activities shall be performed in an enclosed building; however, minor repair work may be performed at an island or pump location. All storage areas and trash facilities shall be enclosed with a fence or similar permanent structure and shall be screened from public view. Nothing herein shall be deemed to prohibit temporary road service on an inoperative motor vehicle.
(f)
No automobile or motor vehicle which is unregistered or any motor vehicle, whether registered or not, that is in a junked, inoperable or other condition such that it is unfit for use on any public highway, shall be stored on the premises of any service station or repair garage for a period in excess of 90 days. All such vehicles stored overnight on the premises outside the main building shall be screened from public view by a fence or other permanent structure or a landscaped buffer approved by the Planning Board or Zoning Board of Adjustment, as the case may be, in accordance with the landscaping buffer requirements specified in Subsection 12-5.2 of this chapter.
(g)
A twenty-foot wide landscaped strip across the entire frontage, exclusive of drive aisle, shall be provided and shall be landscaped with grass or ground cover, as well as low-growing buffering shrubbery and plants and shade trees in accordance with Subsection 12-5.7.
(h)
No sale or rental of cars, vehicles, trucks or trailers shall be permitted.
(i)
The entire area of a site traversed by motor vehicles shall be constructed with a dust free surface and drained onto a public street or public drainage system.
2.
Hotels and motels subject to the following:
(a)
Minimum lot size: five acres.
(b)
Number of rooms: 50 maximum.
(c)
Each hotel and motel dwelling unit shall provide a minimum 250 square feet of net habitable floor area for each unit containing one sleeping room and one bathroom, and 350 square feet of net habitable floor area for each unit containing one sleeping room, one bathroom and cooking facilities. There shall be a residency limitation on all guests of 30 days, provided that the residency limitation shall not apply to a permanent on-site superintendent's apartment.
3.
New and used auto, mobile home and recreation vehicle sales subject to the standards specified in Chapter 4 entitled "General Licensing," § 4-2 and the following:
(b)
Direct and indirect glare shall be in accordance with requirements as set forth under Subsection 12-5.8.
(c)
A ten-foot wide strip across the entire frontage, with the exception of exit and entrance driveways, shall be landscaped with grass or ground cover and attractively planted with low-growing shrubbery and plants.
(d)
When a new or used car lot abuts residences, a planted screen, as defined in Subsection 12-5.2 shall be installed and maintained at all times in a proper manner.
(e)
Driveway opening approval shall be required of the agency having jurisdiction of the roadway upon which the lot fronts.
(f)
All lot areas used by motor vehicles shall be provided with a dust free surface and drained onto a public street or public drainage system with provisions for an oil trap.
(h)
No new or used cars held for sale shall be parked on a public street or right-of-way.
(i)
Any new or used sales facility or site associated with any new or used car sales facility shall be located a minimum of 500 feet from any public street intersection.
5.
Sexually oriented businesses as defined per N.J.S.A. 2C:34-6: A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following:
Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representatives which depict or describe a specified sexual activity or specified anatomical area, or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area, or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity, or
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
PERSONS — An individual, proprietorship, partnership, corporation, association, or other legal entity;
SPECIFIED ANATOMICAL AREA — Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered;
SPECIFIED SEXUAL ACTIVITY — The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
(a)
Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Southampton in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Southampton and of the State of New Jersey, while maintaining the quality and character of Southampton Township and deterring the growth and spread of blight and crime. It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and operation of those uses. Therefore, special regulations of these "adult" uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Southampton. In no way is the fact that the Township of Southampton regulates any or all of the adult uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of, or condoning of, those uses.
(b)
Lot size: 87,120 square feet minimum.
(c)
Lot width: 200 feet.
(d)
Front yard setback: 100 feet.
(e)
Front buffer: 50 feet.
(f)
Side buffer: 50 feet.
(g)
Rear buffer: 50 feet.
(h)
The building or structure of such use shall be located no closer than 1,000 feet from any residential use or district, public or private school, church, recreation facility, any other religious, institutional, or educational use, nursery, child care center, public community center, park, playground, or similar use, or any premises licensed for the sale or distribution of alcoholic beverages.
(i)
No such use shall be located within 1,000 feet of a similar use.
(j)
Maximum distance between any access driveway and any adjoining property line shall be 30 feet.
(k)
Maximum width of curb cuts for access driveways shall be 20 feet, except a combined entrance and exit shall total 40 feet.
(l)
Parking requirements shall be in accordance with all of the regulations set forth in Subsection 12-5.10, but in any event, there shall be parking spaces for not less than 10 cars. In addition to the parking standards in Subsection 12-5.10, one parking space is required for each viewing theater where this viewing area is to not exceed 10% of the total building area.
(m)
No materials sold or displayed within shall be visible from any window or door, or within public view.
(n)
All trash, refuse, articles or any matter to be disposed of shall be shredded, cut, or rendered in such a fashion so that the remains shall not be readable, legible, or discernible.
(o)
All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, groundcover, seeding or similar plantings and maintained in good condition.
(p)
The minimum buffer area shall include a densely planted buffer of evergreen trees in accordance with Subsection 12-5.2 and at least six feet high at time of planting along any common property line with a residential district.
(q)
In addition, paved parking areas shall provide landscaped planting strips, particularly at the ends of parking rows. Said ends of parking areas shall be surrounded by concrete curb or Belgian block curb and shall be of a size sufficient to contain a 2 1/2 inch caliper shade tree, which shall be required in each planting strip.
(r)
All uses must be licensed as required in the General Ordinances of the Township of Southampton.
(s)
Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturday and shall be closed on Sundays.
e.
Development standards.
| Individual Uses | Shopping Centers | |||||
|---|---|---|---|---|---|---|
| 1. | Lot area: | 2 acres | 10 acres | |||
| 2. | Lot frontage: | 200 feet minimum | 500 feet minimum | |||
| 3. | Lot width: | 200 feet minimum | 500 feet minimum | |||
| 4. | Lot depth: | 300 feet minimum | 500 feet minimum | |||
| 5. | Side yard (agg.): | 100 feet minimum | 120 feet minimum | |||
| (each) | 20 feet minimum | 30 feet minimum | ||||
| 6. | Front yard: | 150 feet minimum | 175 feet minimum | |||
| 7. | Rear yard: | 40 feet minimum | 100 feet minimum | |||
| 8. | Front buffer: | 40 feet minimum | 50 feet minimum | |||
| 9. | Rear buffer: | 15 feet minimum | 50 feet minimum | |||
| 10. | Side buffer: | 15 feet minimum | 30 feet minimum | |||
| 11. | Floor area ratio: | 0.50 maximum | 0.60 maximum | |||
| 12. | Impervious surface: | 50% for total lot area | 60% for total lot area | |||
| 13. | Maximum height: | 35 feet | 35 feet | |||
| 14. | No building shall exceed 20,000 square feet of gross floor area. All principle individual use buildings shall be separated by a minimum of 20 feet provided such separation is to be used solely for pedestrian circulation. All principle individual use buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation. However, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings. | |||||
| 15. | Any side yard under 40 feet shall not include any parking or customer access, but may include access to the side or rear of buildings for the purpose of delivery, loading or unloading and shall be suitably landscaped. | |||||
| 16. | The principal building setback shall be 100 feet where the property line abuts a residential district or use. | |||||
| 17. | Where reverse and/or side parking is utilized, the front setback can be reduced to no less than 50 feet. Construction of the drainage basin within the front yard setback is permitted with appropriate landscaping per Subsection 12-5.7. | |||||
| 18. | Where said property abuts a residential district a fifty-foot buffer shall be required. | |||||
| 19. | In those instances where two adjacent property owners cooperate to share a common access driveway serving both properties and thereby eliminate an existing driveway access point to the roadway, then floor area ratio may be increased 0.10 and the impervious surface coverage may be increased 10% for both properties. Further, the impervious surface coverage may be increased an additional 3% for an increased buffer to 50 feet. The maximum floor area ratio also may be increased an additional 0.025 for amenity areas, plazas, and similar design features. | |||||
| 20. | Maximum floor area ratio shall be reduced by 0.05 for soils having any combination of limitations not including SLIGHT categories if development is permitted under appropriate State regulations. | |||||
| 21. | Minimum lot size shall be increased if the resultant lot size calculated from the steps below is greater than the minimum lot size for a standard lot (two acres). The resultant lot size as determined by the steps below shall be considered the required minimum lot size. Refer to "A recharge based Nitrate Dilution Model for New Jersey" and "New Jersey Geological Survey, Geological Survey Report GSR-32: A method for evaluating ground water recharge areas in New Jersey," New Jersey Department of Environmental Protection. | |||||
| (a) | DETERMINE INPUT FLOW VALUES FOR PROPOSED USE (Nitrate loading rate). The flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow. | |||||
| (b) | DETERMINE YEARLY DILUTION VOLUME. 8.0 (Nitrate loading rate) x (input loading per year) = yearly dilution volume. (8.0 is the Nitrate concentration ratio of 40 mg/L to five mg/L) [Amended 2-16-2021 by Ord. No. 2021-04] | |||||
| (c) | Use model NJGS GSR-32 (New Jersey Geological Survey, Geological survey Report GSR-32: A method for evaluating ground water recharge areas in New Jersey) as implemented in the DEP EXCEL, spreadsheet "NJ-RECHARGE-v4.XLS." Provide the following information for calculating the recharge amount for the proposed use. | |||||
| (1) | Land use cover code: 0. | |||||
| (2) | Soil: Dependent on parcel location. If more than one soil type exists on the parcel, the resultant lot size shall be the sum of the total outputs for the soil areas. In the absence of on-site soil samples, the soil type shall be determined by utilizing the Burlington County Soil Survey mapping. If there is a discrepancy between on-site soil boring results and the Burlington County Soil Survey mapping, the results of at least 3 soil samples in the area of discrepancy shall be considered the correct input for the formula variable. Where multiple soil types are present, volumetric recharge shall be computed for each soil type and respective area and summed to determine total annual recharge volume. The NJDEP charge model excludes hydric soils, wetlands, and waterways. When the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric soil or wetland may be substituted in the model. | |||||
| (3) | Acreage: Size of parcel. See paragraph (d) below. | |||||
| (4) | Township: Southampton Code 126. | |||||
| (d) | Recharge areas. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size. For isolated wetlands, when the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric, soil or wetland may be substituted in the model. | |||||
f.
General requirements.
1.
In an effort to provide for common parking, access, landscaping and lighting new development shall be designed to be in conformance with any existing, abutting development.
2.
Any principal building may contain more than one use, provided that the total floor area ratio and lot coverage of the combined uses do not exceed the maximums specified and further, that each use occupies a minimum gross floor area of 500 square feet.
3.
Any proposed development shall be constructed in accordance with an overall integrated plan.
4.
All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes. All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof), and no flat or lean-to roof shall be permitted; provided, however, that where roof mounted equipment is necessary for the operation of the building, a facade roof treatment exhibiting the appearance of such dual-pitched roofs may be permitted and approved by the Board during site plan review.
5.
Unless otherwise specifically approved by the Board, no merchandise, products, equipment, or similar material or objects shall be displayed or stored outside and all solid waste not stored within a building shall be stored within an enclosed container.
6.
Occasional outside displays of seasonal products or merchandise for sale shall be permitted where it is impractical due to the size or nature of the seasonal product or merchandise to store or display said products or merchandise within the permanent enclosed building; however, said occasional outside displays of seasonal products or merchandise shall be conducted only by the owner or tenants of the building and the regular employees of said business or use, and the products or merchandise shall be reasonably related to the primary business or use at the site.
7.
All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, groundcover, seeding or similar plantings and maintained in good condition.
8.
The minimum buffer area shall include a densely planted buffer of evergreen trees in accordance with Subsection 12-5.2 at least six feet high at time of planting along any common property line with a residential district.
9.
On all commercial lots, access, ingress and egress shall be onto a nonresidential street, arterial or collector street.
10.
Access to the site shall be separated as to entry and exit traffic.
11.
No driveway, parking area or other improved area other than planting shall be placed closer than 20 feet to any property line.
12.
In addition, paved parking areas shall provide landscaped planting strips, particularly at the ends of parking rows. Said ends of parking areas shall be surrounded by concrete curb or Belgian block curb and shall be of a size sufficient to contain a 2 1/2 inch caliper shade tree, which shall be required in each planting strip.
13.
At least the first 50 feet adjacent to any street line and 15 feet adjacent to any lot line shall not be used for parking and shall be planted in lawn area or ground cover or landscaped with evergreen shrubbery.
14.
Uses that have the potential for introducing automotive pollutants such as, but not limited to service stations and repair garages, new and used auto, mobile home and recreation vehicle sales shall be required to have impermeable parking surfaces with collection devices that are properly serviced to prevent vehicle fluids from entering the aquifer or surface water.
15.
Uses that use a large volume of ground water (that which is in excess of the normal flow values associated with the proposed uses as contained in N.J.A.C. 7:9A-7.4, as amended) shall return the excess water to the same aquifer from which it was extracted and with the same chemical composition. Additional chemicals shall not be added to the return water supply and the pH shall not be altered.
[Amended by Ord. No. 2003-2; Ord. No. 2010-3]
a.
Purpose. The purpose of the Industrial district is to permit appropriate industrial development consistent with the rural character of Southampton Township while discouraging development that degrades the environment and/or does not meet the goals and objectives of the Township Master Plan.
b.
Permitted uses.
1.
Wholesale business establishment.
2.
Storage or warehouses; packing, crating or hauling station; trucking yard or terminal.
3.
Custom shop for making articles or products sold at retail on the premises.
4.
Plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, and electrical contractor; blacksmith shop; carpentry; soldering and welding shop.
5.
Yard for storage, sale and distribution of ice, coal, fuel oil, or building materials, but not including junkyard, salvage or wrecking yard, except when enclosed within a solid fence of not less than six feet in height and in conformance with the below standards.
[Amended 8-19-2014 by Ord. No. 2014-19]
(a)
Fence required. The yard shall be enclosed by either a cyclone or other fence approved by the Planning Board, six feet high, provided with substantial gates and secure locks or screened from view by means of adequate shrubs or other plantings.
(b)
Distance to neighboring building. The yard shall not be located within 300 feet of any building.
(c)
Control of vermin. Proper precautions shall be taken to prevent rats, mice or other vermin or insects from being harbored or bred in the yard.
(d)
Hours of operation. No business shall be conducted at any yard before sunrise or after sunset. During the time the yard is closed, all doors and other openings affording access thereto shall be securely locked.
(e)
Open storage prohibited. No materials shall be permitted to accumulate or be placed, stored or deposited in the open, but they shall be stored, accumulated or placed only within the area constituting the yard as approved on the site plan.
(f)
Maintenance of premises. The premises shall be constantly maintained in a safe and sightly manner with due regard to the public safety and health.
(g)
Maximum area. No yard shall occupy an area greater than three acres.
6.
Commercial place of amusement, recreation or assembly.
7.
Bottling establishment.
8.
Manufacturing as follows:
(a)
Canvas and canvas products.
(b)
Clothing and other textile products, not including manufacturing of textiles.
(c)
Electrical equipment, appliances and supplies, manufacture and assembly of, not including heavy electrical machinery.
(d)
Food products, combining or processing of, not including meat and fish.
(e)
Jewelry, clocks and watches.
(f)
Leather products including luggage and shoes.
(g)
Medical, dental, drafting equipment, optical goods.
(h)
Musical instruments.
(i)
Compound of perfumes of pharmaceutical products.
(j)
Rubber products, small synthetic treated fabrics, not including rubber and synthetic processing.
(k)
Small products from the following previously prepared materials: bone, cork, feather, felt, fur, glass, hair, horn, paper, plastics, and shells.
(l)
Tool, dye and pattern making, and similar machine shops.
(m)
Wood products, including furniture and boxes.
(n)
Masonry and masonry products.
9.
Carpet and rug cleaning.
11.
Laboratory, research, experimental and testing.
12.
Airports.
13.
Industrial park complexes.
14.
Any use of the same general character as any of the above permitted uses when authorized as a special exception by the Zoning Board of Adjustment.
15.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
c.
Prohibited uses.
1.
Abattoir, stockyard.
2.
Distillation of bones and wood.
3.
Incineration or reduction of garbage, offal and dead animals, except by municipal agents and on municipality owned lots.
4.
Junk yard, salvage or wrecking yard, or the bailing of rags or junk, except where enclosed within a building or within a solid fence of not less than six feet in height.
5.
Manufacture of:
(a)
Asphalt or asphalt products, including refining.
(b)
Explosives, fireworks, including storage.
(c)
Fertilizer, when manufactured from animal or vegetable refuse or materials.
(d)
Gypsum, cement, plaster, or plaster of paris.
(e)
Rubber or gutta percha (a whitish-to-brown substance resembling rubber but containing more resin and changing less on vulcanization).
(f)
Sulphurous, sulfuric, nitric, or hydrochloric or other noxious or corrosive acids.
6.
Wood pulp and fiber, reduction and processing.
d.
Accessory uses.
4.
Garages, storage buildings and toolsheds.
5.
Storage containers shall be permitted as an accessory use according to the standards established in Subsection 12-4.1e. Storage containers sited and existing at the time of adoption of these provisions shall be permitted as pre-existing, nonconforming uses subject to the provisions of Subsection 12-3.4.
6.
Employee cafeterias as part of a principal building or as the entire use of a principal building, provided that the cafeteria is limited in service to the employees of the principal use designated on the site plan as approved by the municipal agency.
7.
Recreational areas and parks for employees, provided that the facility is owned and operated by an associated industry.
e.
Development criteria.
|
Individual Uses
|
Lots within an Industrial Park Complex
|
||
|---|---|---|---|
|
1.
|
Lot area
|
2 acres
|
1 acre
|
|
2.
|
Lot frontage
|
200 feet
|
150 feet
|
|
3.
|
Lot width
|
200 feet
|
150 feet
|
|
4.
|
Lot depth
|
300 feet
|
150 feet
|
|
5.
|
Side yard (each)
|
25 feet
|
20 feet
|
|
6.
|
Side yard (agg.)
|
75 feet
|
60 feet
|
|
7.
|
Front yard
|
75 feet
|
65 feet
|
|
8.
|
Rear yard
|
40 feet
|
25 feet
|
|
9.
|
Floor area ratio
|
0.50
|
0.60
|
|
10.
|
Lot coverage
|
50%
|
60%
|
|
11.
|
Maximum building height
|
45 feet
|
45 feet
|
|
12.
|
On lots adjoining a residential district or an existing residential use, buffer or screen plantings per Subsection 12-5.2 having a minimum width of 50 feet shall be provided.
|
|||||
|
13.
|
In those circumstances where two adjacent property owners cooperate to share a common access driveway serving both properties and thereby eliminate an existing driveway access or do not propose a new access point to the roadway, then floor area ratio may be increased by 0.10 and the maximum lot coverage may be increased by 10%.
|
|||||
|
14.
|
The maximum floor area ratio shall be reduced in accordance with Subsection 12-3.6e.
|
|||||
|
15.
|
Minimum lot size shall be increased if the resultant lot size calculated from the steps below is greater than the minimum lot size for a standard lot two acres). The resultant lot size as determined by the steps below shall be considered the required minimum lot size. Refer to "A recharge based Nitrate Dilution Model for New Jersey" and "New Jersey Geological Survey, Geological Survey Report GSR-32: A method for evaluating ground water recharge areas in New Jersey," New Jersey Department of Environmental Protection.
|
|||||
|
(a)
|
DETERMINE INPUT FLOW VALUES FOR PROPOSED USE (Nitrate loading rate). The flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
|
|||||
|
(b)
|
DETERMINE YEARLY DILUTION VOLUME. 8.0 (Nitrate loading rate) x (input loading per year) = yearly dilution volume. (8.0 is the Nitrate concentration ratio of 40 mg/L to five mg/L)
[Amended 2-16-2021 by Ord. No. 2021-04]
|
|||||
|
(c)
|
USE MODEL NJGS GSR-32 (New Jersey Geological Survey, Geological survey Report GSR-32: A method for evaluating ground water recharge areas in New Jersey) as implemented in the DEP EXCEL, spreadsheet "NJ-RECHARGE-v4.XLS." Provide the following information for calculating the recharge amount for the proposed use.
|
|||||
|
(1)
|
Land use cover code: 0.
|
|||||
|
(2)
|
Soil: Dependent on parcel location. If more than one soil type exists on the parcel, the resultant lot size shall be the sum of the total outputs for the soil areas. In the absence of on-site soil borings, the soil type shall be determined by utilizing the Burlington County Soil Survey mapping. If there is a discrepancy between on-site soil boring results and the Burlington County Soil Survey mapping, the results of at least 3 soil borings in the area of discrepancy shall be considered the correct input for the formula variable. Where multiple soil types are present, volumetric recharge shall be computed for each soil type and respective area and summed to determine total annual recharge volume. The NJDEP recharge model excludes hydric soils, wetlands, and waterways. When the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric soil or wetland may be substituted in the model.
|
|||||
|
(3)
|
Acreage: Size of parcel. See paragraph (d) below.
|
|||||
|
(4)
|
Township: Southampton code 126.
|
|||||
|
(d)
|
RECHARGE AREAS. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size. For isolated wetlands, when the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric, soil or wetland may be substituted in the model.
|
|||||
f.
General requirements.
1.
Any principal building may contain more than one use and/or organization provided that the total floor area ratio of the combined activities does not exceed the maximum floor area ratio specified for the district. Any lot may contain more than one principal building provided that the minimum lot size is at least five acres for the first additional building. Each additional building requires at least two acres. Bulk requirements shall apply for the aggregate lot size of the Industrial Park Complex.
2.
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
3.
Unless otherwise specifically approved by the Board, no merchandise, products, equipment or similar material or objects shall be displayed or stored outside and all solid waste not stored within a building shall be stored within an enclosed container.
Uses which require the permanent outside display of merchandise for sale and/or storage, including garden centers, lumberyards, dealerships, boat sales, home improvement centers, fence sales, swimming pool sales, greenhouse dealers, and similar uses, must have a permanent sales or operations building and a site plan approval pursuant to § 12-10 of this chapter.
4.
Occasional outside displays of seasonal products or merchandise sale shall be permitted where it is impractical due to the size or nature of the seasonal product or merchandise within the permanent enclosed building; however, said occasional outside displays of seasonal products or merchandise shall be conducted only by the owner or tenant of the building and the regular employees of said business or use, and the products or merchandise shall be reasonably related to the primary business or use at the site.
5.
At least 80% of the parking area adjacent to any street line or lot line shall be obscured by buildings, landscape berms, natural ground elevations and plantings, or adequate existing vegetation.
6.
All areas between the parking area and the building shall be landscaped with trees, shrubs, and ground cover.
7.
A minimum of 15 feet of the front closest to the right-of-way shall be suitably landscaped.
8.
Entrances and exits upon a public street or road shall not be located within 100 feet of any street intersection, the distance to be measured from the intersection of the right-of-way lines at the corner of affected and the closest point of such proposed driveway. No entrance or exit, at the curbline only, shall be closer than 12 feet from a side lot line provided it is not a shared drive access. Entrance and exit sizes, locations and construction shall also be in accordance with requirements of the governmental agency having jurisdiction over the facility upon which the permitted use has frontage.
9.
A list of all chemicals to be used in any processes shall be submitted with the application for development.
10.
Uses that have the potential for introducing automotive pollutants such as, but not limited to service stations and repair garages, new and used auto, mobile home and recreation vehicle sales shall be required to have impermeable parking surfaces with collection devices that are properly serviced to prevent vehicle fluids from entering the aquifer or surface water.
11.
Uses that use a large volume of ground water (that which is in excess of the normal flow values associated with the proposed use as contained in N.J.A.C. 7:9A-7.4, as amended) shall return the excess water to the same aquifer from which it was extracted and with the same chemical composition. Additional chemicals shall not be added to the return water supply and the pH shall not be altered.
[Amended by Ord. No. 2003-2]
a.
Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the township, residential development in this zone has been determined to be more desirable than in other areas.
b.
Permitted uses. Those permitted in the AR district subject to the requirements in Subsection 12-3.9d below.
1.
Single-family detached dwelling units with on-site septic and accessory uses conforming to applicable zoning requirements (e.g. swimming pools and tennis courts).
2.
Farm operations and accessory uses.
3.
Processing of farm products.
4.
Animal hospitals and kennels.
5.
Facilities for the warehousing, sales, repair, and service of agricultural equipment, vehicles, feed or supplies.
6.
Riding schools or horse boarding stable.
7.
Greenhouses and nurseries.
8.
Public buildings including firehouses.
9.
Public recreation facilities, except for such facilities as are designated as a conditional use pursuant to Subsection 12-4.7.
10.
Educational facilities.
11.
Churches and accessory uses.
12.
Professional offices.
13.
Home occupations.
c.
Accessory uses.
1.
Private residential swimming pools and other recreational facilities associated with residential dwelling units.
2.
Fences and walls.
3.
Off-street parking, private residential garages and carports.
4.
Farm markets for commercial farm operations conforming to the Right to Farm Act, N.J.S.A. 4:1 C-1 provided the following criteria are met:
d.
Development criteria - nonserviced residential.
[Amended 12-15-2020 by Ord. No. 2020-08]
|
1.
|
Lot density:
|
2.0 acres/d.u.
|
||||||
|
2.
|
Lot area:
|
|||||||
|
Standard:
|
2.0 acres minimum
|
|||||||
|
Cluster:
|
1.0 acre minimum provided gross density of 2.0 acres/d.u. is maintained
|
|||||||
|
3.
|
Lot frontage:
|
|||||||
|
Standard:
|
100 feet minimum
|
|||||||
|
Cluster:
|
75 feet minimum
|
|||||||
|
4.
|
Side yard:
|
|||||||
|
Standard:
|
60 feet minimum (agg.)
30 feet minimum for each
|
|||||||
|
Cluster:
|
40 feet minimum (agg.)
20 feet minimum for each
|
|||||||
|
5.
|
Front yard:
|
|||||||
|
Standard:
|
100 feet minimum
|
|||||||
|
Cluster:
|
30 feet minimum;
50 feet maximum
|
|||||||
|
6.
|
Rear yard:
|
|||||||
|
Standard:
|
50 feet minimum
|
|||||||
|
Cluster:
|
50 feet minimum
|
|||||||
|
7.
|
(Reserved)
|
|||||||
|
8.
|
Principal building coverage:
|
10% maximum
|
||||||
|
9.
|
Accessory building coverage:
|
1.5% maximum
|
||||||
|
10.
|
Impervious coverage:
|
|||||||
|
Total lot coverage:
|
20% maximum
|
|||||||
|
11.
|
The minimum cluster lot area (43,560 square feet) shall apply only to those lots located on soils that have a percolation rate of 30 minutes per inch or more and depth to ground water of 6 feet or more.
|
|||||||
|
12.
|
The lot area requirement for a cluster lot shall increase in addition to the minimum in Subsection 12-3.10e,2. The minimum lot area for a cluster lot that does not meet the criteria in Subsection 12-3.5e,11 will be based on the calculation in the sections below.
|
|||||||
|
13.
|
The lot area requirement for a standard lot shall increase in addition to the minimum in Subsection 12-3.9e only if the resultant lot size calculated from the formula below is greater than the minimum lot size for a standard lot (87,120 square feet).
|
|||||||
|
14.
|
For those lots that do not meet the criteria in Subsection 12-3.53e (11 and 13), the lot area requirements shall be based upon the following calculation:
|
|||||||
|
Total lot area =
|
||||||||
|
43,560 sf + (43,560 sf x ((Perc. Rate (min/inch) - 30 min/inch)/30 min/inch) + (43,560 sf x (6 feet - Actual depth to G.W.)/2 ft)
|
||||||||
|
For example: 40 minutes percolation rate 4.5 feet depth to SHWT
|
||||||||
|
Total lot area =
|
||||||||
|
43,560 sf +
|
[40 min/in -
|
30 min/in
30 min/in
|
+
|
6'-4.5']
2'
|
x 43,560 sf
|
|||
|
=43,560 + (43,560 sfx (10/30)) + (43,560 sf x (1.5 ft/2 ft))
|
||||||||
|
=43,560 sf + 14,520 sf + 32,670 sf
|
||||||||
|
=90,750 sf or 2.08 acres
|
||||||||
|
15.
|
In the absence of any testing the following shall apply based on map classifications:
|
||||||
|
Slight
|
Moderate
|
Severe
|
|||||
|
Natural drainage limitations
|
30 minutes
|
40 minutes
|
60+ minutes
|
||||
|
Limitations for septic effluent disposal
|
6 feet
|
3 feet
|
1 foot
|
||||
|
16.
|
All State Standards, specifically NJDEP Standards for the Construction of Individual Subsurface Sewage, as amended, shall apply.
|
||||||
|
17.
|
Minimum distance from any component of the disposal system to a property line or where applicable, the public right-of-way shall be 50 feet.
|
||||||
|
18.
|
Any development of 25 acres or more, which is immediately adjacent to an active agricultural operation, shall include a buffer area along the common property line, which shall consist of the requirement in Subsection 12-5.2. This buffer shall be included on the building lots.
|
||||||
|
19.
|
In order to limit nitrate and related pollutant buildup in ground water caused by septic systems, the use of a nitrate dilution model is required in development of lots. See Subsection 12-4.22 for background information and related definitions. The ground water nitrate concentrations for these developments shall be constrained by the potential for nitrate pollution of the aquifer as quantified by the pertinent Nitrate Dilution model using the parameters as defined below.
|
||||||
|
Minimum lot size shall be determined by the application of the equation listed above under Subsection 12-3.5f, 14 or the application the residential carrying capacity model as provided by the New Jersey Department of Environmental Protection (NJDEP) utilizing the variables provided below. The minimum lot size required for this zoning district shall be the greater lot size calculated by the two above referenced models. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size.
|
|||||||
|
(a)
|
Carrying-capacity formula variables:
|
||||||
|
(1)
|
Population density: The population density shall be based on demographic information from the American Housing Survey, Bureau of the Census, which provides the average household size for the northeast region according to the number of bedrooms proposed per dwelling unit.
|
||||||
|
(2)
|
N03 TARGET: 3mg/l.
|
||||||
|
(3)
|
Soil type: Dependent on parcel location. If more than one soil type exists on the parcel, the resultant lot size shall be the sum of the model outputs for each soil type divided by the percentage of area the soil type covers on the parcel. In the absence of on-site soil samples, the soil type shall be determined by utilizing the Burlington County Soil Survey mapping, If there is a discrepancy between on-site soil boring results and the Burlington County Soil Survey mapping, the results of at least 3 soil samples in the area of discrepancy shall be considered the correct input for the formula variable. The NJDEP recharge model excludes hydric soils, wetlands, and waterways. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size. For isolated wetlands, when the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric soil or wetland may be substituted in the model.
|
||||||
|
(4)
|
Municipality: Southampton Township.
|
||||||
e.
Development criteria: Agricultural Buildings and/or Structures (Other than Farm Dwellings).
1.
Building setback: Front facade of the primary residential building.
2.
Side yard: 50 feet minimum.
3.
Rear yard: 50 feet minimum.
4.
Special setback requirements: Except as provided for in the following paragraph, no new slaughter area, area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock, or any building housing livestock shall be permitted adjacent to any land zoned for residential purposes or containing residential uses without the implementation of a 50 feet buffer area per Subsection 12-5.2. The buffer shall be adequate to protect and maintain public health.
a.
Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of land and deal wisely with their constraints, it has been determined that any residential development that occurs should be encouraged in this area. The goal is to direct development in a pattern that is compatible with and respects the land and provides an opportunity for affordable housing and care facilities to residents of the Township and region.
b.
d.
Accessory uses.
1.
Private swimming pools.
2.
Tennis courts and similar recreational facilities incidental to the residential use.
3.
Private residential tool sheds and storage buildings shall be limited to 48 square feet and a minimum setback of three feet from any property line, except for major roads. Setbacks from major roads shall be 1/3 of the lot depth or lot width. Accessory uses shall be architecturally compatible with the principle structure.
e.
Development criteria - single-family dwellings.
|
1.
|
Lot area:
|
6,000 square feet minimum
7,200 square feet maximum
|
|
|
2.
|
Lot depth:
|
100 feet minimum
|
|
|
3.
|
Lot frontage:
|
60 feet
|
|
|
4.
|
Side yard:
|
5 feet each
12 feet aggregate
|
|
|
5.
|
Front yard:
|
15 feet minimum
25 feet maximum
|
|
|
6.
|
Rear yard:
|
35 feet
|
|
|
7.
|
Build-to line
|
20 feet with a 5-foot variation
|
|
|
8.
|
Building coverage:
|
40% maximum
|
|
|
9.
|
Impervious coverage:
|
60% maximum
|
f.
Development criteria - townhouse dwellings.
|
1.
|
Lot area:
|
2,300 square feet minimum
|
|
|
2.
|
Lot frontage:
|
23 feet
|
|
|
3.
|
Lot depth:
|
100 feet
|
|
|
4.
|
Side yard:
|
(0 feet) interior lots
5-foot end lots
|
|
|
5.
|
Front yard:
|
5 feet minimum
9 feet maximum
|
|
|
6.
|
Rear yard:
|
45 feet
|
|
|
7.
|
Build-to line:
|
7 feet with a 2-foot variation
|
|
|
8.
|
Building coverage:
|
70% maximum
|
|
|
9.
|
Impervious coverage:
|
80% maximum
|
g.
Maximum building height. Single-family detached dwellings and townhouse dwellings shall be a minimum of 2 1/2 stories but not to exceed 3 1/2 stories in height.
h.
Maximum and minimum number of dwelling units permitted. The maximum number and minimum number of dwelling units permitted within the RR1 district shall be computed on the basis of six dwelling units per gross acre. The number of dwelling units permitted in the RR1 district shall be 340 units with the low and moderate income dwelling unit proportion of 68 dwelling units.
j.
Low and moderate income housing requirements.
1.
At least 20% of the total number of residential units within the RR1 district shall be subsidized or otherwise made affordable to low and moderate income households as defined in Subsection 12-4.12. This portion of the development's housing stock shall equal, at a minimum, 68 units of low and moderate income units pursuant to the Council on Affordable Housing (COAH) requirements. The low and moderate income housing requirement may be achieved through the production of 68 fee simple units.
a.
Purpose. The purpose of the Town Center district is to protect the integrity of the existing cultural environment within this district. The following regulations are intended to protect the architectural, historic, and use characteristics of the town center.
b.
Permitted uses.
[Amended 11-17-2020 by Ord. No. 2020-09]
1.
Detached single-family dwellings.
2.
Attached two-family dwellings.
3.
Retail commercial establishments.
4.
Educational facilities.
5.
Personal and professional service establishments and offices.
6.
Public and semi-public recreation facilities and open space.
7.
Restaurants.
8.
Mixed uses of any of the above.
c.
Conditional Uses.
1.
Apartment dwellings.
(a)
The number of apartment dwellings shall not exceed two per dwelling.
(b)
Each apartment shall have a separate water and sewer connection.
(c)
All apartment dwellings shall be located on the second and/or third floor of a structure that will include a commercial or office use on the first floor.
(d)
Each apartment shall be a minimum of 650 square feet in area.
2.
Home occupation as per Subsection 12-4.14 and the following conditions:
(a)
A resident of the property conducts the occupation where the business is located.
(b)
There is no outward appearance of the business on the property, excluding the signage provisions of Subsection 12-5.15, and the occupation does not involve retail sales on the property.
(c)
There shall be no alteration of any buildings used for the home occupation in such a way that renders the structures unusable or incompatible with any uses normally permitted on the property.
(d)
Equipment used in the home occupation shall not interfere either visibly or audibly with the reception of radio or video equipment used by adjoining neighbors or cause substantial fluctuations in the line voltage outside of the home occupation.
(e)
The home occupation shall not exceed 1,000 square feet, or 25% of the total habitable square footage of the dwelling exclusive of any basement.
(f)
A day care provider that cares for five or less children, excluding the day care provider's own children, less than five years old is not subject to regulation within this section. If the provider is caring for children that do not meet the aforementioned requirements, all regulations within this chapter shall apply.
d.
Accessory uses.
1.
Garages, which shall be no larger than 1,260 square feet and may be either attached, detached, or a property may have one of each, provided the impervious coverage maximum is not exceeded. Garages shall not be converted to living quarters.
[Amended 11-17-2020 by Ord. No. 2020-11]
2.
Tool sheds and outside storage sheds shall be limited to a maximum of 1% of the total lot area and be setback a minimum of three feet from any property line except at major roads. Setbacks from major roads shall be 1/3 of the lot depth or lot width. Accessory uses shall be architecturally compatible with the principle structure.
3.
Private residential swimming pools.
e.
Development criteria - single-family dwellings.
|
1.
|
Lot area:
|
12,000 square feet minimum
|
|
|
2.
|
Lot depth:
|
150 feet minimum
|
|
|
3.
|
Lot frontage:
|
80 feet minimum; 100 feet maximum
|
|
|
4.
|
Side yard:
|
6 feet minimum
|
|
|
5.
|
Front yard:
|
10 feet minimum
|
|
|
6.
|
Rear yard:
|
40 feet minimum
|
|
|
7.
|
Build-to line:
|
10 feet with a 5-foot variation
|
|
|
8.
|
Building coverage:
|
25% maximum
|
|
|
9.
|
Impervious coverage:
|
50% maximum
|
|
|
10.
|
Parking:
|
If on-site parking is provided by an enclosed garage then it shall be located in the rear yard with access from a lane or an enclosed garage accessed from the front street or from a side yard driveway. If the garage is accessed from a side street, the front facade of the garage shall be set back at least 10 feet from the side yard building line. The driveway shall not be closer than 3 feet to the side yard property line. A shared driveway may be implemented as an alternative with a maximum 12-foot width and a minimum 3-foot wide planting strip between the dwelling and driveway.
|
f.
Development criteria: attached two-family dwellings.
|
1.
|
Lot area:
|
4,000 square feet minimum
|
|
|
2.
|
Lot depth:
|
100 feet
|
|
|
3.
|
Lot frontage:
|
40 feet
|
|
|
4.
|
Side yard:
|
7.5 feet each
|
|
|
5.
|
Front yard:
|
10 feet minimum
|
|
|
6.
|
Rear yard:
|
35 feet
|
|
|
7.
|
Build-to line:
|
10 feet with a 5-foot variation
|
|
|
8.
|
Building coverage:
|
50% maximum
|
|
|
9.
|
Impervious coverage:
|
70% maximum
|
|
|
10.
|
Parking:
|
If on-site parking is provided by an enclosed garage then it shall be located in the rear yard with access from a lane or an enclosed garage accessed from the front street from a side yard driveway. If the garage is accessed from a side street, the front facade of the garage shall be set back at least 10 feet from the side yard building line. The driveway shall not be closer than 3 feet to the side yard property line. A shared driveway may be implemented as an alternative with a maximum 12-foot width and a minimum 3-foot wide planting strip between the dwelling and driveway.
|
g.
General regulations: single-family, two-family dwellings.
|
1.
|
Building height:
|
2 1/2-story minimum
3 1/2-story maximum
|
|
|
2.
|
All dwellings shall be constructed 2 feet above the ground level.
|
||
|
3.
|
All porches, except for porches that are replaced within the same footprint, shall be at least 6 feet deep and 10 feet in length.
|
||
h.
Development criteria: retail/commercial and services.
|
1.
|
Building height:
|
2 stories minimum
3 1/2 stories maximum
|
|
|
2.
|
Front yard:
|
0 feet minimum
5 feet maximum
|
|
|
3.
|
Rear yard:
|
10 feet minimum from building to curblines or rear parking lot/alley
|
|
|
4.
|
Side yard:
|
0 feet minimum
15 feet maximum with alley for rear yard parking access
|
|
|
5.
|
Build-to line:
|
0 feet
|
i.
General regulations: retail/commercial and services.
1.
The maximum lot coverage shall be 60%, plus an additional 10% for amenity items such as courts, plazas, and landscaping and similar design features.
2.
The buildings shall have commercial use on the ground floor, and may have residential or commercial, or a combination of both on the second, third or dormer floor, if provided.
3.
On corner lots the lot width shall be a minimum of 32 feet.
4.
On corner or interior lots, one story porches, entrance hoods, one or two story bays, greenhouses, stoops, awnings, canopies and roof overhangs are permitted in the front yard.
5.
Permitted encroachments include awnings that do not extend more than five feet from the facade, balconies for housing on second floor not to extend more than five feet from the facade, towers on all corner buildings with specific approval from the Planning Board or Zoning Board.
6.
On corner lots, the permitted encroachments in the side yard facing the street shall be the same as the front yard.
7.
If residential units are provided, parking for the residential units shall be provided on-site. The depth of any on-site parking area shall not be greater than 25% of the lot depth, and shall be located at the rear of the site.
8.
Housing above retail or service establishment must be a minimum of 650 square feet in area. A separate residential entrance must be provided.
9.
The total floor area for all nonresidential uses within a structure shall not be more than 3,000 square feet.
j.
General regulations.
2.
The minimum front yard setback shall be increased if the buildings located within 200 feet and in the same block frontage are all set back a distance greater than 10 feet, and in this situation the front yard setback shall be no closer to the street than the building within this two-hundred-foot distance which is closest to the street line.
3.
Similarly, the front yard setback may be decreased to less than 10 feet if the prevailing setback of existing buildings within 200 feet in the same block frontage is less than 10 feet, and in this situation the front yard setback shall be considered to be the average of the existing setbacks within this two-hundred-foot distance.
[Amended by Ord. No. 2004-5]
a.
Purpose. The purpose of the Town Center Extension district is to enhance and strengthen the character of the rural town center and its surrounding green belt. The intent of this chapter is to provide guidelines for the extension of an existing town center by applying traditional design patterns, which have made rural farming centers desirable places to live. The extension district will be a combination of residential uses with diversified housing types, sizes, and costs and a mixed use/commercial central core. The goal is to direct development in a pattern that is compatible with the existing town center, encourage more efficient use of land and public services and provide an opportunity for affordable housing and care facilities to residents of the Township and region.
b.
Permitted uses.
1.
Residential uses. The maximum and minimum number of dwelling units permitted within the TCI zone shall be computed on the basis of eight dwelling units per gross acre. Gross residential density shall be eight dwellings per acre, which shall be computed using the entire or total tract acreage, inclusive of acreage used for nonresidential development. A variance from this density requirement will be considered, as long as the total number of low and moderate income dwelling units provided in the TCI zone is not less than 37 units.
(a)
Detached single-family dwellings, provided at a minimum of 20% of all housing types.
(b)
Townhouses, duplexes and triplexes, provided at a minimum of 20% of all housing types, but the total of such units shall not exceed 60% of all housing types.
(c)
Apartment dwellings provided that the total of such units should not exceed 40% of all housing types.
2.
Public and semi-public recreation facilities and open space.
c.
Conditional uses.
1.
Home occupation as per Subsection 12-4.14 and the following conditions:
(a)
A resident of the property conducts the occupation where the business is located.
(b)
There is no outward appearance of the business on the property, excluding the signage provisions of Subsection 12-5.15, and the occupation does not involve retail sales on the property.
(c)
There shall be no alteration of any buildings used for the home occupation in such a way that renders the structures unusable or incompatible with any uses normally permitted on the property.
(d)
Equipment used in the home occupation shall not interfere either visibly or audibly with the reception of radio or video equipment used by adjoining neighbors or cause substantial fluctuations in the line voltage outside of the home occupation.
(e)
The home office shall not exceed 1,000 square feet, or 25% of the total habitable square footage of the dwelling exclusive of any basement.
(f)
A day care provider that cares for five or less children, excluding the day care provider's own children, less than five years old is not subject to regulation within this section. If the provider is caring for children that do not meet the aforementioned requirements, all regulations within this chapter shall apply.
2.
Commercial/mixed uses limited to the list below, provided that the non- residential uses shall occupy not less than 5% and not more than 15% of the total area with the stipulation that all of the 37 low and moderate income dwellings are constructed prior to approval or proposed as part of the commercial/mixed use application. The commercial component of the Town Center Extension district shall be completed prior to the commencement of construction of the final 25% of the dwellings in the development. If build-out of this district is phased, then the minimum amount of commercial use shall be in proportion to the number of residential units constructed during that phase, for the purposes of calculating the percentage of commercial that must be completed.
3.
Assisted living care facility provided the following conditions are met:
(a)
The structure shall have frontage on a street that is a part of the proposed grid system extension.
(b)
The permitted conditional use shall be subject to all parking for this facility to be located to the side and rear of the building(s), although an entrance from the frontage street is allowed.
(c)
An assisted care facility constructed on the site shall have no more than 120 beds/rooms.
d.
Accessory uses.
1.
Garages, which shall be no larger than 1,260 square feet and may be either attached, detached, or a property may have one of each, provided the impervious coverage maximum is not exceeded. Garages shall not be converted to any other use.
[Amended 11-17-2020 by Ord. No. 2020-11]
2.
Tool sheds and outside storage sheds shall be limited to 48 square feet and be set back a minimum of three feet from any property line except at major roads. Setbacks from major roads shall be 1/3 of the lot depth or lot width. Accessory uses shall be architecturally compatible with the principle structure.
3.
Any uses to be applied to the site shall have setbacks designated and architectural features consistent with the Town Center Extension zone district and shall be subject to review and approval by the Town Center Subcommittee.
4.
Studio room defined as a guest room or home/office separated from the primary dwelling unit on a given lot, usually located as a second floor to a detached garage, provided same does not have kitchen facilities or shower or bathtub facilities.
e.
Development criteria - single-family dwellings.
| 1. | Lot area: | 6,000 square feet minimum | |
| 2. | Lot depth: | 100 feet | |
| 3. | Lot frontage: | 60 feet | |
| 4. | Side yard: | 12 feet aggregate (5 feet each) | |
| 5. | Front yard: | 15 feet minimum 25 feet maximum | |
| 6. | Rear yard: | 35 feet | |
| 7. | Build-to line: | 20 feet with a 5-foot variation | |
| 8. | Building coverage: | 40% | |
| 9. | Impervious coverage: | 60% | |
| 10. | Parking: | On-site parking shall be provided by an enclosed garage and located in the rear yard with access from a lane or an enclosed garage accessed from the front street or from a side yard driveway. If the garage is accessed from a side street, the front facade of the garage shall be set back at least 10 feet from the side yard building line. The driveway shall not be closer than 3 feet to the side yard property line. A shared driveway may be implemented as an alternative with a maximum 12-foot width and a minimum 3-foot wide planting strip between the dwelling and driveway. |
f.
Development criteria: duplex and triplex dwellings.
| 1. | Lot area: | 3,500 square feet minimum | |
| 2. | Lot frontage: | 35 feet | |
| 3. | Lot depth: | 100 feet | |
| 4. | Side yard: | 7.5 feet each | |
| 5. | Front yard: | 15 feet minimum 25 feet maximum | |
| 6. | Rear yard: | 35 feet | |
| 7. | Build-to line: | 20 feet with a 5-foot variation | |
| 8. | Building coverage: | 50% maximum | |
| 9. | Impervious coverage: | 70% maximum | |
| 10. | Parking: | On-site parking shall be provided by an enclosed garage and located in the rear yard with access from a lane or an enclosed garage accessed from the front street from a side yard driveway. If the garage is accessed from a side street, the front facade of the garage shall be set back at least 10 feet from the side yard building line. The driveway shall not be closer than 3 feet to the side yard property line. A shared driveway may be implemented as an alternative with a maximum 12-foot width and a minimum 3-foot wide planting strip between the dwelling and driveway. |
g.
Development criteria: townhouse dwellings.
| 1. | Lot area: | 2,300 square feet minimum | |
| 2. | Lot frontage: | 23 feet | |
| 3. | Lot depth: | 100 feet | |
| 4. | Side yard: | Interior lots (0 feet) End lots - 5 feet | |
| 5. | Front yard: | 5 feet minimum 9 feet maximum | |
| 6. | Rear yard: | 45 feet | |
| 7. | Build-to line: | 7 feet with a 2-foot variation | |
| 8. | Building coverage: | 70% | |
| 9. | Impervious coverage: | 80% | |
| 10. | Parking: | A garage or parking pad in the rear yard shall provide on-site parking with access from the lane. Garages shall be setback 3 feet from the side lot line and 5 feet from the rear lot line. Overflow and guest parking shall be accommodated on the street. |
h.
General regulations: single-family, duplex, triplex, townhouse dwellings.
| 1. | Lot density: | 8 d.u./acre with a 20% set aside for affordable dwellings per Subsection 12-4.12. The maximum and minimum number of units permitted shall be 186 with 37 units devoted to low and moderate income dwellings. | |
| 2. | Building height: | 2 1/2 story minimum 3 1/2 story maximum | |
| 3. | All dwellings shall be constructed 2 feet above the ground level. | ||
| 4. | All porches shall be at least 6 feet deep. | ||
i.
Development criteria: apartment dwellings.
| 1. | Lot frontage: | Building shall be continuous along street frontage with architectural facades modulated every 18 to 36 feet. | |
| 2. | Lot depth: | 140 feet | |
| 3. | Side yard: | 0 feet Interior apartment 30 feet between end elevations for vehicular access | |
| 4. | Front yard: | 10 feet minimum 15 feet maximum | |
| 5. | Rear yard: | 32 feet minimum | |
| 6. | Building coverage: | 70% maximum | |
| 7. | Impervious coverage: | 80% maximum | |
| 8. | Parking: | On-site parking shall be provided to the rear of the building by means of an open or closed structure. Open parking shall require landscape edging and 1 tree per 4 cars. Overflow and guest parking shall be accommodated on the street. | |
| 9. | Building height: | 2 story minimum - with pitched roof 3 story maximum - with a variation of a mansard or flat roof parapet. | |
| 10. | Lot density: | 10 d.u./acre with a 15% set aside for low and moderate income housing per Subsection 12-4.12. |
j.
Development criteria: Mixed Use/Commercial.
| 1. | Building depth: | 36 feet minimum 80 feet maximum | |
| 2. | Building bay spacing: | 20 feet minimum 36 feet maximum | |
| 3. | Building height: | 2 stories minimum 3 1/2 stories maximum | |
| 4. | Lot depth: | 54 feet minimum 90 feet maximum | |
| 5. | Lot width: | 24 feet minimum (1 bay) Entire building (maximum) | |
| 6. | Front yard: | 0 feet minimum 5 feet maximum | |
| 7. | Rear yard: | 10 feet minimum from building to curb lines or rear parking lot/alley | |
| 8. | Side yard: | 0 feet minimum 15 feet maximum with alley for rear yard parking access | |
| 9. | Build-to line: | 0 feet |
k.
General regulations: Mixed Use/Commercial.
1.
The maximum lot coverage shall be 60%, plus an additional 10% for amenity items such as courts, plazas, and landscaping and similar design features.
2.
The buildings shall have commercial use on the ground floor, and may have residential or commercial, or a combination of both on the second, third or dormer floor, if provided.
3.
On corner lots the lot width shall be a minimum of 32 feet.
4.
All facades shall be articulated so as to appear as multiple buildings if their width is greater than 25% of the length of the commercial/mixed use block.
5.
On corner or interior lots, one story porches, entrance hoods, one or two story bays, greenhouses, stoops, awnings, canopies and roof overhangs are permitted in the front yard.
6.
Permitted encroachments include awnings that do not extend more than five feet from the facade, balconies for housing on second floor not to extend more than five feet from the facade, towers on all corner buildings with specific approval from the Planning Board or Zoning Board.
7.
On corner lots, the permitted encroachments in the side yard facing the street shall be the same as the front yard.
8.
If residential units are provided, parking for the residential units shall be provided within a one-hundred-foot radius of the lot. The depth of any on-site parking area shall not be greater than 25% of the lot depth, and shall be located at the rear of the site.
9.
Housing above retail or service establishment must be a minimum of 650 square feet in area. A separate residential entrance must be provided.
10.
The minimum floor area for all nonresidential structures shall be not more than 30,000 square feet.
l.
Low and moderate income housing requirements.
1.
A maximum and minimum of 37 residential units within the TC1 district shall be subsidized or otherwise made affordable to low and moderate income households as defined in Subsection 12-4.12. This portion of the development's housing stock shall equal, at a minimum, 37 units of low and moderate income housing pursuant to the Council on Affordable Housing (COAH) requirements. The low and moderate income housing requirement may be achieved through the production of 37 fee simple units.
2.
There shall be a temporary overlay rental option applicable in the TCI district. During the period that the overlay is in effect, a developer may satisfy the low and moderate income housing requirement by producing a combination of fee simple and rental units, provided that the number of units result in a yield equivalent to 37 low and moderate income units. To the extent rental units are provided, the portion of the tract specifically devoted to rental units may be developed at a density of 10 dwelling units per acre with a 15% (maximum) set aside.
3.
The temporary overlay rental option shall automatically expire as of the date that any developer files with the Planning Board or Zoning Board of Adjustment, as the case may be, an application for development of any affordable housing site with Southampton Township that includes a sufficient number of low and moderate income rental units to complete Southampton Township's rental obligation of five units.
a.
Purpose. In order to control the development of commercial areas near the developed areas following under the requirements of the Village Residential district so that these areas may be compatible, this district is created.
b.
Intent. It is the intent of these regulations to encourage the development of unified, attractive pedestrian oriented shopping areas designed to complement the existing architectural ambiance of the Village Residential district. It is further the intent to discourage "strip commercial" development in this area.
d.
Development criteria: shopping center.
1.
Minimum lot area shall be 15 acres;
2.
Maximum floor area ratio shall be 0.15 to be reduced to 0.12 as noted in Subsection 12-3.6e,20.
3.
Maximum paving cover shall be 30%.
4.
No more than 35% of the total linear footage of the front facade of structures shall face a public right-of-way.
5.
No more than 65% of the lot frontage shall have parking area or appurtenances adjacent or abutting or more than 65% of the total parking area and appurtenances shall abut or be adjacent to the public right-of-way.
6.
All of the requirements of Subsection 12-3.6e not in conflict with the above shall apply.
7.
The project shall be designed and approved as a single development in accordance with a unified site plan and architectural scheme, and a market study shall accompany the application indicating the need for the facility.
[1]
Editor's Note: Former Subsection 12-3.14, Scenic Corridor Overlay District, as amended, was repealed 2-16-2021 by Ord. No. 2021-05.
[Amended by Ord. No. 2004-14; Ord. No. 2010-3]
a.
Accessory buildings as part of principal buildings. Porches and raised decks and accessory structures attached to the principal structure shall be considered part of the principal structure and the total structure shall adhere to the yard requirements for the principal building.
b.
Location of Accessory Structures and Development Standards for Accessory Structures.
1.
Front yard: All accessory buildings or structures must be located behind the foot print of the existing dwelling.
2.
Side yard: six-foot minimum.
3.
Rear yard: twenty-five-foot minimum.
|
Accessory structures shall include detached garage, sheds, pole barns, carports, swimming pools, tennis courts, and other accessory structures not attached to the principal building.
|
|
|
Town Center (TC) and Planned Retirement Community (PRC) are excluded since those districts have their own development standards for accessory structures.
|
c.
Garages, carports and commercial vehicles in residential districts. Garages and carports for not more than three vehicles may be constructed on a single lot. Garages shall be no larger than 1,260 square feet and may be either attached, detached, or a property may have one of each, provided the impervious coverage maximum is not exceeded. The garaging, storing or parking of commercial vehicles on any properties, private roads or public streets in all residential districts is prohibited; provided, however, that nothing herein shall prohibit the parking of a commercial vehicle for such reasonable time as may be required in the normal course of pickup and delivery service. Owners, lessees, occupants and other persons responsible for or knowingly permitting violation of this section shall be guilty of such violation as will the owner or user of any vehicle so parked, garaged or stored. Vehicles designed and used for agricultural purposes are exempted from these requirements. Not more than one commercial registered or unregistered trailer, mobile home or vehicle owned or used by the resident, which vehicle must be less than 3/4 ton, shall be permitted in a residential zone, provided the vehicle is located in the rear yard and has adequate buffering pursuant to the requirements of Subsection 12-5.2. In no event shall any vehicle be stored or parked in such a way that any portion of the vehicle is within six feet of either the front, rear or side setback line. Since this provision also applies to Leisuretowne and the Planned Retirement Community (PRC) Zone, in that zone no residential vehicle shall be stored or parked temporarily or permanently so that any part of the vehicle extends beyond any building footprint line. This provision shall not be deemed to limit the number of commercial cars or trucks used in conjunction with a permitted agricultural use. A garage shall not be used for commercial purposes in residential districts.
[Amended 11-17-2020 by Ord. No. 2020-11]
d.
Satellite dish antennas.
1.
For purposes hereof, a satellite dish antenna is defined in Subsection 12-2.3 of this chapter, and includes but is not limited to such structures commonly known as home video earth stations, satellite dishes or satellite earth stations.
2.
Satellite dish antennas are hereby permitted only as an accessory use to an otherwise permitted use in the Township, subject to the following conditions:
(a)
Maximum number of satellite dish antennas per lot shall be one and the maximum height shall be 12 feet.
(b)
Any satellite dish antenna shall be ground mounted, except for dishes less than one meter in diameter, which may be roof mounted.
(c)
Minimum setback from all property lines shall be the same as for other accessory buildings and structures.
(d)
Each satellite dish antenna shall be screened from view such that the dish shall not be visible from any street or adjoining or adjacent property at ground level.
(e)
There shall be one satellite dish antenna permitted for each apartment complex, townhouse complex, shopping center or other multi- family or multi-tenant residential or nonresidential property or complex. In the case of such property or complex, the one permitted satellite dish antenna may be placed in any common area or association property, subject to the other provisions of this chapter.
e.
Storage containers. In those zoning districts which permit storage containers as accessory uses, the same may exist in conformance with the following conditions:
1.
Definition: As used in this section a storage container is defined to include any container greater in dimension than three feet in length by three feet in width by three feet in height rented or owned by or for use by the property owner for storage of business or commercial items. Storage containers include, but are not limited to, sea boxes, bulk storage containers, portable on-demand storage containers, store-to-door mobile transportation storage containers, roll-off containers or other such similar containers.
2.
Quantity: One storage container for the first five acres and an additional container for each five acres. For example, a six acre property may request two containers.
3.
Maximum size: Ten feet in width, 30 feet in length, 10 feet in height.
4.
Front yard: All accessory buildings or structures must be located behind the foot print of the existing building.
5.
Side yard: Six-foot minimum setback.
6.
Rear yard: Twenty-five-foot minimum setback.
7.
Buffering: Storage container shall be buffered by evergreen plantings on three-foot intervals on each side of any container that parallels another property line to reduce visual blight to adjacent properties.
8.
Markings: The storage container shall be plain in color and not contain any advertising or markings intended to display a commercial message.
a.
Purpose. The purpose of this chapter subsection is to comply with the regulations contained in N.J.A.C. 16:62 and promulgated by the New Jersey Department of Transportation under authority of the "Air Safety and Zoning Act of 1983," P.L. 1983, c.260.
b. AIRPORT AIRPORT HAZARD AIRPORT SAFETY AREA CLEAR ZONES COMMISSIONER DEPARTMENT DIRECTOR DIVISION RUNWAY END SUBZONE RUNWAY SAFETY AREA RUNWAY SUBZONE TAXIWAY THRESHOLD
Definitions.
Any area of land or water, or both designed and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized by the public for such purposes, publicly or privately owned, and licensed by the Commissioner as a public use airport or landing strip, or a proposed facility for which an application for a license has been submitted in complete form pursuant to N.J.A.C. 16:54-1.4 and which has been determined by the Commissioner as likely to be so licensed within one year of such determination. "Airport" shall not mean any facility which is owned and operated by a Federal or military authority.
Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport; or, any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.
An Airport Safety Area shall be established for each runway at an airport and shall consist of a Runway Subzone, two Runway End Subzones and two Clear Zones. The overall Airport Safety Area for an airport is geometrically constructed by defining and locating the Runway Subzone and Runway End Subzones for each runway open to the public on an airport open to the public. The outermost borders of the subzones comprise the outermost boundary of the Airport Hazard Area. The area within those outermost boundaries is that area regulated by the provisions of this chapter and is the Airport Safety Area for an airport.
The Clear Zones of an Airport Safety Area shall consist of trapezoids located within the Runway End Subzone along the flight approach and departure path. Each Clear Zone shall extend 1,000 feet from the end of the Runway Subzone, as measured along the extended centerline of the Runway. The base of the Clear Zone shall be co-located with the end of the Runway Subzone, and shall have a width of 250 feet. The width of the Clear Zone shall increase as the distance from the end of the Runway Safety Zone increases. Its final width shall be 450 feet.
The Commissioner of the New Jersey Department of Transportation.
The New Jersey Department of Transportation.
The Director of the Division of Aeronautics, NJDOT.
The Division of Aeronautics, NJDOT.
The Runway End Subzones of an Airport Safety Area shall consist of trapezoids located at either end of the Runway Subzone along the flight approach and departure path. Each Runway End Subzone shall extend 3,000 feet from the end of the Runway Subzone, as measured along the extended centerline of the runway. The base of the Runway End Subzone shall be defined by the end of the Runway Subzone, and shall have a width of 2,350 feet. The width for the Runway End Subzone shall narrow as the distance from the end of the Runway Subzone increases. Its final width shall be 850 feet.
An area in which a runway is symmetrically located and is graded to be smooth and level. These areas are to be maintained in such a condition that aircraft operating thereon may do safely and with no damage.
The Runway Subzone of an Airport Safety Area shall consist of a rectangle having the same centerline and length as the runway, unless limited property ownership at the airport necessitates a shorter length. The width of the Runway Subzone shall be 2,350 feet and the length of the Runway Subzone shall be the same as the physical length of the runway.
A pathway for movement of an aircraft on the surface, usually connecting the landing and takeoff area or runways with support facilities.
A line, at right angles to the runway centerline and extending for the full width of the runway, established for the purpose of identifying the beginning of the runway area that is designated for the landing of airplanes.
c.
Permitted uses in the airport safety area. All uses listed hereinbelow are permitted only if also permitted in the underlying zone districts and only if in accordance with the applicable requirements of this chapter.
d.
Prohibited uses in the airport safety area.
1.
Residential dwelling units of any kind, except that single-family detached dwelling units situated on a lot at least three acres in size and not located in a Clear Zone shall be permitted if also permitted in the underlying zone districts.
2.
Any portion of a planned unit development utilized for residential use.
3.
Hospitals.
4.
Schools.
5.
Above ground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
6.
Within the Runway End Subzones only, the above ground bulk tank storage of flammable or toxic gases and liquids.
7.
Uses that may attract massing birds, including landfills.
8.
Above grade major utility transmission lines and/or mains.
e.
Vertical development restrictions.
1.
The maximum height of any structure or planting within the Airport Safety Area shall not exceed the vertical development standards as set forth herein.
2.
Runway elevations and not the natural grade of the land shall in relation to the horizontal plane establish all elevations.
3.
The vertical standards within the Runway Subzone are determined by:
(a)
A line running 90° outward from each side of the runway centerline for a distance of 125 feet in which no development is allowed above the natural grade of the land except for runway and flight safety equipment; and,
(b)
Planes running from the edges of the line established above (paragraph e,3(a)) (longitudinal zero-foot) for the length of the Runway Subzone sloping upward and outward at a rate of seven feet horizontally to one foot vertically to an elevation of 150 feet above its starting point at the outer borders of the Runway Subzone.
4.
The vertical standards within the Runway End Subzone are determined by:
(a)
A plane rising one foot upward to 20 feet outward from the end of the Runway End Subzone with a width of 250 feet bisected by the extended runway centerline, and extending a horizontal length of 3,000 feet to the outermost end of the Runway End Subzone where the width of the plane is 850 feet at an elevation on 150 feet above its starting point; and,
(b)
Planes sloping from the outermost longitudinal edges of the plane established above (paragraph e,4(a)), rising upward one foot to seven feet from the above established plane to where they meet the outermost longitudinal boundaries of the Runway End Subzone at an elevation of 150 feet.
5.
Public and private roads shall be considered as fifteen-foot and ten-foot vertical development, respectively.
f.
Specific conditions and requirements. The Airport Safety Area is an area of specified dimensions as provided for within this subsection and indicated on the Township Zoning Map. All permitted uses upon lands within the Airport Safety Area shall conform to the applicable zoning requirements of the zoning district in which the lot is located in addition to the provisions specified herein. Where the provisions of the Airport Safety Area are more restrictive than the requirements of the underlying zone district, the Airport Safety Area provisions shall apply.
[Amended by Ord. No. 2002-6]
a.
Prohibition of wild animals. It shall be unlawful for any person to keep, maintain or have under his/her control or possession within the Township any poisonous reptile or any other dangerous or carnivorous wild animal or reptile of wild, vicious or dangerous propensities, including but not limited to the following:
1.
All poisonous animals, including rear-fang snakes.
2.
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
3.
Baboons (Papio, Mandrillus).
4.
Bears (Ursidae).
5.
Bison (Bison).
6.
Cheetahs (Acinonyx jubatus).
7.
Crocodilians (Crocodilia), 30 inches in length or more.
8.
Constrictor snakes, six feet in length or more.
9.
Coyotes (Canis latrans).
10.
Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.
11.
Elephants (Elephas and Loxodonta).
12.
Game cocks and other fighting birds.
13.
Hippopotami (Hippopotamidae).
14.
Hyenas (Hyanidae).
15.
Jaguars (Felis onca).
16.
Leopards (Felis pardus).
17.
Lions (Felis leo).
18.
Lynxes (Lynx).
19.
Monkeys, old world (Cercopithecidae).
20.
Ostriches (Struthio).
21.
Piranha fish (Characidae).
22.
Pumas (Felis concolor), also known as cougars, mountain lions and panthers.
23.
Rhinoceroses (Rhinocerotidae).
24.
Sharks (class Chondrichthyes).
25.
Snow leopards (Felis uncia).
26.
Tigers (Felis tigris).
27.
Wolves (Canis lupus).
b.
Exceptions. The provisions of Subsection 12-4.3a. hereinabove shall not apply to licensed pet shops, if:
1.
Their location conforms to the provision of this chapter.
2.
All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
3.
Animals are maintained in quarters so constructed as to prevent their escape.
4.
No person lives or resides within 100 feet of the quarters in which the animals are kept and no animal shelter or quarters shall be used or located closer than 100 feet to any property line.
c.
Horses. The keeping and use of horses on private property shall be allowed as a permitted use in the "RR," "AR," "AP," "FA," "FB," "FC," "RD" and "RC" and "I" zoning district or area, which is the site of a private residence, providing the following criteria are met:
1.
Not more than two horses or ponies (including the newborn of both) may be kept on a lot of one acre, which area shall include the dwelling thereon, with the right to increase this number at the rate of one additional horse or pony for each additional 10,000 square feet.
2.
A barn or shelter shall be provided for any horses or ponies kept on the premises, which shall be located in the rear or side of the property provided the structure is setback at least 10 feet from the front facade line of the principal structure and is not closer than 35 feet from the dwelling on the lot upon which it is constructed and there shall be a minimum side yard on each side thereof of at least 50 feet.
3.
The lot upon which the horses are maintained shall be enclosed by a fence which shall be constructed of such materials and in such manner as to prevent their escaping therefrom, the suitability of construction of which shall be approved by the Construction Official upon submission of a plan for same. Such fence shall be a minimum of four feet in height and a maximum of six feet in height. Possible types of construction can be four board fence, nailed from the inside, said boards to be at least one inch by six inches; post and rail; pipe; PVC; high tensile wire; polywire; electroplastic tape or any other material on the market for horse containment. It should be aesthetically compatible to the character of the development in the areas where it is to be located. And such fences shall be set back a minimum of five feet from the side property lines.
4.
All feed for the horses or ponies shall be stored in rodent proof containers.
5.
All manure on the premises shall be handled and stored in such a manner that it doesn't create a health hazard or a public nuisance. Manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances. The manure disposal area must have an above ground retainment area located at least 50 feet from property line and no closer than 100 feet from any existing residential purpose permanent structure, attached garage, swimming pool, tennis court or patio located on an adjacent property.
6.
Each horse shall be provided with 800 square feet of corral space and 400 square feet for each additional horse. The roofed stable or shelter shall contain at least 100 square feet for stall space per animal.
7.
Deviation from the above dimensional requirements shall be the subject of a variance proceeding before the Zoning Board of Adjustment of the Township. The requisite proof of the variance shall be based upon topographic conditions with the proof of showing that reduction of the dimensional requirements can be made without substantial detriment to adjacent properties. Topographic conditions such as but not limited to the following type of conditions to be considered: soil type, character of adjacent properties; size of adjacent properties; the distance of adjacent residential structures and accessory buildings from the property in question; foliage, existing and proposed, both on site and on adjacent properties; the type of stable, pen, corral, fences, and/or other structures proposed for keeping, stabling and containment of the animals; the type of waste management disposal plan.
8.
Any property that, on the effective date of this chapter, was being used for the maintenance of horses and ponies upon said property (including a barn, stable or run-in shelter thereon) may continue to be used for such purposes by the then current occupants or owners and subsequent occupants or owners for such purposes provided the activity has not been deemed abandoned and the activity conforms with all applicable health standards and those provisions that pertain to sanitation or public nuisances thereon (paragraphs c4 and 5 above).
9.
As long as the existing private residential dwelling is an occupied dwelling and subject to other provisions of this section, the boarding and use of horses, including, but not limited to, training, horseback riding, equestrian sports and breeding, on private property shall be allowed as a permitted use as provided herein, in the RR, AR, AP, FA, FB, FC, RD, RC and I Zoning Districts, regardless of whether the dwelling is owner-occupied or tenant-occupied. It is the Township's intent that these activities are further protected and qualify under the Right to Farm Act.[1]
[Added 7-15-2014 by Ord. No. 2014-16]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
a.
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
b.
In "AP" Agricultural Production Districts, a resource conservation plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District, located in an area which has been designated by any agency of Federal, State or local government as having substandard surface or groundwater. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
c.
All agricultural operation in an "AP" District shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits or operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.
a.
Water supply. Where available, in the discretion of the Planning Board or Zoning Board of Adjustment, as the case may be, in order to promote the public health, safety and welfare in potable water and safe water supply, all developments approved after the effective date of this chapter shall use public water in lieu of individual wells. If individual wells are used, they shall be a minimum of 100 feet in depth (unless the well penetrates an impermeable clay aquiclude, in which case the well shall be drilled and cased to at least 50 feet) and designed and installed in accordance with the standards of the Township, County or State agency having jurisdiction.
b.
Public sewer. The following standards shall apply with regard to public sewer to promote compliance with the following criteria: to regulate growth such that development occurs on lands suitable for development based on analysis of the natural resource inventory and considering the cumulative impact on developable lands as a result of construction; to encourage the desired growth and densities only in areas where the Master Plan anticipates development and the growth of services to service said development.
1.
Unless otherwise permitted by this chapter, no extension of the public sewer system will be permitted outside the designated sewer service area as depicted on the Wastewater Management Plan for Southampton Township.
3.
At the time of approval of any development proposed to utilize public sewer, the Township Administrator, or designee, in conjunction with calculations to be supplied by the Township Engineer and department head of the Sewer Treatment Plant, shall provide to the approving authority an estimate of the then-remaining sewer capacity and the effect of approval of the development on the limitations established above.
a.
Purpose. The basic purpose of permitting the development of residential clusters is to provide a method of developing land, which creates desirable open space, conservation areas; flood plains, recreation areas and parks by permitting the reduction in lot sizes without increasing the number of residential lots otherwise permitted.
b.
General requirements.
1.
The lot size within the residential detached cluster development may be reduced to compensate for the open space set aside not to be included in lots or other required improvements, with the maximum number of lots calculated in accordance with the definition of density in Subsection 12-2.3.
2.
The overall density of the zone in which the tract is located shall not be exceeded.
3.
Open space resulting from residential detached cluster development may be made available to the Township. Prior to dedication to the Township, the developer in accordance with Township requirements shall improve the lands. If open space resulting from residential detached cluster development is not accepted to public use, it shall be protected by legal arrangements, satisfactory to the Reviewing Board, sufficient to assure its maintenance and preservation in perpetuity for its intended use. Covenants or other legal arrangements shall specify ownership of the cluster open space; method of maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that the entity owning the open space will not be dissolved without the consent of the Reviewing Board; and any other specifications deemed necessary by the Reviewing Board. Transfer of deeds to the open space shall be in place prior to construction.
4.
The development of the cluster plan shall provide at minimum 20% of the total tract for open space acres that will be preserved in perpetuity. The open space may be contained completely within the subject tract or adjacent to open space that has been preserved in perpetuity. Evidence of legal arrangements for adjacent open space shall be submitted at the time of application.
c.
Design requirements.
1.
Stream corridors and wetlands shall be sufficiently buffered with natural vegetation that extends from the stream center a minimum of 300 feet.
2.
The building setback line for a proposed lot shall be located a minimum of 300 feet from the one-hundred-year flood plain.
3.
Agricultural properties located adjacent to the cluster development shall be protected and buffered from residential encroachment to the maximum extent possible. The agricultural buffer shall be established on the perimeter of any cluster development that adjoins an agricultural property. The buffer shall be at least 50 feet wide and shall be planted with native plant material, per Subsection 12-5.2. Pedestrian or bicycle paths may traverse the agricultural buffer.
Before a construction permit or Certificate of Occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board for conditional use approval as well as required site plan and/or subdivision approval as may be necessary. The review by the Planning Board of a conditional use shall include any required site plan review. The Planning Board shall grant or deny the application for a conditional use within 95 days of submission of an application deemed complete by the Administrative Officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application.
Conditional uses include the following:
a.
Fast-food restaurant subject to the following conditions:
1.
Bldg. lot coverage: 0.05 maximum.
2.
There shall be at least one major means of access and egress, divided by a median strip. Entrances and exits shall be located at least 100 feet from a street intersection.
3.
Direct access from the roadway right-of-way line to the nearest turn or parking space on the lot on which the fast-food establishment is located shall be an unobstructed distance of at least 20 feet.
4.
All service, storage and trash areas shall be completely screened from public view. All outside trash receptacles shall be located within an enclosure constructed of decorative masonry or fence material a minimum of four feet and a maximum of six feet in height and shall be provided with opaque gates of the same height.
5.
A fast-food restaurant may not be located within 1,500 feet of a school, church, synagogue or other place of worship; a hospital, nursing home or home for the aged; or another fast-food restaurant. The distance shall be measured between the two closest property lines.
6.
The minimum distance between driveways and adjacent property lines shall be 20 feet measured from the curb return to an extension of the side property line.
7.
The minimum distance between driveways on the site shall be 65 feet measured between the curb returns.
8.
Drive-in window lanes shall be physically separated from the traffic circulation system on the site by means of concrete curbing and landscaped islands, which allow for a minimum width of two feet for landscaping. The drive-in window aisle shall have a minimum width of 10 feet. The length of the drive-in lane shall be such as to permit the stacking of a minimum of 10 vehicles. Allowance must be made to allow customers who have received their orders to bypass vehicles that are awaiting a special order.
9.
Sites shall be so designed as to not permit a conflict between pedestrian and vehicular drive-in traffic in either the stacking lane or drive-in exit.
b.
Gasoline service stations and repair garages: provided that the issuance of a permit shall first be approved by the Planning Board, after public notice and public hearing, on the basis of the following standards:
1.
No gasoline station shall be located within 1,500 feet of any other gasoline service station, which distance shall be measured along a straight line from the nearest boundary line of the existing station to the nearest boundary line of the proposed new station.
2.
No gasoline service station shall be located within 500 feet of any public or private school, hospital, church, library, theater or other place of public assembly seating more than 50 persons, which distance shall be measured along a straight line from the nearest boundary line of the proposed new station.
3.
The proposed use shall not be detrimental to the health, safety or general welfare of the Township, and it shall not result in a depression of any established property values in the general area.
4.
Gasoline pumps shall be setback a minimum of 40 feet from the front property and street line, except canopy structures may be located as close as 25 feet to the street line. A minimum of 25 feet shall exist between any two islands and between any island and the service station, auto repair or auto body building.
5.
All pits, lifts and working areas shall be within an enclosed building. All lubrication, repair or similar activities shall be performed in an enclosed building; however, minor repair work may be performed at an island or pump location. All storage areas and trash facilities shall be enclosed with a fence or similar permanent structure and shall be screened from public view. Nothing herein shall be deemed to prohibit temporary road service on an inoperative motor vehicle.
6.
No automobile or motor vehicle which is unregistered or any motor vehicle, whether registered or not, that is in a junked, inoperable or other condition such that it is unfit for use on any public highway, shall be stored on the premises of any service station or repair garage for a period in excess of 90 days. All such vehicles stored overnight on the premises outside the main building shall be screened from public view by a fence or other permanent structure or a landscaped buffer approved by the Planning Board or Zoning Board of Adjustment, as the case may be, in accordance with the landscaping buffer requirements specified in Subsection 12-5.2 of this chapter.
7.
A twenty-foot wide landscaped strip across the entire frontage shall be provided and shall be landscaped with grass or ground cover, as well as low-growing buffering shrubbery and plants and shade trees in accordance with Subsection 12-5.7.
8.
No sale or rental of cars, vehicles, trucks or trailers shall be permitted.
9.
The entire area of a site traversed by motor vehicles shall be constructed with a dustfree surface and drained onto a public street or public drainage system.
c.
Hotels and motels subject to the following:
1.
Minimum lot size: five acres.
2.
Number of rooms: 50 minimum.
3.
Each hotel and motel dwelling unit shall provide a minimum 250 square feet of net habitable floor area for each unit containing one sleeping room and one bathroom, and 350 square feet of net habitable floor area for each unit containing one sleeping room, one bathroom and cooking facilities. There shall be a residency limitation on all guests of 30 days, provided that the residency limitation shall not apply to a permanent on-site superintendent's apartment.
d.
New and used auto, mobile home and recreation vehicle sales subject to the standards specified in Chapter 4 entitled "General Licensing," § 4-2 and the following:
2.
Direct and indirect glare shall be in accordance with requirements as set forth under Subsection 12-5.8.
3.
A ten-foot wide strip across the entire frontage, with the exception of exit and entrance driveways, shall be landscaped with grass or ground cover and attractively planted with low-growing shrubbery and plants.
4.
When a new or used car lot abuts residences, a planted screen, as defined in Subsection 12-5.2 shall be installed and maintained at all times in a proper manner.
5.
Driveway opening approval shall be required of the agency having jurisdiction of the roadway upon which the lot fronts.
6.
All lot areas used by motor vehicles shall be provided with a dustfree surface and drained onto a public street or public drainage system with provisions for an oil trap.
8.
No new or used cars held for sale shall be parked on a public street or right-of-way.
e.
Public utilities. Those Utilities that Require Vehicle Access and Periodic Maintenance.
1.
For purposes of this chapter, the term "public utilities" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public such as sewage treatment plants, provided the structures associated with the uses are greater than 10 square feet in gross floor area and require periodic maintenance but shall exclude dumps, sanitary landfills, service yards and storage yards.
2.
The proposed installation in a specified location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
3.
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
4.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
5.
Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
6.
Off-street parking shall be provided as determined by the Planning Board during site plan review.
f.
Sexually oriented businesses as defined per N.J.S.A. 2C:34-6:
A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following:
Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representatives which depict or describe a specified sexual activity or specified anatomical area, or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area, or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity, or
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
PERSONS — An individual, proprietorship, partnership, corporation, association, or other legal entity;
SPECIFIED ANATOMICAL AREA — Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered;
SPECIFIED SEXUAL ACTIVITY — The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
1.
Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Southampton in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Southampton and of the State of New Jersey, while maintaining the quality and character of Southampton Township and deterring the growth and spread of blight and crime. It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and operation of those uses. Therefore, special regulations of these "adult" uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Southampton. In no way is the fact that the Township of Southampton regulates any or all of the adult uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of, or condoning of, those uses.
2.
Lot size: 87,120 square feet minimum.
3.
Lot width: 200 feet.
4.
Front yard setback: 100 feet.
5.
Front buffer: 50 feet.
6.
Side buffer: 50 feet.
7.
Rear buffer: 50 feet.
8.
The building or structure of such use shall be located no closer than 1,000 feet from any residential use or district, public or private school, church, recreation facility, any other religious, institutional, or educational use, nursery, child care center, public community center, park, playground, or similar use, or any premises licensed for the sale or distribution of alcoholic beverages.
9.
No such use shall be located within 1,000 feet of a similar use.
10.
Maximum distance between any access driveway and any adjoining property line shall be 30 feet.
11.
Maximum width of curb cuts for access driveways shall be 20 feet, except a combined entrance and exit shall total 40 feet.
12.
Parking requirements shall be in accordance with all of the regulations set forth in Subsection 12-5.10, but in any event, there shall be parking spaces for not less than 10 cars. In addition to the parking standards in Subsection 12-5.10, one parking space is required for each viewing theater where this viewing area is to not exceed 10% of the total building area.
13.
No materials sold or displayed within shall be visible from any window or door, or within public view.
14.
All trash, refuse, articles or any matter to be disposed of shall be shredded, cut, or rendered in such a fashion so that the remains shall not be readable, legible, or discernible.
15.
All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, groundcover, seeding or similar plantings and maintained in good condition.
16.
The minimum buffer area shall include a densely planted buffer of evergreen trees in accordance with Subsection 12-5.2 and at least six feet high at time of planting along any common property line with a residential district.
17.
In addition, paved parking areas shall provide landscaped planting strips, particularly at the ends of parking rows. Said ends of parking areas shall be surrounded by concrete curb or Belgian block curb and shall be of a size sufficient to contain a 2 1/2 inch caliper shade tree, which shall be required in each planting strip.
18.
All uses must be licensed as required in the General Ordinances of the Township of Southampton.
19.
Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturday and shall be closed on Sundays.
a.
Applicability. All development in Southampton Township shall demonstrate conformance to the design and performance standards of this chapter. The streets, drainage, right-of-way, school sites, public parks and playgrounds, scenic areas, historic sites and flood control basins shall be considered in approval of all development.
b.
Approvals required.
1.
No use shall be made of any lands or buildings in the Township until all required approvals are obtained in the application for development for the subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
2.
No construction or other physical alteration of any lands or buildings in the Township shall be made without compliance with the preconditions to commencement of construction and the obtaining of all required permits. No use shall be made of any lands or buildings in the Township pending any appeal.
3.
No building or structure shall be erected, reconstructed, demolished, altered or restored, no use shall be made of any land, and no development shall be approved, unless the building, structure, use or development meets the design and performance standards specified in this chapter for all developments and the design and performance standards specified in this chapter for the specific type or class of use proposed, and meets the applicable zoning requirements unless zoning variance is granted in accordance with N.J.S.A. 40:55D-70 or a waiver from the design and performance standards is granted.
4.
In addition to each and every other approval requirement of this chapter, no person shall carry out any development in the Pinelands Area of the Township until the development shall have been approved by an approving authority under the procedural requirements of the Pinelands Commission.
All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy conservation building materials.
The purpose of the Environmental Assessment is to provide the Planning Board and/or Zoning Board of Adjustment information regarding the existing environmental conditions and the potential environmental impacts associated with an application for development.
a.
Application for development. An application for development as used in this chapter shall include any application for approval of (a) preliminary and/or final major subdivision (including any property to be transferred, deed restricted or dedicated), (b) site plan, (c) planned development or (d) use variance.
b.
As part of and as a condition for approval for each application for development, an Environmental Assessment (EA) must be submitted to the Planning Board and/or Zoning Board, as applicable, with the application for development. The EA shall be prepared in accordance with Subsection 12-4.10b,1 through 8, below.
For any land which is to be transferred or dedicated to the Township, to any governmental agency, to a homeowners association or to any other entity, for any reasons whatsoever, the applicant or transferor shall be required to submit an EA to the Planning Board and/or Zoning Board, as applicable. The EA shall generally conform to the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessment Practices: Phase 1 Environmental Site Assessment Process (E1527) of the issue in effect at the date of the application, and with industry standards for Phase 1 Environmental Site Assessments.
1.
A project description. Description of the physical site, description of the site history and surrounding land uses.
2.
An inventory of existing environmental conditions at the project site and in the surrounding area. The information provided for this inventory should be based on the questions within the Environmental Impact Worksheet (EIW) prepared by Southampton Township Environmental Commission. The following areas of concern should be generally discussed as well as specifically addressed by including information requested within the Environmental Impact Worksheet:
(a)
Air quality - (See EIW #22).
(b)
Hydrology.
(c)
Surface and ground water - (See EIW # 16).
(d)
Water supply - (See EIW # 17 and 18).
(e)
Geology.
(f)
Soils and properties thereof, including capabilities and limitations - (See EIW # 19 and 20).
(g)
Drainage and runoff characteristics and levels - (See EIW # 21).
(h)
Demography.
(i)
Land use - (See EIW # 9).
(j)
Aesthetics - (See EIW # 25).
(k)
History.
(l)
Archaeology and cultural resources - (See EIW # 24).
(m)
Endangered and threatened species - (See EIW # 23).
(n)
Noise - (See EIW # 14).
(o)
Hazardous waste and landfills - (See EIW # 11, 12 and 13).
3.
A list of licenses, permits and other approvals required by Pinelands, municipal, County, State or Federal law, for commencement of and completion of the project and the status of all application for it.
4.
An assessment of the probable impact of the project upon each of the conditions set forth in paragraph b, 2 above.
5.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and the consequences to the municipal tax structure. Adverse environmental impacts off-site shall be included and evaluated.
6.
A description of steps which will be taken to minimize adverse environmental impacts during construction and during operation, both at the project site and in the surrounding region. Necessary maps and such schedules shall accompany such description and other explanatory data as may be needed to clarify and explain the actions to be taken.
7.
A statement describing any irreversible damage and/or any irretrievable commitment of resources which would result.
8.
A list of alternatives to the proposed project which might avoid some or all of the adverse environmental impacts of the proposed project; such list shall include a no-action alternative. A statement of the reasons for the acceptability or nonacceptability for each such alternative shall be included.
c.
In addition to the requirements set forth in Subsection 12-4.10b, the following requirements shall apply specifically to applications for development including any major residential subdivision or any application which is subject to Site Plan Review that involves a parcel in which agricultural practices have or are taking place.
1.
Site inspection. The Environmental Consultant will physically inspect the site. The Consultant should collect information on the following subject matters, as appropriate, to identify past or current practices which could cause soil or ground water contamination, or which could cause contamination in any structures on the property:
(a)
Past and current materials use;
(b)
Storage, handling and disposal of wastes at the subject property, as applicable;
(c)
The number and location of chemical storage containers, such as drums and storage tanks, and the materials stored in these;
(d)
Transformers and capacitors at or directly adjacent to the property for signs of leaks, spills and fires;
(e)
The properties and structures around the site to document evidence of obvious and severe impacts from the adjacent properties on the subject property and examine exteriors of adjacent buildings and grounds of adjacent properties for evidence of staining and spills.
2.
Research and review. File data and existing reports should be reviewed to determine if any existing documents show that the site has previously been identified as a suspected source of contamination. The minimum documents that should be reviewed for this requirement are:
(a)
Environmental Protection Agency (EPA) and New Jersey databases. The EPA and State database should be reviewed to determine if National Priority List (Superfund NPL) or State Superfund sites, or other alleged contamination sites are located within 1/4 mile of the site.
(b)
Historical aerial photographs. If available, aerial photographs from 1950 through present should be reviewed. The photographs will be inspected for signs of dumps, excavations, vegetation stress or other features indicative of contamination, both on and adjacent to the site. The preferred scale of the photographs is one inch equals 400 feet and stereoscopic pairs are recommended.
3.
Environmental report. The Environmental Consultant should prepare a report in accordance with Subsection 12-4.10b,2(a) through (h), and that includes the following:
(a)
A USGS topographic map indicating the location of the site;
(b)
List of the environmental reports, permits and background documents reviewed including a list of interviewees;
(c)
Discussion of causes of environmental concerns as applicable, such as underground storage tanks, PCB's, asbestos and other applicable environmental hazards;
(d)
The results of contacts with regulatory agencies concerning potential contaminated sites in the site vicinity;
(e)
Prints of all aerial photographs;
(f)
A table that indicates the dates of property ownership from 1940 to present and the corresponding property use(s) for those years, if known.
d.
Proper qualifications. The individual(s) who prepares and conducts the Environmental Assessment shall provide a resume or curriculum vitae as part of the EA report. Individual qualifications must demonstrate that the persons conducting the Environmental Assessment are qualified to conduct such Environmental Assessment based on education, previous project experience and ASTM Standard E1929: Standard Practice for Assessment of Certification Programs for Environmental Professionals: Accreditation Criteria.
e.
Insurance. The firm or individual conducting and preparing the Environmental Assessment shall submit a current Errors and Omissions liability insurance policy in the amount of at least $2,000,000.
f.
Escrow. As part of each application for development, transfer or dedication, the applicant shall post an escrow for the Township professionals required to review the Environmental Assessment.
g.
Waiver. The Township Council, Planning Board or Zoning Board, as applicable, may waive the requirements set forth in this chapter upon finding that the limited nature of the proposed application does not require an Environmental Assessment.
h.
Further requirements. Upon review of an Environmental Assessment by the Township Council, Zoning Board or Planning Board, as applicable, the Township, Zoning Board or Planning Board may require such other studies, tests or environmental remedies as may be determined to be reasonably necessary for the environmental safety and security of the subject site including, but not limited to, an environmental investigation, or other remedies permitted by law.
a.
Non-Pinelands areas. Any parcel of land with an area or bulk measurement less than that prescribed for a lot in any zone in which the lot is located may be used as a lot for any use permitted within that district, if (1) at the time of and since the adoption of the zoning ordinance making such lot nonconforming the owner of the lot did not own adjoining property and (2) all other regulations prescribed for the zone are or can be complied with.
[Amended by Ord. No. 2004-6; Ord. No. 2005-4; Ord. No. 2005-15; Ord. No. 2005-16; Ord. No. 2010-5]
a.
Purpose. This subsection sets forth regulations regarding low and moderate income housing units in Southampton Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and Southampton Township's constitutional obligation to provide for its fair share of low and moderate income housing.
b.
General requirements.
1.
Southampton Township's new construction or inclusionary component will be divided equally between low and moderate income households as per N.J.A.C. 5:93-2.20.
2.
At least 1/2 of all units within each inclusionary development shall be affordable to low income households; and at least 1/2 of all rental units will be affordable to low income households; and at least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low income households.
3.
The Board shall deny subdivision and site plan approval unless the developer complies with the requirements to provide low and moderate income housing pursuant to the provisions of this chapter. The Board may impose any reasonable conditions to ensure compliance.
4.
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
(a)
The combination of efficiency and one bedroom units is at least 10% and no greater than 20% of the total low and moderate income units;
(b)
At least 30% of all low and moderate income units are two bedroom units;
(c)
At least 20% of all low and moderate income units are three bedroom units; and
(d)
Low and moderate income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low and moderate income units within the inclusionary development.
5.
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sales prices:
(a)
Efficiency units will be affordable to one person households;
(b)
One bedroom units will be affordable to 1.5 person households;
(c)
Two bedroom units will be affordable to three person households;
(d)
Three bedroom units will be affordable to 4.5 person households;
(e)
Median income by household size will be established by a regional weighted average of the uncapped § 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b);
(f)
The maximum average rent and price of low and moderate income units within each inclusionary development will be affordable to households earning 57.5% of median income;
(g)
Moderate income sales units will be available for at least three different prices and low income sales units will be available for at least two different prices;
(h)
Owner occupied and rental units for low and moderate income units will utilize the same heating source as market units within an inclusionary development;
(i)
Low income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and
(j)
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.
6.
Affordability; sales price and rental limitations.
(a)
Sales unit.
(1)
Monthly cost of a low or moderate income unit, including mortgage (principal and interest), taxes, insurance and homeowner's or condominium association fees, shall not exceed 28% of the eligible gross household income for low and moderate income households. The initial purchase price assumes a down payment of 5%. See N.J.A.C. 5:93-9.1(b).
(2)
The master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low and moderate income purchasers at 1/3 of those paid by market purchasers. The ratio is consistent with the requirement per N.J.A.C. 5:93-7.4(e). Once established within the master deed, the ratio will not be amended without prior approval from COAH.
(3)
Southampton Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.
(4)
Southampton Township will require a certificate of reoccupancy for any occupancy of a low or moderate income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).
(5)
Municipal, State, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.
(6)
The continued application for options to create, rehabilitate or maintain low and moderate income sale units will be consistent with N.J.A.C. 5:93-9.10.
(7)
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 through 9.14 will be applicable to low and moderate income units that are for sale units.
(b)
Rental unit. The monthly cost of a low or moderate income unit, including contract, rent and utilities (gas, electric, oil, water and sewer) shall not exceed 30% of the gross monthly household income for low and moderate income households.
7.
Maintaining affordability.
(a)
Low and moderate income units, whether for sale or rental, shall remain affordable to low and moderate income households for 30 years from the date of issuance of Certificate of Occupancy for low and moderate income units. The thirty-year period for rental units shall commence on the date of issuance of the Certificate of Occupancy in such development. The low and moderate income for sale and rental units shall be controlled by a deed restriction and mortgage lien as adopted by COAH (N.J.A.C. 5:93-9.2) which shall ensure maintaining affordability of such units.
(b)
To provide assurances that low and moderate income units are created with controls on affordability over time and that low and moderate income households occupy these units, Southampton Township will designate the Housing Affordability Service (HAS) with the responsibility of ensuring the affordability of sales and rental units over time. The HAS will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the HAS will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low and moderate units.
(2)
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The HAS will require an appropriate deed restriction and mortgage lien subject to COAH's approval.
(c)
In zoning for inclusionary developments the following is required:
(1)
Low and moderate income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
| Minimum % of Low/Moderate Income Units Completed | % of Market Housing Units Completed | |
|---|---|---|
| 0 | 25 | |
| 10 | 25 + 1 unit | |
| 50 | 50 | |
| 75 | 75 | |
| 100 | 90 | |
| 100 |
(d)
Municipal housing liaison.
(1)
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Township of Southampton, which is the employee charged by the Governing Body with the responsibility for oversight and administration of the Township's affordable housing program.
(2)
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full- or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township, including the following responsibilities which may not be contracted out, exclusive of item 6 which may be contracted out:
(i)
Serving as the Township's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
(ii)
Monitoring the status of all restricted units in the Township's Fair Share Plan;
(iii)
Compiling, verifying, and submitting annual reports as required by COAH;
(iv)
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;
(v)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(vi)
If applicable, serving as the Administrative Agent for some or all of the restricted units in the Township as described in paragraph (4) below.
(4)
Subject to approval by COAH, the Township may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Township, except for those responsibilities which may not be contracted out pursuant to paragraph (3) above. If the Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
8.
Rehabilitated units:
(a)
Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.
(b)
Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years.
9.
Rental units:
(a)
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
(b)
Alternate living arrangements will be controlled in a manner suitable to COAH, that provides assurances that such a facility will house low and moderate income households for at least 10 years except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
10.
Section 14(b) of the Fair Housing Act, N.J.A.C. 52:27D-301 et seq., incorporates the need to eliminate cost generating features from Southampton Township's Land Use Ordinances. Accordingly, Southampton Township will adhere to the components of N.J.A.C. 5:93-10.1 through 10.3.
11.
Southampton Township will undertake a rehabilitation program to rehabilitate 48 substandard housing units occupied by low and moderate income households. Southampton Township has designated the Burlington County Department of Economic Development to administer the rehabilitation program. The Burlington County Department of Economic Development will prepare a marketing plan for rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5.2(1). Southampton Township will administer the rental rehabilitation program. A rental rehabilitation manual is available through the Township.
12.
The following sites have been designated to meet Southampton Township's inclusionary component outlined in the housing and fair share plan which was adopted by the Planning Board in August 2002; RR1 (Rural Residential) and TC1 (Town Center Extension).
c.
Affirmative marketing plan. Southampton Township has a fair share obligation of 153 units of which 86 is new construction. This subsection will apply to all developments that contain proposed low and moderate income units and any future developments that may occur. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. Southampton Township is in Housing Region 5 consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
1.
All newspaper articles, announcements, and requests for applications for low and moderate income units will appear in the official newspaper of record such as The Burlington County Times and The Central Record.
2.
The primary marketing will take the form of at least one press release and one paid display advertisement sent to the above publication. Additional advertising and publicity will be on an "as needed" basis.
3.
The advertisement will include a description of the:
Street address of units;
Directions to housing units;
Number of bedrooms per unit;
Range of prices/rents;
Size of units;
Income information; and
Location of applications including business hours and where/how applications may be obtained.
4.
The following regional radio and/or cable television stations will be used:
Lenape District Television Station
National Public Radio - WHYY
5.
The following is the location of applications, brochures, signs, and/or posters used as part of the affirmative marketing program including specific employment centers within the region:
Memorial Hospital; and
Lenape High School District;
Burlington County College;
Township Administrative Building;
Township Library;
Developer's sales office;
Burlington County Library;
Camden County Library; and
Gloucester County Library.
6.
The following is a listing of community contact persons and/or organizations that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
Burlington County Community Development;
Public Housing Directors' Association; and
NJ Association of Housing and Redevelopment Organization.
7.
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:
Board of Realtors in Burlington, Camden and Gloucester Counties.
8.
Applications will be mailed to prospective applicants upon request.
9.
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Burlington, Camden and Gloucester:
Office on Aging;
Housing Agency or Authority; and
Area Community Action Agencies.
10.
The following is a description of the random selection method that will be used to select occupants of low and moderate income housing:
HAS follows all guidelines and marketing plans as prescribed by the Department of Housing and Urban Development and the State of New Jersey.
11.
The HAS is the agency under contract with Southampton Township to administer the affirmative marketing program. The HAS has the responsibility to income qualify low and moderate income households; to place income eligible households in low and moderate income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low and moderate income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The specified municipal staff person in Southampton Township is the designated Housing Officer to act as a liaison to the COAH. The HAS will provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law. Southampton Township designates the Housing Officer as the official staff person to act as an affordable housing liaison with COAH.
12.
Households who live or work in the Housing Region 5 may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Southampton Township intends to comply with N.J.A.C. 5:93-11.7.
13.
All developers of low and moderate income housing units will be required to assist in the marketing of the affordable units in their respective developments.
14.
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low and moderate income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
15.
The Southampton Township will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
e.
Uniform affordable housing productions based upon "growth share."
1.
Residential development. Except as otherwise provided below, any residential development in any zoning district in the Township shall provide one unit of affordable housing as defined in COAH's rules for every eight new market-rate units that are produced. Any fraction 0.5% or above shall be rounded to the next higher number. Any subdivision or site plan proposing between three units and seven units shall be responsible for making a monetary contribution to the Township's Affordable Housing Trust Fund by multiplying the total number of new lots and/or units by the sum of $4,375. Said payment shall be in addition to the payment of affordable housing development fees and shall be due and owing at the time of execution of the subdivision plat or subdivision deeds and/or execution of the approved site plan by the Township.
2.
Nonresidential development. All nonresidential development applications submitted to the Planning Board or Board of Adjustment shall be required to produce one non-age-restricted affordable housing unit meeting COAH's eligibility criteria for every 25 new jobs or employment opportunities created in the Township as a result of the proposed nonresidential development project. The calculation of the number of jobs and employment opportunities shall be in accordance with Appendix E to N.J.A.C. 5:94-1 et seq., entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share." All calculations resulting in a number of jobs or housing units that is not a whole number shall be rounded to the next higher number if the result is 0.5 or greater. Any nonresidential development application that will produce less than 25 new jobs or employment opportunities pursuant to Appendix E, shall be responsible for making a monetary contribution to the Township's Affordable Housing Trust Fund by multiplying each new job that is produced by the sum of $1,400. Said payment shall be in addition to the payment of affordable housing development fees and shall be due and owing at the time of execution of the subdivision plat or subdivision deeds and/or execution of the site plan by the Township.
3.
The applicant may choose to satisfy its affordable housing production obligation(s) through the mechanisms permitted in COAH's rules, including, with Southampton Township's advanced written permission (a) on-site housing production in connection with residential projects, (b) the purchase of one or more existing market-rate homes at another location in the community and their conversion to affordable price-restricted homes in accordance with COAH's criteria, regulations and policies, (c) the funding of a Regional Contribution Agreement ("RCA"), and/or (d) participation in gut rehabilitation and/or buydown/write-down, buy-down/rent-down programs. Evidence of compliance shall be produced to the Planning or Zoning Board at the time of application filing and shall be a condition of all "completeness" determinations. Thereafter, evidence of satisfaction of affordable housing compliance shall be an automatic condition of all approvals that must be satisfied prior to the issuance of the project's first building permit.
4.
Low and moderate income split and compliance with COAH's rules. The affordable unit(s) to be produced pursuant to Subsections 1, 2 and 3 (above) shall be available to a low income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low and moderate income individuals and households except in the event of an odd number in which event the unit shall be a low income unit. All affordable units shall strictly comply with COAH's rules and policies including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for a COAH and Township approved qualification service to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the Court to verify COAH compliance of each affordable unit.
5.
Exemption. Residential inclusionary projects constructed in the affordable housing districts identified in the Township's COAH and/or judicially approved second round Housing Element and Fair Share Plan shall be exempt from the requirements of this Subsection 5. However, a nonresidential growth share responsibility in accordance with this paragraph shall be attributable to all nonresidential uses constructed in mixed-use and/or nonresidential projects in the Township's existing affordable housing districts. Moreover, all growth share affordable units produced by virtue of this paragraph shall be exempt from the payment of residential affordable housing development fees. However, market-rate residential and nonresidential development fees shall remain due and owing pursuant to the Township's COAH and/or Court approved Development Fee Ordinance except for exempt residential inclusionary developments.
a.
Unless the applicant can demonstrate that a particular parcel in the Pinelands Area of the Township proposed for development does not meet the definition of moderate, high or extreme fire hazard classification set forth in N.J.A.C. 7:50-6.123 of the Pinelands Comprehensive Management Plan, the application shall be subject to the standards set forth in the balance of this subsection.
b.
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support firefighting equipment.
c.
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for firefighting equipment.
d.
The rights-of-way of all roads will be maintained so that they provide an effective firebreak.
e.
A fire hazard fuel break will be provided around structures proposed for human use by the selective removal or thinning of trees, shrubs, and ground cover in accordance with the following requirements. In calculating the measurement of the required fuel break, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall include the proposed yards, roads and other physical features in which clearing will take place toward the required minimum fuel break.
f.
All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which the following action must be taken. In calculating the measurement of the required perimeter fuel break, the Planning Board or Zoning Board of Adjustment, as the case may be, shall include the proposed yards, roads and other physical features in which clearing will take place, including the back or front of adjoining developments toward the required minimum fuel break. Where there is a perimeter fuel break pursuant to this subsection, the Board may waive the requirement of a structure fuel break in Subsection 12-4.13e hereinabove.
1.
Shrubs, understory trees and ground cover shall be selectively removed, mowed or pruned and maintained on an annual basis.
2.
All dead plant material shall be removed.
3.
Roads, rights-of-way, wetlands and stormwater basins shall be used as firebreaks to the maximum extent practical.
4.
There shall be a specific program for maintenance.
g.
All structures will meet the following specifications:
1.
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos-cement shingle, sheet iron, aluminum or brick. Fire-retardant treated woodshingles or shake type roofs are prohibited in high or extreme fire hazard areas.
2.
All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials with fire-retardant chemicals.
3.
Any openings in the roof, attic and floor shall be screened.
h.
In the event that the applicant can demonstrate that public water, with fire hydrant protection and adequate water supply and pressure, will service the site, the Board may relax or reduce the requirements of Subsections 12-4.13b, e and f of this chapter hereinabove based on the written recommendations of the local fire authorities.
a.
Purpose. Upon recognition of the proliferation of home-based business startup, the Township will encourage the growth of home-based businesses provided that the business is compatible with the residential use of the property and surrounding residential uses.
b.
Applicability. Home-based businesses are considered permitted uses provided that the following items are satisfied:
1.
The business activity is compatible with the residential use of the property and surrounding residential uses;
2.
The volume of traffic generated is not in excess of what is customary for residential use in the neighborhood;
3.
The business activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception detectable by any neighbors;
4.
The business activity does not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood;
5.
The business does not involve any illegal activity;
6.
There shall be no display of advertising other than a professional nameplate not exceeding six square feet in size;
7.
The business activity is directed by one or more family members who must be residents of the home in which the business is being conducted;
8.
There shall be adequate off-street parking for any such clients and customers. No more than one client, customer, patient or visitor to the business shall be seen at any one time.
9.
The permitted home occupation shall be conducted only within 25% of the total gross habitable floor area of the home.
10.
Is customarily carried on in a dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
11.
Does not require the construction of any accessory buildings or additional off-street parking.
12.
Does not use more than one nonfamily member in its operation.
a.
Incompatibility. Nonconforming uses and structures are hereby declared to be incompatible with the uses and structures permitted. The lawful use of land, buildings or structures existing when this chapter was adopted may continue even though they do not conform to this chapter. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter.
b.
Restoration. Any nonconforming building, structure or use, which has been condemned or damaged, shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 75% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 75% of the value of replacing the entire structure, it may be rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
c.
Abandonment. A nonconforming use shall be considered abandoned if the owner terminates it or if a nonconforming use involving a structure is discontinued and the owner has been determined to possess an intent to abandon the site and there is some explication, such as failure to maintain, indicating an abandonment or if a non- conforming use of land ceases. The subsequent use of the abandoned building, structure and/or land shall be in conformance with this chapter.
d.
Repairs and maintenance. Repairs and maintenance may be made to a nonconforming structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for nonconforming purpose or increase the nonconforming purpose or nonconformity in any manner.
a.
Height limits. The height limitations in this chapter shall not apply to the following structures, provided that such structures are compatible with uses in the immediate vicinity: silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys; smokestacks; derricks; conveyors; flagpoles; masts; aerials; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy; provided, however, that the height of any tower or similar structure shall not exceed the distance from the nearest property line to the base of the tower or structure. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
b.
Farming activities and structures in front yard setback. Regardless of zoning standards, where a property qualifies for farmland tax assessment and contains a primary occupied residential dwelling, the property owner, or the tenant with the owner's consent, may perform farming activities within the front yard setback limitation, including the construction of a single barn for the storage of equipment and materials, the sheltering of livestock or other farm animals and/or the sale of farm products, under the following conditions:
1.
The barn may not impede the full view of the farmhouse from the roadway.
2.
The barn may not contain advertising inconsistent with the sign regulations for the zoning district in which it is located.
3.
The structure shall be set back a minimum of 25 feet from all property limits.
4.
The structure shall not be placed within any sight triangles.
5.
The structure shall be constructed to match the appearance of the existing architecture on the property and in the neighborhood.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsections b and c as Subsections c and d, respectively.
c.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
d.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam and telephone communications with the exception of cellular communications facilities shall not be required to be located on a lot nor shall this chapter be interpreted as to prohibit the use of a property in any zoning district for the above uses.
A homeowners association or other open space organizations may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the approving authority is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the following provisions:
a.
Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development, and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.
b.
The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space property sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of the subject development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to Southampton Township or other open space organization.
c.
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
d.
The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property; these shall be set forth as a condition of approval and shall be submitted to the Township Attorney prior to granting of final approval by the approving authority.
e.
The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied.
f.
Should the association fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43 shall be followed.
g.
Should a portion of the open space be dedicated to an open space organization other than the homeowners' association, the homeowners' association must provide a buffer of at least 100 feet that would separate the private parcels from lands in the dedicated open space.
[Amended by Ord. No. 2002-14; Ord. No. 2002-15; Ord. No. 2006-16]
It is the general purpose and intent of the recreational facilities and open space requirements of this chapter that new residential development in Southampton Township contribute to the overall open space and recreational facilities needed in the Township to serve its residents.
a.
Open space shall be provided in accordance with the following minimum provisions:
1.
Single-family detached dwelling units with on-site septic: a minimum of 10% of the total tract, of which 1/2 must be suitable for active recreation use and must not be either wetlands, wetlands buffers, one-hundred-year flood plains, or detention basin areas.
2.
Single-family detached dwelling units with public sewer: a minimum of 15% of the total tract, of which 1/2 must be suitable for active recreation use and must not be either wetlands, wetlands buffers, one-hundred-year flood plains, or detention basin areas.
3.
Two-family and townhouse dwelling units: a minimum of 20% of the total tract, of which 1/2 must be suitable for active recreation use and must not be either wetlands, wetlands buffers, one-hundred-year floodplains, or detention basin areas.
b.
In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:
1.
Open spaces shall be used for social, recreational, and/or natural environment preservation purposes. The uses authorized must be appropriate to the character of the open space, including its topography, size and vegetation, as well as to the character of the development, including its size, density, characteristics of the expected population, and the number and type of dwellings to be served.
2.
Common open space to be administered by a homeowners' association shall be distributed throughout the proposed development so that as many residential dwelling units as is practicable abut and have direct access to the common open space.
3.
The protection of environmentally fragile and important resource land areas such as aquatic buffer areas, one-hundred-year flood plain, rare threatened and endangered species and wooded acreage is a high priority.
4.
Open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, wetlands, woodlands, specimen trees, and other areas of mature vegetation worthy of preservation is encouraged to be preserved and in its natural state. Certain improvements such as the clearing of trails for walking, jogging, hiking and/or picnicking may be made in the open space. Recreation facilities may also include soccer, baseball, football, and other field sports that utilize open unlit fields.
5.
Walkways, jogging, and bicycle paths shall be integrally designed into the open space system. These pedestrian and bicycle paths shall be continuous and shall connect with the sidewalks and bicycle paths of adjacent streets. They shall be of adequate width and design to accommodate the projected volume of pedestrians and bicycles.
6.
The buildings, structures and improvements permitted in the open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the open space with regard to its topography and aesthetic value.
7.
The construction schedule of the development shall coordinate the improvement of the open space with the construction of residential dwellings. It is intended that 100% of the open space be developed and usable at 75% completion of the residential units in the proposed development.
c.
The approving authority shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. The lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.
d.
All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association or other open space organization as provided in N.J.S.A. 40:55D-43 and Subsection 12-4.17 of this chapter. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.
e.
The following shall be the minimum active recreation requirements based on the number of approved residential units, unless alternate recreational facilities are specifically approved by the Board. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
1.
Fifty units or more:
(a)
Two tennis courts, plus one tennis court for each additional 25 units;
(b)
One basketball court, plus one basketball court for each 50 additional units;
(c)
One tot lot, plus one tot lot for each 50 additional units;
(d)
One ballfield;
(e)
One multipurpose turfed area of at least 100 by 100 feet, plus one multipurpose turfed area for each 50 additional units.
4.
Less than 10 units shall provide a monetary contribution in accordance with Subsection 12-4.18f hereinbelow.
f.
Monetary contribution. In lieu of construction of the recreational facilities required by Subsection 12-4.18 hereinabove, the developer may elect, with approval by the Planning Board or Zoning Board of Adjustment, as the case may be, to make a contribution of $3,000 per residential unit to a Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of recreational facilities for use by the residents of Southampton Township. Said contribution shall be paid upon submission of the application for the construction permits for the project.
a.
Variances. Departures from the literal zoning requirements of this chapter may be granted by the Planning Board or Zoning Board of Adjustment, as the case may be, in accordance with the applicable provisions specified in § 12-10.
b.
Waivers. The Planning Board or Zoning Board of Adjustment, as the case may be, when acting upon applications for subdivision and/or site plan approval, shall have the power to grant such exceptions from the requirements of this chapter for such approval, as may be reasonable and within the general purpose and intent of the applicable provisions, if the literal enforcement of one or more of the provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
c.
Pinelands compliance. Notwithstanding the aforementioned jurisdictional exceptions, no such exception shall apply to Pinelands application requirements or development standards nor shall it affect the Township's compliance with the Pinelands Comprehensive Management Plan.
a.
Purpose. Freshwater wetlands play an integral role in maintaining the quality of life by:
1.
Protecting subsurface and potable drinking water supplies from contamination with hazardous chemicals by serving to purify surface water and ground water resources;
2.
Providing a natural means of flood and storm damage protection through absorption and storage of water during high runoff periods and through the reduction of flood crests, thereby protecting against the loss of life and property;
3.
Serving as a buffer zone between dry land and watercourses, thereby retarding soil erosion;
4.
Providing essential breeding, spawning, nesting and wintering habitats for a major portion of the Township's fish and wildlife, including migrating birds, endangered species, and commercially and recreationally important wildlife; and
5.
Maintaining critical base flow to surface waters through the gradual release of stored flood waters and ground water, particularly during drought periods.
b.
Development prohibited.
1.
Notwithstanding any other provisions of this chapter and unless otherwise restricted and/or permitted by Federal and/or State regulations, no structure, on-lot sewage disposal facility or parking lot shall be erected or constructed, either above or below ground level, within any freshwater wetlands area and wetlands buffer area. Further, any freshwater wetlands area and wetlands buffer area may not be altered in any of the following ways: the removal, excavating or dredging of soil, sand or gravel; the draining or disturbing of the water level or water table; the dumping, discharging or filling with any material; or the driving of pilings or erection of buildings or structures of any kind.
2.
Nothing contained herein, however, shall be construed to prohibit the use of any freshwater wetlands area for agriculture, horticulture, forestry, wild crop harvesting, wildlife sanctuaries, woodland preserves, and open space and low intensity uses such as hiking, trapping, fishing, canoeing, nature study, orienteering, horseback riding, and bicycling providing that such use is permitted in the zoning district in which the property is located and all required State and County approvals are received.
[Amended by Ord. No. 2003-2]
a. CARRYING-CAPACITY MODEL ISOLATED WETLAND NJGS GSR-32-NEW JERSEY GEOLOGICAL SURVEY, GEOLOGICAL SURVEY REPORT GSR32 NJ-RECHARGE-V4.XLS GROUNDWATER RECHARGE CALCULATIONS FOR NEW JERSEY PARCEL PINELANDS NITRATE MODEL WATERCOURSE
Legislative intent. The purpose of this section is to ensure and provide for high quality ground water in Southampton for residents' use, for protection of ecology and agriculture.
For the purposes of this subsection the following definitions shall apply:
The model described in A Recharge-Based Nitrate-Dilution Model for New Jersey. For residential applications, the model as implemented by NJ-N03-dilution-50.xls program.
A freshwater wetland or State open water which is not connected to a surface water tributary system discharging into a lake, pond, river, stream or other surface water feature. The term "connected to" includes all surface water connections whether regulated or not, as well as connections by way of stormwater or drainage pipes. "Connected to" does not include a ground water connection nor does it include overland flow unless there is evidence of scouring or erosion.
A method for evaluating ground water recharge areas in New Jersey.
An NJDEP EXCEL spreadsheet program that computes ground water recharge.
The area as described by a legal deed pertaining to the subject area.
Pinelands Commission Nitrate Dilution model.
Stream bed and drainage ditches leading to a stream bed.
b.
Background.
1.
The quality and quantity of ground water available directly affects the health and welfare of the population because ground water is the primary source of potable water for a significant number of Township residents.
2.
Ground water is the source of most water in our streams and therefore changes in the quality and quantity of ground water available will negatively impact the ecology of the Township.
3.
The agriculture in Southampton is dependent upon high quality ground water.
4.
Contamination of ground water by nitrates introduced by on-site disposal systems (i.e. septic systems) can result in a high concentration of nitrates.
5.
Pressure dosing systems do not reduce nitrate infusion any more than standard septic systems.
6.
Automobile storage for repossessions, gas stations, repair facilities, auto graveyards and used car lots have the potential to pollute the aquifers.
7.
Fertilization contributes to nitrate ground water contamination.
8.
Additional pollutants, such as chemicals, pesticides and animal waste can be introduced into the ground water.
9.
Rainwater penetration of the aquifer is necessary to dilute ground water contamination.
10.
The Office of State Planning, the New Jersey Department of Environmental Protection, and the Pinelands Commission promote and promulgate the use of Nitrate Dilution Models for land use purposes.
11.
It is desirable and necessary to regulate development, processes and activities that threaten Southampton ground water.
c.
General provisions.
1.
Protection and preservation of high quality ground water. Residential subdivisions as well as commercial and industrial facilities shall be designed to maintain the quality and quantity of ground water resources and maintain or decrease the ratio of runoff to infiltration. Natural drainage patterns shall be maintained wherever possible, and surface water runoff shall be directed in such a manner as to travel over stabilized, vegetated areas as opposed to potentially contaminated surfaces, such as parking lots. The goal shall be to reduce the level of pollutants in stormwater and to all vegetation and soils the ability to filtrate stormwater contaminates.
2.
Area soil restrictions. Nitrates are not confined by lot boundaries. Nitrate pollution is a cumulative problem wherein adjacent lots contribute to the sum total of the nitrate concentrations in the ground water. All proposed development shall consider soil conditions in the surrounding area of the subject parcel. The area considered for development must be able to provide for adequate recharge to dilute pollutants.
[Added by Ord. No. 2005-14]
a.
All lots where fill material is deposited shall have clean fill or topsoil deposited which shall be graded to allow complete surface drainage of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties, or which will violate the provisions regulating soil erosion and sediment control, soil removal or flood plain contained in this section and other applicable State regulations. Any topsoil disturbed during approved excavation and grading operation shall be redistributed throughout the site.
b.
Grading for lawn areas shall be kept to the minimum necessary to prevent standing water or other undesirable moisture conditions.
c.
The yards of every structure shall be graded to secure proper drainage away from the building and dispose of it without ponding in accordance with N.J.A.C. 5:23-3.14 and 3.21. Grading shall further ensure that drainage and surface water run-off complies with Pinelands Commission regulations, N.J.A.C. 7:50-6.84(a)(6).
No topsoil shall be removed from the site or used as a spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the site and shall be stabilized by seeding, sodding or planting. Under no circumstances shall any soil or earth be sold or otherwise removed from the site, unless application is made for a soil removal permit and approval granted by the Township Committee. Application for such removal shall be accompanied by a fee in the amount of $150.
When using fill for grading a site or any disturbed portion thereof, fresh topsoil, or at a minimum clean fill shall be used. "Clean fill" shall mean material that is not contaminated by solid wastes, infectious wastes, brick, block, concrete, glass, ceramics, wallboard, plastic, wood, metal, or demolition debris. Clean fill may contain small amounts of gravel, roots and other elements naturally occurring in soil. In no event shall the use of clean fill for grading relieve the developer from the obligations of meeting the above obligations.
If weather conditions or other circumstances make it temporarily difficult or impossible to comply with the terms or any other requirement of this subsection, the Township Engineer may permit such terms or requirements to be performed at such later date as he or she may specify. In such a case, a cash guaranty or third party surety bond shall be posted with sufficient easements to enable the Township to provide alternative performance.
Soil and fill may be stored on site for no more than six months to avoid the degeneration of piles and the creation of dangerous conditions. If soil or fill is to be used on the site and there is a need to store same in excess of six months, the individual or entity desiring to store the soil or fill may seek an extension for no more than six additional months from the Township Administrator, which shall be granted only upon a showing of good cause. All soil and fill stored on site must be placed within the front, rear, and side yard setbacks set forth for the property in question under the Township Zoning Ordinance.
[Amended by Ord. No. 2011-3]
a.
Prior to the issuance of a building permit, a developer of any property, whether it be a single lot, minor subdivision or major subdivision, shall supply a Grading and Drainage Plan to the Township Engineer for review and approval.
b.
The Grading and Drainage Plan shall meet the following criteria:
1.
Compliance with the provisions of this chapter of the Township Code;
2.
Percolation, water table and soils data for each lot being developed;
3.
Accurate delineation of flood plains and Federal Flood Hazard Zones; or a note that same are not present; and
4.
Lot grades to indicate drainage patterns.
c.
The Township Engineer shall review and approve or reject the Grading and Drainage Plan within 20 days of receipt of same. The Township Engineer may issue a conditional approval requiring the submission of additional information or plan revisions.
d.
Prior to the issuance of a Certificate of Occupancy, the developer shall request that the Engineer review and approve the final grading and drainage of the property through inspection. The Township Engineer shall conduct such inspection and issue an approval or rejection of the grading and drainage within 20 days of receipt of a request for inspection from the developer. The Township Engineer may condition approval requiring the submission of additional information or minor revisions.
e.
The developer shall pay an administrative fee and an escrow deposit to the Township for review and inspection costs of the Township Engineer under this process, which fee shall be payable at the time of submission of the Grading and Drainage Plan. The escrow funds shall be deposited in a non-interest bearing escrow account. The developer shall be responsible for the actual cost of review and inspection by the Township Engineer. The escrow account deposit may be increased if the amount of inspection and review time required by the Township Engineer exceeds the amount initially posted. Any remaining balance will be returned.
a.
Compliance with the provisions of this subsection shall be considered a "prior approval," which must be completed prior to the issuance of a Certificate of Occupancy in accordance with N.J.A.C. 5:23-2.23(a)1. Any complaints for violation(s) of this subsection shall be directed to the Township Administrator, or his or her designee, which shall be responsible for causing the issuance of a complaint and summons for an appearance in Municipal Court, and/or the Township Committee may seek other appropriate relief in New Jersey Superior Court. The Township Administrator, or his or her designee, shall have the authority to investigate all complaints and consult with the Township Engineer on same.
b.
Violation of this subsection shall be punishable by a fine of not less than $50 and not more than $1,000, at the discretion of the Judge of the Southampton Township Municipal Court. Each day a violation is outstanding shall be considered a separate violation under this subsection.
[Amended by Ord. No. 2008-14]
a. COMMERCIAL FARM 1. 2. FARM MANAGEMENT UNIT FARM MARKET PICK-YOUR-OWN OPERATION
Definitions:
A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
b.
The right to farm is hereby recognized to exist in Southampton Township and is hereby declared a permitted use in all zones of Southampton Township. This right to farm includes, but not by way of limitations:
1.
Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and lawful, humane trapping.
2.
Housing and employment of necessary farm laborers.
3.
Erection of necessary agricultural buildings, including those dedicated to the processing and packaging of the output of the commercial farm and ancillary to agricultural and horticultural production.
4.
The grazing of animals and use of range for fowl.
5.
Construction of fences for livestock and fowl, as well as to control depredation by wildlife.
6.
The operation and transportation of large, slow-moving equipment over roads within Southampton Township.
7.
Control of pest, including but not limited to insects and weeds, predators and diseases of plants and animals.
8.
Conduction of agricultural-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
9.
Use of any and all equipment, including but not limited to: irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and bird control devices.
10.
Processing and packaging of the agricultural output of the commercial farm.
11.
The operation of a farm market, including the construction of building and parking areas in conformance with Southampton Township standards.
12.
The operation of a pick-your-own operation.
13.
Replenishment of soil nutrients and improvement of soil tilth.
14.
Clearing of woodlands using open burning and other techniques when in conformance with New Jersey Pinelands Regulations; installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.
15.
On-site disposal of organic agricultural wastes.
16.
The application of manure and chemical fertilizers, insecticides and herbicides in accordance with manufacturer's instructions.
17.
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
18.
Agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the farm including, but not limited to, equestrian activities including the boarding of horses and riding instructions.
| Farm operators may engage in any other agricultural activity as determined by the State Agricultural Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.). |
c.
Farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
1.
Promulgated as rules by the State Agricultural Development Committee;
2.
Recommended as site-specific agricultural management practices by the County Agricultural Development Board;
3.
Approved by the local soil conservation district in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, as amended and supplemented; or
4.
Recommended by the Rutgers Agricultural Experiment Station.
d.
The foregoing activities must be in conformance with applicable Federal and State law.
e.
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
f.
It is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
g.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Burlington County Agricultural Development Board prior to filing an action in court.
h.
To help parties resolve conflicts involving the operation of commercial farms, the State Agriculture Development Committee has also established an Agricultural Mediation Program. Mediation is a voluntary process in which a trained, impartial mediator helps disputing parties examine their mutual problems, identify and consider options, and determine if they can agree on a solution, A mediator has no decisionmaking authority. Successful mediation is based on the voluntary cooperation and participation of all the parties.
i.
An additional purpose of this subsection is to promote a good neighbor policy. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture or in an Agricultural Development Area, meaning an area identified by the County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.
[Added 7-20-2021 by Ord. No. 2021-12]
All classes of cannabis establishments or cannabis distributors, as said terms are defined in Section 3 of P. L. 2021, c. 16, shall be prohibited uses in all zones in the municipality.
[Added 11-23-2021 by Ord. No. 2021-14]
a.
Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle supply/service equipment (EVSE) and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
b. CERTIFICATE OF OCCUPANCY CHARGING LEVEL 1. 2. 3. ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (or EVSE) MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, corporate parking fleet parking with no access to the general public), such as for omnibuses and vehicles only used for business purposes.
EVSE that is available for use by the general public whether on public or private property (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
c.
Approvals and permits.
1.
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2.
EVSE and make-ready parking spaces installed pursuant to Subsection 12-4.25d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in 1 above.
3.
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
4.
The Code Enforcement Officer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of the Township's land use regulations.
5.
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
6.
An application pursuant to Subsection 12-4.25c5 above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the Code Enforcement Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
8.
A zoning permit solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements in Subsection 12-4.25d below.
d.
Requirements for new installation of EVSE and make-ready parking spaces.
1.
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection 12-4.25d1 above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
e.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces required throughout this subsection.
2.
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection 12-4.25d above may be encouraged, but shall not be required in development projects.
f.
Reasonable standards for all new EVSE and make-ready parking spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines, and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
2.
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
3.
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the New Jersey State Police and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in Subsection 3-14.5 of this Code. Signage indicating the penalties for violations shall comply with Subsection 12-4.25f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with three or more units of dwelling space, mobile home park, or similar residential community consisting of three or more units of dwelling space on one or more parcels shall comply with Section 12-4.25d1.
(e)
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection 12-4.25f5 below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with this Code.
(c)
Adequate EVSE protection such as green-sleeved concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection 12-4.25f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, freight or passenger loading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Southampton shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle-removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection 12-4.25f5(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(1)
Hours of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number and email address) for reporting when the equipment is not operating or other problems.
6.
Usage Fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as publicly owned EVSE spaces shall be $0.05 for each minute that the electric vehicle is connected to the EVSE for a Level 2 charging station and $0.25 per minute for a Level 3 charging station.
(b)
This fee may be amended by a resolution adopted by the governing body.
(c)
Private EVSE: Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
At the time of major site plan and/or major subdivision application of any nonresidential use or for any residential use other than detached or semi-detached single-family or two-family dwelling units or patio homes or any use subject to historic review and approval, preliminary architectural plans and elevations shall be submitted by the applicant and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, demonstrating the aesthetic and visual impact and character of the proposed development. These architectural plans and elevations shall be binding on the applicant, and at the time of construction, the Construction Code Official shall verify that the actual construction plans and elevations submitted by the applicant are as approved by the Board. The ultimate builder of the development, whether or not the builder was the applicant, and the applicant are responsible to ensure the development as constructed is in visual conformity with the preliminary architectural plans and elevations submitted and approved by the Board.
a.
Buffer areas are for the primary purposes of screening views and reducing noise perception and glare from direct or reflected light from the subject lot. Buffer or screen plantings having a minimum width of 50 feet shall be provided adjoining the property line of commercial and other nonresidential property where said property adjoins residential zones. The screen planting shall be provided within the commercial or other nonresidential property and shall be included in the minimum yard dimensions given. No structure, activity, storage of materials, drainage basins, or parking of vehicles shall be permitted in the buffer area, except that underground utilities may be installed. The location and design of buffers shall consider the use being screened; the distance between the use and the property line; differences in elevations; the types of buffers, such as dense planting, existing woods, a wall or fence; buffer height and width; and other combinations of manmade and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
b.
A screen-planting strip shall be provided and maintained by the owner of the commercial or nonresidential property. Suggested evergreen trees and their required minimum planting distances on center with a minimum initial height of six feet at the time of planting, balled and burlapped as necessary for screen planting are as follows:
| White Pine (Pinus Strobus) | 10 feet O.C. | |
| Canadian Hemlock (Tsuga Canadensis) | 10 feet O.C. | |
| Douglas Fir (Pseudotsuga Taxifolia) | 10 feet O.C. | |
| Red Cedar (Juniperus Virginiana) | 6 feet O.C. | |
| Upright Japanese Yew (Taxus Cuspidata Capitata) | 6 feet O.C. | |
| Leyland Cypress (Cupressocyparis leylandii) | 10 feet O.C. |
c.
In all residential zones, that portion of the development abutting a freeway or arterial or collector street right-of-way and nonresidential use including agriculture shall either be provided with a minimum fifty-foot buffer between the development and the right-of-way or, where the topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the right-of-way. Berms shall not be less than four feet in height, and they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreen and deciduous trees according to an approved landscaping plan.
d.
All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or scattered plantings of trees, shrubs or other plant material, meeting the following requirements:
1.
The preservation of natural wooded tracts shall be an integral part of all site plans and subdivisions and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to service the purpose of a buffer.
2.
Shrubs and hedges used in screen planting shall be at three feet in height when planted and shall be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
3.
Except for existing preserved or transplanted vegetation, deciduous trees shall be at least 2.5 inches in caliper at the time of planting, balled and burlapped. All trees shall be of a species common to the area, of nursery stock and free of insects and disease.
4.
Any plant material, which does not live for at least one year, shall be replaced during the next growing season.
5.
Screen plantings and landscaping shall be broken only at points of vehicular and pedestrian access in order to assure a clear sight triangle.
[Amended by Ord. No. 2003-13]
a.
Drainage.
1.
A stormwater collection system shall be provided for all land development. Inlets and pipes shall be provided where the same are necessary for proper drainage. The system shall be adequate to dispose of or store the stormwater and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development, calculated on the basis of maximum potential development as permitted under the zoning provisions of this chapter. In general, no stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or to create flooding or the need for additional drainage structures on other private properties or public lands without proper, approved provisions being made.
2.
Blocks and lots shall be graded to secure proper drainage away from all buildings, to prevent the ponding of stormwater on lots and to provide for reasonable use of the land without detrimental effect to adjoining land.
b.
Flood plain protection, delineation and encroachment.
1.
Flood plain protection, delineation and encroachment shall be as described and in conformance with all applicable rules and regulations of the New Jersey Department of Environmental Protection (NJDEP), Division of Water Resources, Bureau of Flood Plain Management, as amended and revised to date. All streams or watercourses shown as a blue line on the New Jersey State Atlas or United States Coast and Geodetic Survey maps or with an upstream drainage area of 50 acres or more, which affect a development, shall be delineated by the developer and submitted and approved by the NJDEP if previous delineation has not been made. Such delineation shall be by backwater calculations and based upon the HEC-2 analysis or the standard step method based upon the Bernoulli and Manning equations.
2.
Land subject to periodic or occasional flooding shall not be platted for residential occupancy, nor shall such lands be platted for any other purpose, which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open space, yards or similar uses in accordance with flood plain regulations.
3.
Areas within the flood plains and other critical areas shall be delineated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.
4.
In the case of any lot containing a floodway and on which regrading and/or construction is proposed, the regrading or construction shall not be permitted unless a stream encroachment permit has been issued by the NJDEP, where required by state regulations, or any permit required by law.
c.
Stormwater management.
1.
Purpose.
(a)
To reduce artificially induced flood damage to public health, life and property.
(b)
To minimize increased stormwater runoff from any new land development.
(c)
To maintain the adequacy of existing and proposed culverts and bridges, dams and other structures.
(d)
To induce water recharge where natural storage and geologically favorable conditions exist.
(e)
To prevent, to the greatest extent feasible, an increase in nonpoint source pollution.
(f)
To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes by minimizing disturbance of native vegetation.
(g)
To reduce the impact of development upon stream erosion.
(h)
To reduce erosion from any development or construction project by minimizing clearing and grading to the maximum extent possible.
(i)
To minimize the increase in runoff pollution due to land development, which otherwise would degrade the quality of water and may render it both unfit for human consumption and detrimental to biological life.
(j)
To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion and runoff pollution, and minimizing impervious surfaces to the maximum extent possible.
(k)
To minimize impacts to the wetlands with State and Federally listed endangered species.
(l)
To maintain 100% of average annual ground water recharge volume.
2.
General provisions. Stormwater management and stormwater quality for all subdivision and site plans shall be in accordance with the New Jersey Stormwater Management Act, P.L. 1981, c.32, and, where required due to location, the New Jersey Pinelands Comprehensive Management Plan, both as amended and revised to date.
d.
Design criteria.
1.
Runoff computations.
(a)
Computation of the rate of flow at any given location shall be based on the rational formula, as follows:
| Q = CIA |
| Where: | ||||
| Q | = | Volume in cubic feet per second | ||
| C | = | Runoff factor | ||
| I | = | Intensity of rainfall in inches per hour | ||
| A | = | Watershed area in acres | ||
(b)
In setting the value of the runoff coefficient "C," consideration will be given to the physical features of the drainage basin and the best available data on the future density of development of the drainage basin. In no case shall it be less than 0.40.
2.
The intensity of the storm shall be based on the following:
(a)
As a minimum, a five-year storm shall be used where excess flow can continue downhill in the street without flooding adjoining properties.
(b)
As a minimum, a ten-year storm shall be used at low points with a relief swale or a twenty-five-year storm where carried in a pipe.
(c)
As a minimum, all culvert designs shall be based on a twenty-five-year storm. The Rainfall-Intensity-Duration-Frequency Curve for Philadelphia, presented in Technical Paper No. 25, prepared by United States Department of Commerce Weather Bureau, shall be used.
(d)
Standard headwalls shall be installed on all pipes, and, additionally, trash bars shall be installed on all pipes equal to or greater than 24 inches in diameter.
3.
Pipeline design. Storm sewer pipelines shall be designed by either of the following two methods. Both shall be based on the Manning equation and shall utilize the following factors:
| n = 0.015, concrete pipe | ||
|---|---|---|
| n = 0.021, corrugated metal pipe | ||
| The minimum allowable pipe size is 15 inches. | ||
(a)
Pipeline submerged.
(1)
This method is based on the assumption that, when the storm sewer system is under maximum load, the hydraulic gradient will be at or above the crown of the pipe and that flow in the lines will be controlled by head differentials between structures or other locations where the system is open to the ground surface, such as inlets or outlets, manholes and stream inlets or outlets. The head of water above the crown of any pipe can range from zero feet to a point, which will not cause surface flooding.
(2)
The slope of the hydraulic gradient in any section of storm sewer between opening to the surface shall be calculated on the assumption that the pipe is flowing full at a constant velocity and at the required capacity.
(3)
The elevation of the hydraulic gradient at any point in the pipe shall be no lower than the surface of the ground.
(4)
The elevation of the hydraulic gradient at any point where the system opens to the surface, such as an inlet or manhole, shall be three feet below the surface of the ground.
(5)
At all structures, such as manholes, inlets, etc., where the pipe size does not change, the elevation of the hydraulic gradient shall be dropped 0.2 foot to allow for losses therein. Where the inlet and outlet pipe sizes are not the same, the elevation of the hydraulic gradient shall be dropped an amount based on the following formula:
| H | = | 0.2 foot + 0.8 (D2 - D1) feet | |
|---|---|---|---|
| D1 | = | Diameter of inlet pipe | |
| D2 | = | Diameter of outlet pipe | |
| If D1 is larger than D2, head loss equals 0.2 foot. | |||
(6)
The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full.
(b)
Pipeline flowing full.
(1)
This method is based on the assumption that the hydraulic gradient will match the inside top of the pipe when the system is under maximum hydraulic load.
(2)
For this method, head losses through manholes, inlets, etc., shall be ignored.
(3)
The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full.
(4)
When the pipe sizes change, the inside tops of the pipes shall be matched.
(c)
Continuous profiles for each reach of pipe shall be plotted, along with the location of the hydraulic gradient and the hydraulic information pertinent to each reach within the system. This information shall include the pipe size and type, the "n" factor, the slope of the hydraulic gradient, slope of the pipe, the design capacity and the velocity at the design capacity.
4.
Inlet design.
(a)
Stormwater inlets shall be equal to New Jersey State Highway Department inlet, Type B. The maximum collecting capacities of the inlets shall be considered to be:
(1)
When installed on streets where the grade is 1.00%: five cubic feet per second.
(2)
When installed on streets where the grade is 2.00%: 4.8 cubic feet per second.
(3)
When installed on streets where the grade is 3.00%: 4.6 cubic feet per second.
(4)
When installed on streets where the grade is 4.00%: 4.4 cubic feet per second.
(5)
When installed on streets where the grade is 5.00%: 4.2 cubic feet per second.
(6)
When installed on streets where the grade is 6.00%: four cubic feet per second.
(b)
Sufficient inlets shall be located and constructed so that the length of surface runoff will not contribute a runoff to the inlet exceeding the preceding designated collecting capacities.
(c)
The gutter grate of all inlets shall be set not less than two inches nor more than four inches below the gutter grade. The surface of the paving adjacent to the inlets shall be constructed to blend into the lowered gutter grade at the inlet in such a manner that a sudden drop-off or dip at the inlet will not be created. At such locations where drainage is entirely dependent on inlets, the collecting capacities of the inlets shall be designed for 1/2 the preceding considered capacities.
(d)
Where surface water is collected from two directions at one street corner, inlets shall be placed at, or near, the tangent points of both ends of the radius. The use of one inlet in the radius shall not be allowed.
(e)
Access manholes shall be spaced at five hundred-foot intervals (maximum) through rights-of-way and at sewer junctions where there are no catch basins.
5.
Open channel design. Open ditches or channels will not be permitted when the design capacity requires a fifteen-inch pipe or larger unless approved by the Township Engineer. Where permitted, open-channel design should be based on the following hydraulic considerations:
(a)
Manning's equation.
(1)
Factors:
| n = | 0.015, best concrete-lined ditch | |
| n = | 0.025, best unlined ditch | |
| n = | 0.03 to 0.15, fair-to-poor natural streams and watercourses |
(2)
Velocity.
| Excavation Material | Velocity (feet per second) | |
|---|---|---|
| Fine sand and firm load | 2.50 to 3.5 | |
| Stiff clay and hardpan | 3.75 to 6.0 | |
| Concrete-lined ditch | 15.0 |
(b)
Ample freeboard should be provided on all channels.
(c)
The channel should be designed to conform, wherever possible, to the adjacent ground conditions. This means that it should not be projecting excessively above the surrounding ground or placed excessively below the surrounding ground.
(d)
Continuous profiles for each reach of open channel shall be plotted, along with the adjacent average ground and the hydraulic information pertinent to each reach within the system. This information shall include the type of channel lining, the "n" factor, the width of the channel bottom, the side slopes, the water depth, the design capacity and the velocity at the design capacity.
(e)
Open channels shall have a maximum side slope of three to one and shall have adequate slope protection.
6.
Culverts. All culverts shall be limited to a single opening. Multiple pipes will not be permitted. The design of culverts shall be such as to minimize the probability of debris accumulation.
7.
Retention basin design.
(a)
Retention ponds will be required in all major development unless deemed unnecessary by the Township Engineer.
(b)
Retention ponds shall be designed to limit the stormwater runoff after development to a controlled rate of flow equal to or less than the stormwater runoff prior to development. The required storage in the basin should be for twenty-five-year storm, with the outflow from the basin limited to a ten-year storm. Complete calculations for the basin should be supplied at the time the preliminary plan is submitted. These calculations should include runoff prior to development, runoff after development and complete calculations for the sizing of the basin, including the outfall pipe.
(c)
Detention facilities shall be designed to accommodate runoff from the development of the site for the two-, ten- and one-hundred-year storm events so that the post project construction peak runoff rates are reduced by 50%, 75% and 80% respectively.
(e)
The design calculations should be based on time intervals of five to 10 minutes and indicate inflow, average inflow by time interval, outflow, average outflow by time interval, incremental change in storage and height of water in pond.
(f)
In most instances, retention ponds will be designed to completely empty after a rainstorm occurs and will only have standing water for a short period of time during a storm. In those instances where existing or proposed permanent ponds will be used as retention ponds, they must have a minimum of four feet in depth and provide adequate freeboard to function as a normal retention pond.
(g)
If a stormwater management plan for the region or watershed exists, approved and adopted pursuant to the NJDEP Rules at N.J.A.C. 7:8, the stormwater management system shall conform to that plan.
8.
The water quality design storm shall be defined as the one year frequency S.C.S. Type III, twenty-four-hour storm or 1.25 inches of rainfall falling uniformly in two hours. Where detention basins, wet basins, ponds, constructed wetlands, infiltration structures, dry wells or other devices are used to control the quantity or rate of development runoff, they shall reduce suspended solid loads by 80% and reduce nutrient loads to the maximum extent possible.
a.
Utility easements. Utility easements along property lines or elsewhere for public purposes may be required. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility.
b.
Conservation easements. Conservation easements and flood plains shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The removal of trees and ground cover shall be prohibited in such easements except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and brush to encourage the most desirable growth, the removal of trees to allow for structures designed to impound water or convey stormwater, the removal of trees in areas to be flooded in the creation of ponds and lakes and the installation and maintenance of utilities.
c.
Monuments. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines, except when a lot line forms the side or centerline of the easement.
d.
Drainage. Whenever the internal grading of a lot is part of the design of the drainage of stormwater system, as by swale, berm or other topographic feature designed to intercept or direct water, the same shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage feature. The recorded instrument or filed map shall contain a metes-and-bounds description of the easement, as well as an outline of the rights of the grantee in such easement, including but not limited to construction, reconstruction, replacement, repair, maintenance and enlargement of the facilities within the easement.
No development shall occur within Southampton Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those rare threatened or endangered animal and plant species designated by the Natural Heritage Program and the Department of Environmental Protection pursuant to N.J.S.A. 23:2A et seq. All development or other authorized activity shall occur in the Township in a manner, which avoids disturbance to fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife.
[Amended 8-20-2020 by Ord. No. 2019-05; 1-21-2020 by Ord. No. 2020-02]
a. FENCE
Definitions. As used in this section, the following terms shall have the meanings indicated:
An artificially constructed barrier of wood, metal, masonry, vinyl (PVC), or a combination of comparable construction materials, erected for the enclosure or partial enclosure of land and/or dividing one piece of land from another. For the purposes of this subsection, walls and gates shall be considered a fence, whether freestanding or attached to a fence or other structure.
b.
Permits required.
1.
No fences shall be erected or otherwise altered within the Township without the owner of the premises or its representative obtaining a zoning permit from the Zoning Officer. Unless otherwise exempted, fences measuring six feet or more in height shall require a construction permit from the Construction Official subsequent to the receipt of a zoning permit. If deemed necessary by the Zoning Officer, the zoning permit application shall be forwarded to the Township Engineer for review and comment, at no additional charge to the applicant. The application for a zoning permit shall be on such form as prepared by the Zoning Officer and shall include the following information:
(a)
The owner and address of the premises where the fence is to be erected.
(b)
The name and address of the company or person installing the fence.
(c)
A sketch or catalogue cut sheet of the proposed fence indicating its construction materials, dimensions, and method of construction.
(d)
A plot plan or survey of the premises in question, which shall be annotated to include the location of the proposed fence, the location of structures within 10 feet of the proposed fence, and any trees and vegetation to be removed to construct the fence.
(e)
Except for sight triangle easements, if a fence is to be located within an easement granted to the Township or Burlington County, the property owner shall provide a signed statement indicating that it is aware that the fence or wall is to be located within an easement and that it agrees to remove and later replace the fence or wall at their expense if such action is required by the Township or Burlington County in order to conduct maintenance work. In no case shall a fence within a sight triangle area exceed 2 1/2 feet.
c.
General fence requirements.
1.
All fences shall be of durable quality materials and installed in a good workman-like manner.
2.
All fences shall be maintained by the owner of the premises on which the fence is constructed.
3.
All fences shall be constructed with the face, or finished side, away from the property and the structural side toward the interior.
4.
Fences may be located along a property line, except as otherwise provided in this section.
5.
Barbed wire, razor wire, deer fencing, and electrified wire fences are prohibited, unless exempted in this chapter.
6.
For the purposes of this section, front yard fence standards shall apply to the side upon which a through lot has its street address and to both front yards for corner lots.
d.
Regulations for fences in TC and TCI Residential Zoning Districts are as follows:
1.
The front yard of all lots may be clearly defined by landscaping, hedging, picket fencing, or a wall that defines the transition from public to private space.
2.
Fences, hedges, and walls shall be limited to a maximum of 3 1/2 feet in height.
3.
Walls and fences shall be architecturally compatible with the style, materials and colors of the principal building on the same lot.
e.
Regulations for fences in other residential zoning districts (AP, AR, FA, FB, FC, MH, RC, RD, RR, and RR1) and for preexisting, nonconforming residential uses in all other zones are as follows:
1.
Fences shall be no closer than four feet to the street line.
2.
No fences greater than four feet in height may be erected between the street line and the front yard setback.
3.
Front yard fences shall not block visibility by more than 50%.
4.
Fences not exceeding six feet in height above the ground level may be erected from the building setback line to the side property lines and from the building setback line to the rear of the property and along the rear yard.
5.
A tennis or basketball court area, located in a rear yard area only, may be surrounded by a chain-link fence a maximum of 15 feet in height; said fence is to be set back from any lot line the required distance required for accessory buildings in its zoning district.
f.
Regulations for fences for nonresidential uses in the HC, I, MC, and VC Districts are as follows:
1.
Fences shall be no closer than four feet to the street line.
2.
Fences shall not be less than four feet nor more than eight feet in height.
3.
Fences may not be located in such a manner as to impede required sight distance areas for driveways or roadways, for pedestrians, cyclists, and motorists.
4.
No fence shall be erected to restrict or otherwise alter the vehicular traffic flow unless approved by the Planning Board or Zoning Board of Adjustment.
5.
Nonresidential fences shall require review and approval by the Planning Board or Zoning Board of Adjustment, as may be required.
g.
Exceptions:
1.
Fences accessory to commercial farm operations and the keeping of livestock in all zoning districts.
2.
High-tensile, woven-wire deer fencing up to 10 feet in height on commercial farms, as recommended by the State Agricultural Development Committee.
3.
Fences accessory to any public utility, property, facility, park, playground, or school premises.
4.
Fences approved as part of a subdivision or site plan application.
5.
Existing fences and those approved to be erected at the time of passage of this chapter.
6.
There shall be no permit fee or permit required for a property owner maintaining, repairing or replacing like-kind fencing.
h.
Violations; penalties; fees.
1.
Upon discovery of an alleged violation of this subsection, the Zoning Officer shall serve written notice, either by personal service or certified mail, return receipt requested, to the owner of the fence or wall and/or the owner or lessee of the property where the fence or wall is located, ordering the fence or wall to be brought into conformity with the provisions of this chapter, or its removal, within 30 days of the date of said notice. The notice shall include notification that if the fence or wall is not brought into conformity or removed within such time, a summons and/or complaint will be issued by the Zoning Officer.
2.
Except as noted in Subsection g6 above, fees for the erection or alteration of a fence shall be $10 per $1,000 or fraction thereof of the full-market value plus a $5 fee for the certificate of conformity.
a.
Street trees. All land development devoid of major trees, along arterial and collector streets of a development and along proposed roads and street rights-of-way where natural woods are not present and where, due to construction, a portion or the entire right-of-way is cleared, the following provisions shall apply:
1.
Trees shall be planted along both sides of all streets as approved by the Planning Board or Zoning Board of Adjustment and recommended by Shade Tree Commission.
2.
All planted trees shall have a minimum diameter of 2.5 inches measured six inches above the ground and be of a species approved by the approving authority. The standing height shall be a minimum of 12 feet. All trees shall be brought to the site balled and burlapped or other acceptable means, free of insects and disease and true to species and variety.
3.
Trees shall be planted no more than 40 feet apart in a planting easement. In the alternative, if applicable, an equivalent number of trees shall be planted in an informal arrangement.
4.
Street trees shall be planted between the curb and the sidewalk. Attention to tree selection should be based on providing trees that will not contribute to severe buckling of the sidewalk. The planting bed shall be at least eight feet in width. A polyurethane root barrier shall be installed to depth of 18 inches between the planting bed and sidewalk or curb if the planting bed is less than the required eight feet width.
5.
Stripping trees or filling more than six inches around trees shall not be permitted unless it can be shown that construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots.
6.
Planted trees that do not live shall be replaced by the developer during the next planting season.
8.
All trees shall be installed in accordance with the American Nurserymen Guide.
9.
The recommended tree list for Southampton Township in all non-Pinelands areas is as follows:
Red Maple (Acer rubrum).
Scarlet Oak (Quercus coccinea).
Shumard Oak (Quercus shumardii).
Pin Oak (Quercus palustris).
Willow Oak (Quercus phellos).
Littleleaf Linden (Tilia cordata).
Golden Raintree (Koelreuteria paniculata).
Sugar Maple (Acer saccharum).
European Hornbeam (Carpinus betulus "fastigiata").
Magnifica Hackberry (Celtis x occidentalis "magnifica").
White Ash (Fraxinus americana).
Green Ash (Fraxinus pennsylvanica).
Ginko (Ginkgo biloba).
"Starburst" Amur Maackia (Maakia amurensis "Starburst").
Sawtooth Oak (Quercus acutissima).
Swamp White Oak (Quescus bicolor).
Bur Oak (Quercus macrocarpa).
Zelkova (Zelkova serrata).
b.
General landscaping provisions.
1.
Landscaping provided as part of any development plan should provide for a variety and mixture of plantings. The selection should consider susceptibility to disease, soil characteristics, season, textures, shapes, flowers, and foliage. The site plan and/or subdivision plan shall show the location, species, and size at planting and quantity of each plant. The applicant is encouraged to utilize native plant material as indicated in paragraph d. below. A conscious effort shall be made to preserve the existing vegetation on-site during the design, planning and construction of any development.
2.
Where new landscaping or lawn area has been provided for nonresidential uses, underground irrigation of the area shall be provided, where practicable and feasible, except where the Board determines that underground irrigation may be unreasonable.
c.
Protection of existing vegetation.
1.
Trees designated to remain on the construction sites are to be protected with a physical barrier as follows:
(a)
A physical barrier shall be installed around each plant or group of plants that are to remain on the site.
(b)
This barrier shall be constructed of a durable material that will last until construction is completed.
(c)
Barriers shall not be supported by the plants they are protecting.
(d)
Each barrier shall be a minimum of four feet in height and shall be placed a minimum of six feet from each plant or group of plants they are designed to protect.
(e)
Barriers shall be installed prior to excavation or construction.
2.
The grade of land located within dripline or six feet which ever is greater of a tree shall not be raised or lowered more than six inches unless compensated by welling or retaining methods described herein. In situations of specimen trees with shallow surface rooting, grading shall not occur within a twelve-foot radius of the tree trunk.
3.
Tree wells are to be constructed around each tree or group of trees prior to an increase in grade. Wells are to be constructed of stone, block or any other suitable material without the provision of a bonding material such as cement. The well should be a minimum of three feet in diameter for four inches or less caliber trees. For trees with more than a four inch caliber, an additional one foot should be added to the diameter of the well for each additional inch of caliper measured 12 inches above the natural ground level. The maximum well size shall not exceed eight feet in diameter.
4.
Retaining walls are to be constructed around each tree or group of trees immediately after grade is lowered. This retaining well shall be constructed of pressure treated timber or any other suitable material as approved by the Planning Board.
5.
Any clearing within six feet of tree trunks must be done by hand. No equipment shall operate within this area and no building materials shall be stacked against the trees or within the area of the barrier.
6.
Topsoil shall be stockpiled in an area at least eight feet or beyond the dripline, whichever is greater from any tree designated to remain.
7.
Every effort should be made to preserve trees that are determined to be of significant value as indicated by the Department of Environmental Protection.
a.
Street lighting of a type supplied by the utility and of a type and number approved by the Township Engineer shall be provided for all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. The applicant shall provide for underground service for street lighting.
b.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare full cut-off lights (monochromatic preferred) focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandles and not exceed a maximum of one and 1.0 footcandle. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source, spaced a distance not to exceed five times the mounting height.
c.
Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in a manner as to interfere with or distract driver vision. The intensity of the light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.
d.
The maximum cutoff angle shall be used to shield light source glare and unwanted light from adjacent properties and motorists approaching on bounding roads and highways. Light spillage of more than 0.2 footcandles onto adjacent properties shall be prohibited. No lights shall be of a rotating, pulsating or other intermittent frequency.
e.
The following information shall be submitted for review and approval of all lighting systems:
1.
Site plan showing existing and proposed streetlights within 100 feet of the property area to be lighted, location of all poles and luminaries, illumination levels using photometric curve plotting or point-by-point grid showing footcandles of illumination at each point.
2.
Type of luminaries, including manufacturer's data.
3.
Type and wattage of lamp, including manufacturer's data.
4.
Mounting height of luminaire.
5.
Photometric data and isolux curves of the luminaire and lamp proposed. Photometric curves shall be drawn to the same scale as the site plan scale and shall show maintained footcandle levels of illumination.
6.
Type of pole and manufacturer's data.
7.
Pole base and foundation design and details. Anchor bolts shall be in accordance with Township standards.
a.
Insofar as is practical, lots shall be rectangular, lot lines shall be straight, and side lot lines shall be either at right angles or radial to street lines.
b.
Each lot must front upon an approved paved street.
c.
No lot shall be formed from part of a lot 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 provisions of this chapter.
d.
Corner lots shall be of sufficient size to allow building setbacks to meet the front yard requirements along each street. Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard.
e.
Extra width for street widening to comply with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, shall be anticipated by increasing the lot size in anticipation of the future right-of-way.
f.
Where there is a question as to the suitability of a lot due to flood conditions, high-water table or poor visibility at street and driveway intersections or where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal or similar circumstances, the approving authority may withhold approval of such lot or require deletion of such lot with the area merged into an adjacent lot.
BULK REQUIREMENTS
1.
The following chart indicates the bulk requirements for the Rural Development (RD) zoning district per the Southampton Township Land Development Regulations:
| Requirements | Existing | Proposed | ||
|---|---|---|---|---|
| Lot Size | 3.2 acres | 1.049 acres | 1.049 acres** | |
| Lot frontage | 250 feet | 152.79 feet | 152.79 feet** | |
| Front yard setback | 100 feet | 101.53 feet | 101.53 feet | |
| Side yard setback | 75 feet | 37.82 feet | 27.93 feet* (west) | |
| Side yard setback | 75 feet | 59.31 feet | 59.31 feet* *(east) | |
| Rear yard setback | 100 feet | 107.14 feet | 66.59 feet | |
| Impervious coverage | 1% | 10.1% | 13.69%* |
| NOTES: | ||
|---|---|---|
| * | Variance Required | |
| ** | Variance required, pre-existing non-conforming condition | |
| Chapter 12-5.9(g) Any nonconforming lot legally existing on the date of adoption of this chapter and not meeting the definition as found in Subsection 12-2.3 may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceed, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot is the largest possible assemblage of contiguous land. The side and rear yards may be reduced to the same percentage that the area of the undersized lot bears to the zone district requirements, except that no yard shall be less than 1/2 that required by the chapter or 5 feet, which ever is greater. | ||
2.
To grant bulk variance approval, the applicant must demonstrate that, by reason of exceptional narrowness, shallowness or shape of the property, or by reason of an extraordinary and exceptional situation that peculiar and exceptional practical difficulties and undue hardship have resulted. The applicant should also demonstrate that the benefits derived from the granting of the variance outweigh the detriments.
g.
Any nonconforming lot legally existing on the date of adoption of this chapter and not meeting the definition as found in Subsection 12-2.3 may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot is the largest possible assemblage of contiguous land. The side and rear yards may be reduced to the same percentage that the area of the undersized lot bears to the zone district requirements (e.g., if the lot is 75% of the minimum lot size, the side and rear yards may be reduced to 75% of the minimum), except that no yard shall be less than 1/2 that required by the chapter or five feet, which ever is greater.
h.
Where two or more contiguous lots exist under the same ownership and one or more of said lots do not conform to the area and/or dimension requirements of this chapter, said contiguous lots shall be considered merged into the greatest number of conforming lots.
i.
Flag lots.
1.
Flag lots shall be permitted on single-family detached lots only when they are deemed by the Planning Board to be in the best interests of the Township and/or for the purpose of reducing negative impact on the natural environment.
2.
The maximum number of flag lots permitted in any subdivision shall be no greater than 15% of the total number of lots proposed unless additional flag lots are specifically approved by the Planning Board for good cause shown.
j.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
a.
Application. No new building shall hereafter be erected, and no existing building be altered to increase its floor area or income, employment or occupancy unless and until off-street parking facilities as set forth in the limiting schedule or other sections of this chapter where applicable shall be provided for the storage or parking of passenger motor vehicles for the use of occupants, employees or patrons of buildings erected or for the portion enlarged or altered.
b.
Clear access. The provision of parking and loading spaces shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space without requiring the moving of any other motor vehicles except for a driveway providing access to a private residential garage. Aisles providing access to parking areas shall have the following minimum dimensions:
|
Angle of Parking Space
|
1-Way Aisle
(feet)
|
2-Way Aisle
(feet)
|
|
|---|---|---|---|
|
90°
|
25
|
25
|
|
|
60°
|
18
|
20
|
|
|
Parallel
|
12
|
18
|
c.
Nonresidential access. Drives shall be limited to two for any street, except when the frontage exceeds 500 feet, the number of drives may be based on one drive for each 250 feet of property frontage. The centerlines of access points shall be spaced at least 65 feet apart. Each drive shall handle not more than two lanes of traffic; be at least 100 feet from the street line of any intersecting street; and be at least 20 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.
d.
Curbing. Parking areas containing six or more spaces and all off-street loading areas shall have concrete curbing around the perimeter in conjunction with a drainage plan. In lieu of concrete curbing, the approving authority may accept equivalent methods of defining the edge of paving, preventing vehicles from encroaching upon nonpaved areas, controlling drainage and guiding traffic circulation. Curbing or any alternative shall be ramped in accordance with the Design Standards for the Physically Handicapped of the New Jersey Department of Transportation.
e.
Buffers. Parking areas for six or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses and shall meet the standards of Subsection 12-5.2.
f.
Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Township Engineer and in accordance with the drainage provisions of Subsection 12-5.3. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the subgrade and filled with a suitable subbase material as determined by the Township. Where required by the Engineer, a system of porous concrete subsurface drains shall be constructed beneath the paving and connected to a suitable drain. Parking spaces shall have a minimum grade of one and 1.0%.
g.
Surfacing. Surfacing shall be approved as part of the plan approval. Areas to experience heavy traffic, e.g., driveways and loading areas, shall be paved over a stable subbase with not less than four inches of compacted, plant-mixed bituminous stabilized base course in layers of not more than two inches compacted thickness, or equivalent, plus a minimum two-inch thick compacted thickness, or equivalent, plus a minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) or equivalent. Areas to experience lighter traffic, e.g., parking spaces, shall have paving of three inches of compacted base course and 1.5 inches compacted wearing surface of the same material. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation. Speed bumps or similar devices which have the intent of providing physical obstruction to inhibit speeding, consisting of raised or depressed portions of driveways in off-street parking areas, shall not be permitted.
h.
Landscaping. Landscaping within parking and loading areas shall be shown on the site plan, including the buffer requirements in Subsection 12-5.2. Trees shall be spaced so as not to interfere with driver vision, have branches no lower than eight feet and be placed at the rate of at least one tree for every 10 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live, shall be replaced within one year or one season. A majority of the parking spaces for lots with more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination.
i.
Size of stall. An off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area should be at least 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Entrance and exit roadways shall not be computed as parking space except for single-family residences. No area in existing right-of-way areas in public roads shall be used to satisfy the parking space requirements.
j.
Minimum parking requirements. The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure as noted below. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts, unless indicated otherwise.
1.
Auto/truck sales: one space per 50 square feet of showroom and sales office area.
2.
Bowling alley: four spaces per alley.
3.
Car wash: eight spaces per washing lane.
4.
Church: one space per three seats.
5.
Community swimming pool: one space per 15 square feet of surface area.
6.
Day care center: one space per 60 square feet of gross floor area.
8.
Financial institution: one space per 250 square feet of gross floor area.
9.
Golf course: four spaces per hole.
10.
Hospital: 1.5 spaces per bed.
11.
Lumber and contractor's yard: one space per 5,000 square feet of gross yard area.
12.
Manufacturing, assembly and fabrication: one space per 800 square feet of gross floor area.
13.
Medical professional: one space per 150 square feet of gross floor area.
14.
Motel: 1.1 spaces per unit.
15.
Mortuary: 10 spaces per viewing room and chapel.
16.
Movie theater: one space per three seats; one space per four seats in shopping center.
17.
Nightclub: one space per three seats.
18.
Office and office building: one space per 250 square feet of gross floor area.
19.
Personal service: one space per 200 square feet of gross floor area.
20.
Professional home occupation (nonmedical): one space per 200 square feet.
21.
Research: one space per 800 square feet of gross floor area.
22.
Restaurant: one space per two seats.
23.
Retail store: one space per 200 square feet of gross floor area.
24.
Service station: five spaces per bay.
25.
Shopping center: one space per 200 square feet of gross floor area.
26.
Veterinary hospital: six spaces per examination room.
27.
Warehouse, shipping and receiving: one space per 5,000 square feet of gross floor area.
28.
Wholesale fuel distribution: one space per 10,000 square feet of gross yard area devoted to use.
k.
Location.
1.
Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this subsection, except in the following cases:
(a)
When it is determined during site plan review that the requirements for on-site off-street parking spaces to service the use shall be specified on the site plan for approval by the Board.
(b)
A cooperative arrangement between nonresidential uses on different lots or premises has been approved by the Planning Board or Zoning Board of Adjustment, as the case may be.
2.
Parking spaces shall be located at least 20 feet from any building and 15 feet from any street right-of-way. No loading areas shall be in the front yard.
3.
No parking or loading space shall be located in any required buffer area.
4.
Parking spaces located to serve residential uses shall be convenient to the intended use, but generally within 150 feet of the entrance to the building. For nonresidential uses, they shall generally be located within 300 feet of the entrance to the building.
5.
No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
l.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with Subsection 12-5.8.
m.
Handicapped parking.
1.
The required handicapped parking spaces shall be located as close as possible to elevators, ramps and walkways and no more than 200 feet from an accessible entrance. The parking spaces shall conform to the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-7.13 and 5:23-7.14 and the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.
2.
Handicapped spaces shall be identified by a sign facing the end of each space and by painting in the space itself displaying the international symbol.
n.
Loading space. Off-street loading spaces shall have 15 feet of vertical clearance and shall be designed in accordance with the following schedule, except that the loading space may be reduced to 40 feet in length in cases where the site is to be serviced by vans or smaller trucks with less than four axles and when the site plan is approved by the Board:
|
Loading Space
|
Apron Length
(feet)
|
|||
|---|---|---|---|---|
|
Length
(feet)
|
Width
(feet)
|
90°
|
60°
|
|
|
60
|
10
|
72
|
66
|
|
|
60
|
12
|
63
|
57
|
|
|
60
|
14
|
60
|
54
|
|
o.
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the following schedule. Those uses not listed shall provide sufficient spaces as determined under site plan review.
|
Off-Street Loading Schedule
|
|||||
|---|---|---|---|---|---|
|
Minimum Number of Spaces*
|
Gross Floor Area at Which First Berth is Required
|
Gross Floor Area at Which Second Berth is Required
|
Additional Gross Floor Area Each Additional Berth
|
||
|
Auto/truck sales
|
1
|
10,000
|
40,000
|
40,000
|
|
|
Bowling alley
|
1
|
10,000
|
100,000
|
100,000
|
|
|
Contractor's yard
|
1
|
10,000
|
25,000
|
20,000
|
|
|
Financial institution
|
0
|
10,000
|
100,000
|
100,000
|
|
|
Hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
|
Lumberyard
|
1
|
10,000
|
25,000
|
20,000
|
|
|
Manufacturing/ fabrication/assembly
|
1
|
5,000
|
40,000
|
30,000
|
|
|
Medical center
|
0
|
10,000
|
100,000
|
100,000
|
|
|
Mortuary
|
1
|
10,000
|
100,000
|
100,000
|
|
|
Motel
|
1
|
10,000
|
100,000
|
100,000
|
|
|
Nightclub
|
1
|
10,000
|
25,000
|
20,000
|
|
|
Office and office building
|
1
|
10,000
|
100,000
|
100,000
|
|
|
Personal service
|
0
|
10,000
|
20,000
|
20,000
|
|
|
Research
|
1
|
5,000
|
40,000
|
40,000
|
|
|
Restaurant
|
1
|
10,000
|
25,000
|
20,000
|
|
|
Retail store
|
1
|
10,000
|
20,000
|
20,000
|
|
|
Shopping center
|
1
|
10,000
|
40,000
|
40,000
|
|
|
Veterinary hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
|
Warehouse, shipping and receiving
|
1
|
5,000
|
40,000
|
30,000
|
|
|
Wholesale fuel distribution
|
1
|
10,000
|
40,000
|
30,000
|
|
|
NOTES:
|
||
|---|---|---|
|
*
|
The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required.
|
|
1.
There shall be a minimum of one trash-garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed containers located and screened to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts. If located within the building, the doorways may serve both the loading and trash-garbage collection functions. If a container is used for trash-garbage collection functions and is located outside the building, it may be located adjacent to or within the general loading areas, provided that the containers in no way interfere with or restrict the loading and unloading functions.
2.
Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of offstreet loading spaces may be less than the number required by the above schedule, provided that the applicant, as part of the site plan application, indicates on the site plan and documents to the approving authority how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.
p.
Loading and unloading timetable. Where the separate designation of a specific loading space is not required for an activity, the required off-street parking area shall not be used for loading and unloading purposes except during hours when normal business operations are suspended.
q.
Fire lanes. The Fire Official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall be a minimum of 18 feet in width.
r.
Fire department access roadways. Fire Department access shall be provided and maintained to all buildings undergoing construction, alteration or demolition. Fire Department access roadways shall be of an approved surface material capable of providing emergency access and support at all times. Fire Department access roadways shall be a minimum of 18 feet in unobstructed width.
s.
Village parking trust account. In the event that an applicant in the "TC" or "TCI" District has insufficient land for 100% of the required off- street parking spaces in accordance with Subsection 12-5.10j, based on the proposed permitted use or uses of the site, the Approving Authority may approve the application conditioned upon the applicant installing the parking spaces for which there is sufficient land and contributing $2,500 for each additional parking space omitted, up to the required number, to a Village Parking Trust Account maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of off-street parking lots to serve the "Village" area, under the following terms and conditions:
1.
Contributions to the Village Parking Trust Account shall be permitted only for the conversion of use of buildings in existence as of the effective date of the establishment of the Village Parking Trust Account. In the event that the application for development constitutes an addition to an existing building or the construction of a new building, the parking requirements of Subsection 12-5.10j, for each use in each district must be met and no contribution to the Village Parking Trust Account will be permitted. In the event that the application includes both the conversion of use of an existing building and new construction, construction of the actual spaces on-site must be utilized and no contribution to the Trust Account will be permitted.
2.
Nothing herein shall prevent the Approving Authority from denying said application, notwithstanding an offer of said contribution to the Trust Account, based on inadequate of insufficient parking, ingress or egress or lack of existing, adequate public parking facilities in the area of the proposed development.
3.
The fees required shall be paid prior to the issuance of any building permits for the development application in question. The registry for the Trust Account shall be the responsibility of the office of the Township Administrator. Payments may be made in full or in accordance with a Parking Trust Fund Plan, as follows:
(a)
A required contribution of 25% shall be deposited prior to issuance of the building permit.
(b)
An additional 25% of the required contribution shall be deposited no later than 18 months from the date of the initial contribution.
(c)
An additional 25% of the required contribution shall be deposited no later than 24 months from the date of the initial contribution.
(d)
A final 25% of the required contribution shall be deposited no later than 36 months from the date of the initial contribution.
The Township shall require a promissory note from the applicant to guarantee payment under the graduated payment plan. Late payments will result in an interest charge at the rate of 18% per annum. Failure to make payments may result in revocation of the approval resolution of the Planning or Zoning Board.
4.
The Approving Authority shall consider the compatibility of the proposed development application to the historic character of Vincentown. The proposed development shall be a contribution toward the historic rejuvenation of Vincentown in order to qualify for participation in the Village Parking Trust program.
5.
The donation in lieu of development shall only occur once unless a new development application is filed for a change of use.
a.
Required improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor, located outside the property limits of the subject premises, but necessitated or required by construction or improvements within the subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract improvements.
b.
Improvements to be constructed at the sole expense of the developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate those lands to Southampton Township or Burlington County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve the lands on conditions it may deem appropriate under the circumstances.
c.
General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the proposed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of Southampton Township or any department thereof, may be utilized in determining the developer's proportionate share of the improvements:
1.
Water supply.
(a)
All necessary improvements and costs to the water supply and distribution system are to be determined by the Planning Board and the recommendations of the Township Engineer and after consideration of the standards established by the utility providing water service to the site.
(b)
The developer's engineer shall prepare the plans for the improvement system or the extended system. All work shall be calculated by the developer and approved by the utility providing water service to the site.
2.
Sanitary sewers.
(a)
All necessary improvements and costs to the sanitary sewer system are to be determined by the Planning Board based on the recommendations of the Township Engineer and after consideration of the standards established by the utility providing sewerage service to the site.
(b)
The developer's engineer shall prepare the plans for the improvement system or the extended system. All work shall be calculated by the developer and approved by the utility providing sewerage service to the site.
3.
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered by other regulations, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(a)
The applicant shall provide the Board with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, the volumes shall analyze pedestrian, bicycle and motor vehicle traffic, together with all other information requested by the Board or by the consultants advising the Board.
(b)
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
| Developer's Cost Total Cost of Roadway Improvement and/or Extension | = | Future Peak-Hour Traffic Generated by the Development Future Peak-Hour Traffic | ||
(c)
The Board shall establish the cost of the anticipated improvements and the fair-share allocation of the improvements to be paid by the applicant after consideration of the traffic plan submitted by the applicant and any traffic plan or comments submitted by the consultants advising the Board.
(d)
The minimum percentage allocation shall be 2.5% of the cost of the anticipated improvements as established by the Board.
(e)
The allocation policy shall be applicable to any development which proposes:
(1)
Fifty or more residential units or
(2)
Is determined to have an impact of at least 0.5% based on the traffic study accepted by the Board.
| The allocation policy shall not apply to developments with fewer residential units than, or having a smaller input than, these standards and no contribution shall be required of any such development. |
4.
Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basin, manholes, rip-rap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a)
The capacity and design of the drainage system to accommodate stormwater run-off shall be based on a method described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The developer's engineer shall prepare the plans for the improved system and the Township Engineer shall calculate the estimated cost of the enlarged system. The pro rated share for the proposed improvement shall be computed as follows:
| Developer's Cost Total Enlargement or Improvement Cost of Drainage Facilities | = | Development cfs Total Tributary cfs |
5.
Escrow accounts. Where the off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township in a separate account until the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required, in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit surrendered. Off-tract improvements shall be considered "begun" if the Township has taken legal steps to provide for the design and financing of the improvements.
6.
Referral to Township Committee.
(a)
Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Board shall forthwith forward to the Township Committee a list and description of all improvements together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of the list and description to the Township Committee without determination having been made, whichever comes sooner.
(b)
The Township Committee, within 90 days after receipt of the list and description, shall determine and advise the Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
(c)
In the event that the Board is required by law to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Board shall, in its discretion, either determine the procedure to be followed in constructing the improvements, or shall condition its approval upon the subsequent determination of the Township Committee.
7.
Implementation of off-tract improvements.
(a)
In all cases, developers shall be required to enter into an agreement or agreements with Southampton Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Southampton, Burlington County and the State of New Jersey and any departments, authorities or agencies thereof.
(b)
Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection 12-7.1, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
(c)
Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or any other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for the expense.
(d)
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement as may be determined by the Board of Improvement Assessors.
(e)
If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, the agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Southampton, County of Burlington and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.
(f)
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, as provided in Subsection 12-5.11c,6, the Township Committee shall be guided by the following considerations:
(1)
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of the development;
(2)
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;
(3)
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or sub-regional facilities will be required in the future to serve the development tract and the general area of the municipality in which the development is located; and
(4)
The extent to which the health, safety and welfare of the residents, current and future, depend on the prompt implementation of the off-tract improvement.
a.
Air, water and environment pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable State and Federal regulation. Each development shall ensure the minimization of attracting exotic and nuisance plant and animal species. No permit shall be issued for any use where a State permit is required until the State has ascertained and approved the level and quality of emission, control and the level of monitoring to be conducted.
Any application for a proposed development that will generate substantial vehicular traffic or space heating emissions, including development involving 100 or more dwelling units or more than 300 parking spaces, shall require the submission of a traffic impact statement and environmental assessment per Subsection 12-10.3b(35-36).
b.
Storage and waste disposal. No materials shall be deposited so natural forces such as precipitation; surface water, evaporation or wind can transfer them off the lot, directly or indirectly. All materials, which might create a pollutant or be a safety hazard or health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No bulk storage of materials or equipment shall be in any front yard, nor closer to any street line than 100 feet and no closer to any side or rear lot line than the minimum setback for the principal buildings. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash and garbage.
c.
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system.
d.
Electronic equipment.
1.
Electronic equipment, including all devices for transferring and receiving electronic signals, shall be shielded so that there is no interference with any radio or television reception beyond the operator's property or dwelling unit as a result of the operation of such equipment.
2.
All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the BOCA Basic Building Code as adopted by the State of New Jersey.
e.
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets per Subsection 12-5.8.
f.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.
g.
Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
h.
Odor. Odors shall not be discernible at the lot line or beyond unless precluded by another section in this chapter. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
i.
Storage and waste disposal of recyclable material. Per New Jersey State Recycling all development plans shall provide for sufficient area for the storage of recyclable materials as follows:
1.
Each application for residential development of 50 or more units of single-family or two-family housing or 25 or more units of multifamily housing must include provisions for the collection, disposition, and recycling of recyclable materials. A single-family unit or a unit within a multifamily dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four week accumulation of materials. Such an area may be within a hidden laundry room, basement or garage.
2.
Each application for a nonresidential use, which utilizes 1,000 square feet or more of land, must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The application shall provide a storage area to contain a week's accumulation of recyclable materials.
3.
The storage area for recyclable materials shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.
j.
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use. Air conditioners and vents on rooftops shall be screened from view.
k.
Vibration. There shall be no vibration which is discernible to the human senses or which is at low or high frequencies capable of causing discomfort or damage to life or property.
l.
Water quality.
1.
General water quality standards.
(a)
All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained.
(b)
Except as specifically permitted and authorized in this chapter, no development shall be permitted which degrades surface and ground water quality or which establishes new point sources of pollution.
(c)
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
a.
All public utility services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development which necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.
b.
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Utility easements along street right-of-way lines shall be a minimum of 10 feet in width.
a.
Sewers. On lands within the existing or proposed sewer service area as indicated in the Southampton Township Wastewater Facility Plan and where a public wastewater treatment plant and collection system is accessible to a property proposed for development, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with the Southampton Township Wastewater Facilities Plan and New Jersey Department of Environmental Protection permit requirements and in such manner as to make adequate sewage treatment available to each lot and building within the development.
b.
Septic systems.
1.
Where the soil characteristics of the subject land are of such quality to permit the use of subsurface sewage disposal systems as a means of sewage disposal, the same may be approved in the absence of accessibility to a public wastewater treatment plant or the construction of such treatment facilities by the developer.
2.
Minimum distance from any component of the septic system to a property line or, where applicable, centerline of public right-of-way shall be 50 feet. The replacement of an existing malfunctioning septic system is exempt from this setback standard. The replacement septic system shall be in conformance with N.J.A.C. 7:9A.
a.
Statement of applicability.
1.
Scope. Signs may be erected, altered, maintained, used, replaced, removed, or moved only in compliance with the provisions of this section, except that any sign inside a structure or building which is not visible from outside the building or structure is excluded from the requirements hereinbelow.
The limitations on signs prescribed in this chapter shall not apply to any sign or additional device erected by any recognized local, County, State or Federal government agency. Existing signs erected prior to the adoption of this chapter are not subject to the standards provided below.
b. ATTACHED SIGN DEVELOPMENT SIGN ERECT EXTERNALLY LIGHTED FREESTANDING SIGN FUNCTIONAL SIGN INTERNALLY LIGHTED MOBILE SIGN MULTIPLE OCCUPANCY AND TENANCY SIGN OFFICIAL SIGN REAL ESTATE SIGN ROOF SIGN SIGN HEIGHT SIGN SIZE TEMPORARY SIGN WARNING SIGN WINDOW SIGN
Definitions.
Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building. Attached signs shall not be more than 10 inches off the building to which they are attached.
A sign designating the name of a subdivision of residential homes, whether a single-family or multifamily, attached or detached, or an apartment complex.
To build, construct, attach, place, suspend or affix, and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of the building, structure, or material surface.
Any sign whose sole source of artificial illumination is outside the display portion of the sign.
Any sign not attached to a building, erected, constructed or maintained on a post or pole, or other bracing or supporting device, being to support the sign.
Directional, informational or public service signs, such as signs advertising locations of rest rooms, telephones, or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name or business or message other than the directional or informational material as noted above.
Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
A sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, on wheels, or other similar attachment such that the sign may be removed from place to place, either within the lot or to another location.
A single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and tenancy use a common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.
Any sign, symbol or device, erected, constructed, or maintained by the Federal, State, County or local government, or any agency thereof, for the purpose of informing or guiding the public or for the protection of public health, safety and welfare.
A sign of an owner of real property or of a licensed real estate broker designating a property "For Sale" or "For Lease."
An attached sign erected, constructed or maintained upon or over the roof of any building, where the principal support of said sign is the roof structure.
In the case of a freestanding sign, the height of the sign will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor windowsill in a two-or-more-story building, nor can it be higher than the lowest point of the roofline in a single-story building, except where a roof sign is expressly permitted in certain districts.
The square foot area of a sign is computed by multiplying its greatest width by its greatest length, exclusive of supporting structures and bracing devices, unless such supporting structures and bracing devices are illuminated or are in the form of a symbol or contain words or symbols, in which case the supporting structure shall also be computed in determining sign size. Two or three-sided signs carrying exactly the same message on each side shall be measured by using the surface area of one side in the case of two-sided signs, or two sides in the case of three-sided signs. When there is a different message on each side of the sign, each side will be considered and used in computing sign size or each sign will be considered a separate sign.
A sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure, and which may be erected for a period of time in compliance with the provisions of this chapter. A changeable copy sign shall be considered a temporary sign except when it identifies gas station pricing, is permanently installed and for new development pursuant to the adoption of this chapter is the subject of site plan review.
A sign indicating no trespassing or no fishing and/or hunting, and an existing danger where a warning is legally required.
Any sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.
c.
General regulations. The following general regulations shall be applicable to all signs in all zoning districts, except as specifically limited herein:
1.
No sign shall be erected or maintained on a lot, tract or parcel, including any improvement thereon, unless the message on the sign directly relates to the use, sale, or lease of said lot, tract, or parcel. Nothing herein shall be deemed to prohibit off-tract signs for churches or fraternal organizations, setting forth the location of the church or the meeting place and meeting hours of the church or fraternal organization.
2.
All mobile signs, billboards, and blinking signs are prohibited.
3.
No sign shall be placed in such a position that it causes or is likely to cause danger to vehicular or pedestrian traffic on any street, sidewalk or right-of-way. No sign other than an official sign may be placed within the right-of-way of any Township or County street.
4.
Maintenance. All signs shall be periodically maintained by the owner of said sign, including painting, repairing and cleaning as necessary. Any sign that, because of improper maintenance, is deemed to be in a state of disrepair, such that the sign is no longer functional, visible or dangerous to the safety of others, in the discretion of the Township Zoning Officer, shall be repaired by the owner of the said sign within 14 days of a notice requiring said repair. Otherwise, the sign shall be removed.
5.
Illuminated signs. Illuminated signs shall be arranged such that no light or glare is directed or reflected to adjoining lots or streets or into residential windows. Any beam or beacon, lighted exteriorly, shall be directed downwards and shall be shielded to prevent spillage off the lot or onto streets, parking and driveway areas; however, no sign with red, green, blue or amber illumination in a beam or beacon resembling an emergency light shall be erected or used in any location.
6.
Real estate signs. One real estate sign for each lot is temporarily permitted in all districts, provided that it shall be removed within seven days after closing or settlement on said property or the execution of the lease.
7.
Temporary signs.
(a)
Temporary signs advertising events such as fairs, bazaars, auctions, garage sales, seasonal harvest activities, or other special activities, including political signs or posters, shall not obstruct or obscure visibility at corners or intersections or cause a traffic safety hazard. Such signs are allowed one month prior to the event and must be removed within three days following the conclusion of the event. This excludes signs erected by an ongoing business or individual as a means of furthering its business activity or selling of real property.
[Amended 9-16-2014 by Ord. No. 2014-23]
(b)
One temporary development sign is permitted only for major subdivisions. Said sign is subject to the following standards:
(1)
The temporary development sign shall not exceed 20 square feet in size and six feet in height.
(2)
The temporary development sign may be installed only after final subdivision approval has been granted and before or at the same time as the first building permit is issued on the first lot sold. The sign must be removed within 10 days of the issuance of the last Certificate of Occupancy or the sale of the last lot and replaced, if desired, with a permanent development sign in accordance with the chapter standards if the permanent development sign has not already been installed. Notwithstanding anything herein to the contrary, no temporary development sign shall remain longer than two years from the date of final subdivision approval unless an extension is granted by the Board that granted said final approval.
8.
Signs for nonprofit institutions. Notwithstanding the sign standards for the district in which the property is located, any property used for church, school, lodge, club, veterans organization or similar use which is organized and operated not for profit pursuant to Title 15 of the New Jersey Statutes Annotated may have one sign per street frontage identifying the use by name. Said sign may be freestanding or attached and may contain messages describing upcoming events, times of service, or meetings, inspirational messages and the like. The maximum size of a freestanding sign shall be 15 square feet, with a maximum height of 10 feet. An attached sign may not exceed 10% of the wall surface area of the wall on which said sign is placed.
9.
Development signs.
(a)
One permanent development sign stating the name of the subdivision only shall be permitted in major subdivisions. The development may have two signs provided there are two entrances on two different roadways. The total square footage permitted for one development sign is 15 square feet.
(b)
The location of the permanent development sign must be approved by the Planning and/or Zoning Board at the time of preliminary subdivision, and other development, approval. The sign may be installed at the entrance (or the main entrance to the subdivision if there is more than one entrance) and may be located within an island or other entrance design on land specifically dedicated to the Township or homeowners association specifically for the purpose of the sign location.
10.
Commercial and industrial signs.
(a)
If a multiple occupancy and tenancy sign is required, the building-mounted, attached signs for the uses or businesses shall be all uniform in size, scale, color and design.
(b)
If a business or use is located on a lot with more than one street frontage, each business or use may have either one additional attached sign or one additional freestanding sign, unless the multiple occupancy and tenancy sign is required, in which case the additional multiple occupancy and tenancy sign shall be located on a separate entrance or drive or a separate part of the parking facility.
(c)
Individual tenants in shopping centers and other multiple-tenant commercial facilities shall be permitted one attached or wall sign, and an individual tenant with more than one facade facing a customer parking lot shall be permitted one attached or wall sign per such facade. Shopping centers and other multiple-tenant commercial facilities shall be permitted one freestanding sign per lot frontage advertising the name of the shopping center and meeting the following specifications:
(1)
Located on the same lot as the shopping center, but no closer to the intersection of two street lines than 50 feet, not exceeding 30 feet in height and no closer to the right-of-way line than 10 feet.
(2)
The sign area shall not exceed 150 square feet or one square foot for each linear foot of lot frontage abutting the location of the freestanding sign.
(3)
Individual tenant nameplates on the sign below the principal name of the shopping center are permitted, provided that each nameplate sign is of uniform dimension and lettering, no nameplate is larger than eight square feet in area and the aggregate sign area does not exceed the maximums set forth above.
(4)
No freestanding sign shall be within 100 feet of any other freestanding sign.
(d)
Each principal use not part of a shopping center may have one freestanding sign and one attached sign. Attached signs shall not exceed 10% of the wall surface area of the wall on which the sign is attached. Business or industrial signs may be erected and maintained in conjunction with farming, commercial or manufacturing use, provided:
(1)
That the area on one side of all such signs erected on one street frontage of any one premises, shall not exceed 50 square feet, unless authorized as a special exception by the Board of Adjustment;
(2)
Such sign, except a directional sign, is erected only on the premises on which the use, to which the sign relates, is conducted;
(3)
Not to exceed a height of 10 feet; and
(4)
Such sign shall be set back a minimum of 10 feet from all street and property lines.
11.
Pinelands. All signs on lands under the jurisdiction of the Pinelands Comprehensive Management Plan promulgated pursuant to the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) shall conform to the requirements of N.J.A.C. 7:50-6.106 et seq. of the Comprehensive Management Plan, except where other provisions of this chapter are more restrictive, in which case said other provisions shall control.
12.
Professional, accessory use, home occupation or name signs, indicating the name, profession, or activity of the occupant of a dwelling, and trespassing signs, or signs indicating the private nature of a driveway or premises, provided that the area on one side any such sign shall not exceed two square feet.
13.
Nonconforming signs.
(a)
Intent. It is the intent and purpose of this chapter that as soon as legally possible, all existing signs not conforming to the provisions of the chapter be eliminated or brought into conformity with the provisions of this chapter.
(b)
Legal nonconforming signs. Any sign located within the Township of Southampton which does not conform with the provisions of the chapter, but which did conform with the applicable laws and ordinances relating to signs at the time it was erected, shall be deemed a legal nonconforming sign and may continue in use until said sign loses its legal nonconforming status as defined below.
(c)
Loss of legal nonconforming status.
(1)
A legal nonconforming sign shall immediately lose its legal nonconforming status if:
(2)
Upon the happening of any one of the above events, the sign shall be immediately brought into compliance with this chapter with a new permit, in accordance with the provisions of this chapter, or shall be immediately removed.
(3)
Periodic maintenance shall not be considered an alteration resulting in the loss of a sign's legal nonconforming status.
d.
Design standards for signs.
1.
Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity.
2.
Signs shall be either spotlight or blacklight with a diffused light source. Spotlighting shall require complete shielding of all light sources. Light shall not significantly spill over to other portions of the building or site. Backlighting shall illuminate the letters, characters, or graphics on the sign, but not its background. Warm fluorescent bulbs may be used to illuminate the interior of display windows. Neon signs placed inside the display windows shall insure low intensity colors.
3.
Signs shall be mounted so that the method of installation is concealed. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only and not directly into brick or stone. Drilling to provide electrical service should also follow the same rule.
e.
Permitting.
1.
Requirements. The Zoning Official assigned by the Township shall only issue a permit for the erection or construction of a sign, which meets the requirements of this chapter.
2.
Permit issuance.
(a)
After zoning approval has been granted, the Building Official shall only issue a building permit for the erection or construction of a sign, which meets the requirements of the Uniform Construction Code in addition to chapter requirements. Applications for permits to erect, hang or place a sign shall be submitted on forms obtained from the Zoning Officer.
(b)
Each application shall be accompanied by plans showing the sign area; size; method of illumination, if any; the exact location proposed for each sign and, in the case of a projecting sign, the proposed method of fastening such sign to the building structure; the vertical distance between such sign and the finished grade, and the horizontal distances between such sign and the curb and also between such sign and the right-of-way line; and such other information as may be requested.
a.
Clearing standards.
1.
The clearing of more than 1,500 square feet of vegetation from any parcel of land in the non-Pinelands other than clearing for agricultural activities, shall be authorized only if the applicant can demonstrate that:
(a)
The removal is necessary to accommodate development maintenance of a permitted structure or to carry out a permitted use of the property;
(b)
Removal is necessary in order to implement the fire management objectives of this chapter;
(c)
Removal is necessary to eliminate a pedestrian or vehicular safety hazard; or
(d)
Removal is necessary to eliminate a hazard to a building in accordance with the following requirements:
(1)
All landscaping as shown on the site plan shall be completed within six months of completion of construction.
(2)
All landscaping shall endure the stabilization of soils.
(3)
All development within the jurisdiction of the Pinelands Comprehensive Management Plan other than turfed areas dedicated for public recreational purposes, shall utilize native vegetation for landscaping, including but not limited to the native plants set forth in N.J.A.C. 7:50-6.23 of the Pinelands Comprehensive Management Plan.
(4)
Specimen trees will not be cleared or removed and the area to be cleared will be landscaped.
2.
In areas other than the Pinelands Area of the Township, clearing shall be permitted only where necessary for the physical construction of roads, improvements and building and only in conformance with detailed landscaping plan submitted by the applicant and approved by the Planning Board or Zoning Board of Adjustment, as the case may be.
b.
Grading. No grading construction or regrading shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties. Grading shall be limited to areas shown on an approved plan.
c.
Topsoil and subsoil protection.
1.
No topsoil shall be removed from the site, except as provided herein. Topsoil moved during the course of construction shall be redistributed over the distributed areas of the development and shall be stabilized by seeding or planting or another method shown on the approved plan.
2.
Excess subsoil, when approved by the Township Engineer, may be transferred to another site within the Township, but only under the circumstances set forth herein may it be relocated outside the Township.
3.
No grading construction or regrading shall be permitted which creates or aggravates water stagnation or drainage areas shown on the approved plan.
4.
Excess subsoil may only be removed from the site or relocated outside the Township upon the Township Engineer's recommendation and Township Committee's approval.
a.
Street.
1.
All developments shall be serviced by paved public streets. The arrangement of streets not shown on the Master Plan shall be such as to provide for appropriate extension of existing streets and should conform with the topography, as far as practicable, and allow for continued extension into adjoining undeveloped tracts.
2.
When a new development adjoins land capable of being further developed; suitable provisions shall be made for optimum vehicular access of the remaining and/or adjoining tract to existing or proposed streets, including the possibility of a sketch of a feasible plan for vehicular access to the adjoining lands.
3.
Any site improvements associated with any application for residential subdivision, site plan approval or variance before the Planning Board or Zoning Board of Adjustment shall be governed by N.J.A.C. 5:21 et al., "Residential Site Improvement Standards" (RSIS), except where a deminimus exemption has been granted by the approving authority or a special standard. These rules shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any site improvements constructed by a developer in connection with residential developments including streets, roads, parking facilities, sidewalks, drainage structures, grading, and utilities.
4.
Local streets shall be so designed so as to discourage through traffic.
5.
In all residential districts, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets.
6.
In the event that a development adjoins or includes existing Township streets that do not conform to the street width requirements of this chapter and RSIS, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be required in the development design. If the development is along one side only, at least 1/2 of the required extra width shall be required. Moreover, a portion of the existing street or road adjoining or included within a development shall be improved, including excavation, grading, base and surface courses.
7.
No street shall have a name, which duplicates or so nearly duplicates in spelling or phonetic sound the name of an existing street within the Township or a nearby street of an adjacent municipality. The continuation of an existing street shall have the same name. The approving authority must approve the names of new streets.
b.
Sight triangles.
1.
Sight triangles shall be required at each corner of an intersection of streets and at intersections of streets and driveways serving nonresidential and multifamily housing developments. Driveways shall be classified as a local street for purposes of establishing distances. The area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified as a sight triangle easement. No grading, planting, or structure shall be erected or maintained more than 30 inches above the centerline grade of the intersecting street or driveway or lower than 10 feet above their centerlines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim or selectively thin trees and grade to provide the sight triangle. Where a street or driveway intersects a State or County road, the sight triangle shall conform to State or County requirements. The sight triangle is that area bounded by the intersecting street lines and a straight line connecting sight points located on each of the two intersecting street lines the following distances from the point of intersection:
2.
Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is not included on the Master Plan.
3.
A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Township of Southampton Development Regulations Ordinance."
4.
Portions of a lot set aside for the sight triangle may be included in determining the lot area and minimum setbacks required by the zoning provisions.
c.
Curbs and gutters.
1.
Concrete curb, Belgian block curb shall be installed at all street intersections.
2.
The standard curb section shall be 10 feet in length with preformed bituminous cellular-type expansion joint material on not more than twenty-foot centers and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. The finish shall be a smooth float finish with corners rounded. Concrete curbs shall be six by eight by 18 inches (six inches exposed face), having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained.
3.
Barrier-free curb ramps shall be constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
4.
Where curbs are waived or where alternate curbs are allowed, such as granite block or rolled concrete curb, an appropriate method of stabilizing the edge of paving, controlling erosion and managing stormwater shall be incorporated in the design.
5.
Curb requirements shall vary according to street hierarchy and intensity of development in accordance with the requirements set forth in Table 4.3 in N.J.A.C. 5:21-4.2.
d.
Bikeways. Bikeways shall be required in those locations which are shown in mapped form or described in the text of the adopted Master Plan of the Township of Southampton. Bicycle traffic shall be separated from motor vehicle traffic and pedestrian traffic as much as possible. Bikeways shall be a minimum of eight feet wide and shall be constructed in accordance with specifications set forth in N.J.A.C. 5:21-4.18. Where bike paths intersect a street, the curbing shall be ramped for access to the street grade.
e.
Sidewalks. Sidewalks shall be installed as determined by the approving authority in the interest of public safety and proper pedestrian circulation. Consideration shall be given to the adjoining street classifications and the provisions of access to facilities such as school bus stops, recreation areas, schools and retail services. Sidewalks shall be required in all developments within two miles of public schools. Sidewalks and/or graded areas shall be required depending on road classification and intensity of development, in accordance with the requirements set forth in Table 4.3 in N.J.A.C. 5:21-4.2. Sidewalks and graded areas shall be constructed according to specifications set forth in N.J.A.C. 5:21-4.18.
f.
Utility poles. The centerline of all relocated or newly installed telephone poles are to be set back five feet from the edge of pavement on noncurbed roads.
a.
No private swimming pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence and meet the setback requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back at least the same distance from the street line as required for the principal building. There shall be no minimum distance requirement between the pool and principal building.
b.
In accordance with the requirements of the most current edition of State Building Code, an outdoor private swimming pool, including an in-ground, above ground or on-ground pool, hot tub or spa shall be provided with a barrier (i.e., a fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool).
c.
No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval. All swimming pools, spas, whirlpools and hot tubs shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute, the New Jersey Uniform Construction Code, or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.
a.
Purpose. The purpose of this subsection is to establish general guidelines for the placement of wireless communication towers and antennas to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community. The goals of this subsection are to:
1.
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
2.
Facilitate the provision of wireless telecommunication services to the residents and businesses of the Township;
3.
Encourage the location of towers in nonresidential areas;
4.
Minimize the total number of towers throughout the community;
5.
Minimize adverse visual effects of towers through careful design and siting standards;
6.
Require the joint use of new and existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or predesignated existing buildings or structures as a primary option rather than construction of additional single use towers;
| In furtherance of these goals, Southampton Township shall give due consideration to the Southampton Township Master Plan, Zoning Map, existing land uses, inventory map of existing towers and structures and environmentally sensitive areas in approving sites for the location of towers and antennas. |
b. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK CO-LOCATION COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES FAA FCC HEIGHT PREEXISTING TOWERS AND ANTENNAS TOWER TOWER, MULTI-USER TOWER, SINGLE-USER
Definitions. As used in this subsection the following terms shall have the meanings set forth below:
Mounting structures that camouflage or conceal the presence of antennas or towers.
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.
The attachment of commercial wireless telecommunication antenna to an existing tower.
Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any ground or roof mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces, and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by Code.
c.
Applicability.
1.
New towers and antennas. Use variance and site plan approval are required from the Southampton Township Zoning Board of Adjustment for the construction of any new tower or antenna or additional towers and antennas on pre-existing sites or any site where towers did not exist prior to the adoption of this chapter except in the Pinelands Area where towers and antennas which are consistent with a 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) shall be considered a permitted use. Site plan approval for any such towers and antennas in the Pinelands Area shall be required from the Southampton Township Planning Board and the standards set forth in paragraphs d, e, and f shall apply.
2.
Preexisting towers and antennas. Preexisting towers or antennas shall not be required to meet the requirements of this chapter provided that requirements of paragraphs d 2 and d 3 are met and unless altered or additional equipment is added to same.
3.
Pinelands area. All towers and antennas must meet the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for local communications facilities, which has been approved by the Pinelands Commission.
d.
General requirements.
1.
Co-location.
(a)
Each applicant for a new telecommunication tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a five mile search radius of the proposed tower.
(b)
Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas which may be proposed by other telecommunications providers who have identified a service need in the area. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
2.
Siting standards.
(a)
Outside the Pinelands Area, each applicant for a new telecommunication tower shall site facilities so as to avoid negative impacts on residential districts or uses. The following tiering system shall be used as a preference guide for the siting of such facilities with the first designation being the district with the least negative impact:
(b)
Within the Pinelands Area, each applicant for a new telecommunication tower shall site facilities in a manner which is consistent with the Pinelands Comprehensive Management Plan and avoids negative impacts on residential districts to the maximum extent practical. The tiering system set forth in paragraph (a) above shall be used as a preference guide in the siting of new telecommunication towers within the RC, AP, and MC districts. Within the remainder of the Pinelands Area, new telecommunication towers shall be sited only at the following locations:
(1)
On developed publicly owned lands within 500 feet of an existing structure, provided that the tower facility will be located on previously 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 facility will be located on previously disturbed lands that have not subsequently been restored;
(3)
At a first aid or fire station;
(4)
At a landfill, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored; or
(5)
Within the HC - Highway Commercial zone.
3.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subsection shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
4.
Safety standards/building codes. To ensure the structural integrity of towers the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended. If, upon inspection, Southampton Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
5.
Tower setbacks. Towers shall conform with each of the following minimum setback requirements:
(a)
Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(b)
Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Street Plan of the City by a minimum distance equal to 1/2 of the height of the tower including all antennas and attachments.
(c)
Towers shall not be located between a principal structure and a public street, with the following exceptions:
(d)
A tower's setback may be reduced or its location in relation to the public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.
6.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
7.
Abandoned towers. All abandoned or unused towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Board.
e.
Additional submission requirements.
1.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Board an inventory of its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within the jurisdiction of Southampton Township and within one mile of the border thereof, including specific information about the location, height, and design of each tower. The inventory report shall be reviewed by a qualified professional with a specialization in the analysis of telecommunications towers and antennas.
2.
Report. A report from a qualified and licensed engineer which includes the following:
(a)
Description of tower height and design including cross section and elevation;
(b)
Indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(c)
Description of the tower's capacity, including the number and type of antennas that it can accommodate;
(d)
Indicates what steps the applicant will take to avoid interference with established public safety telecommunications.
3.
Letter of intent. A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
4.
Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.
f.
Design requirements. Telecommunication towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment.
1.
Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. The antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
2.
Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
3.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
4.
Height. The antenna and any supporting structure shall not exceed 200 feet in height but, if a lesser height, shall be designed so that its height can be increased to 200 feet if necessary to accommodate other local communications facilities in the future.
5.
Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
a.
General requirements. Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or State agency having approval authority and shall be subject to their approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.
b.
Accessibility. For purposes of this subsection, "accessible" shall mean that the property to be developed is no further from an existing water main than 200 feet for an existing single-family residential unit or the number of feet arrived at by multiplying the number of units in a proposed residential development by 200, or in the case of subdivision in which more than 20 units are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main. To the extent reasonable and practicable, all nonresidential developments shall be served by public water. Lots serviced by the public water system are prohibited from furnishing additional potable water from a well. Individual wells furnishing potable water shall be properly abandoned once adequate public water is provided.
c.
Looped water mains in residential developments. No more than a total of 25 residential units or the equivalent shall be permitted on the dead end of a water main on a permanent basis or on a temporary basis, a total of 125 residential units the equivalent are permitted on the dead end of a water main without a well and 200 units with a well. Temporary is considered three years from the issuance of the first Certificate of Occupancy for that particular development. If a development exceeds the allowable limits for the number of units on a water main dead end, it is the applicant's obligation to loop the water main or provide a second source of potable water acceptable to the Township.
d.
Individual wells. Where no public water is accessible, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type in accordance with Burlington County Board of Health. Well installation, sealing and testing shall be in accordance with the NJ Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the Burlington County Board of Health. Prior to being placed in consumer use and prior to issuance of a Certificate of Occupancy for any building served by the well, the developer shall be certified by the Burlington County Board of Health that he complied with all applicable State and local regulations.
e.
Additional requirements.
1.
It is the developer's responsibility to maintain all water supply improvements for partially completed developments.
2.
It is the developer's responsibility to extend any on-tract public water supply to the limits of the tract boundary line to service future development and to conform to the Township Master Plan.
[Amended by Ord. No. 2010-7]
All capitalized words used in this section shall have the same meaning as defined by § 9-5.3 of these Revised General Ordinances.
a.
Design standards for common area recycling storage locations.
1.
In accordance with the municipal recycling ordinance located at § 9-5 of the Revised General Ordinances, every multifamily development, qualified private community and mobile home park within the Municipality shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source separated recyclables generated by the residents of the property.
2.
Each common area recycling storage location shall, at a minimum, conform to the following standards:
(a)
The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.
| Minimum Container Capacity Requirements for Weekly Recycling Service | |||
|---|---|---|---|
| Dual Stream Collection | Fiber (paper and cardboard) | Comingled (bottles and cans) | |
| Non-age-restricted complex | 1 cubic yard of capacity for every 15 dwelling units | 0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units | |
| Age-restricted complex | 1 cubic yard of capacity for every 20 dwelling units | 0.47 cubic yards (96 gallons) of capacity for every 24 dwelling units | |
| Single Stream Collection | Fiber and Commingled | — | |
|---|---|---|---|
| Non-age restricted complex | 2 cubic yards of capacity for every 20 units | — | |
| Age-restricted complex | 1.4 cubic yards of capacity for every 20 units | — |
| Common Container Dimensions | ||||
|---|---|---|---|---|
| Size (cubic yards) | Length (inches) | Width (inches) | Height (inches) | |
| 1 | 72 | 24 | 29 | |
| 2 | 72 | 34 | 45 (rear)/34 (front) | |
| 3 | 72 | 43 | 48 (rear)/40 (front) | |
| 4 | 72 | 51 | 56 (rear)/46 (front) | |
| 6 | 80 | 66 | 71 (rear)/47 (front) | |
| 8 | 80 | 71 | 86 (rear)/53 (front) | |
(b)
Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.
(c)
The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.
(d)
Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s):
 |
(e)
The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:
 |
(f)
Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.
(g)
Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
(h)
Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.
b.
Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.
1.
Recycling Storage Locations — Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.
2.
Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing at a minimum, dimensions (1 x w x h) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.
3.
Multifamily and condominium complex dwellings — Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where Common Area Recycling Storage Locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing at a minimum, dimensions (1 x w x h) of no less than 36" x 32" x 84" per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.
[Added 4-17-2012 by Ord. No. 2012-4]
a.
Purpose.
1.
Wind and solar energy are an abundant, renewable, and nonpolluting energy resource.
2.
The preservation of agricultural land and continuation of traditional farming activities remains a crucial component to the future of the Township. The Township's rural and agricultural character must be protected.
3.
Energy produced from solar and wind facilities is not farming; it is an evolving technology for commercial energy production. These facilities have the potential to substantially negatively impact contiguous agriculture areas. These facilities are inconsistent with Southampton's rural and agricultural character.
4.
The pressure to develop stand-alone renewable energy power plants could be reduced if more homes and businesses incorporated accessory renewable energy systems into their buildings and site design.
5.
Converting wind and solar rays to electricity may reduce dependence upon nonrenewable energy resources, but the same must be constructed in a way that supports Southampton's rural and agricultural traditions.
6.
Distributed small wind energy systems will enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio.
7.
The Southampton Township Committee finds that it is in the best interest of our residents, public health, safety and general welfare to allow clean, renewable energy resources in a cost-effective and timely manner under standards that will support and promote continued rural and agricultural traditions in the Township.
b. ALTERNATIVE ENERGY SYSTEM PHOTOVOLTAIC SMALL WIND ENERGY SYSTEM SOLAR ENERGY SYSTEM SOLAR PANEL SYSTEM HEIGHT TOWER HEIGHT WIND ENERGY SYSTEM WIND GENERATOR WIND TURBINE
Definitions. The following words have the following meanings as used in this section:
"Wind, solar or photovoltaic energy facility or structure" means a facility or structure for the purpose of supplying electrical energy produced from wind, solar or photovoltaic technologies, whether such facility or structure is intended as a principal use, a part of the principal use, or an accessory use or structure.
Relating to or utilizing the generation of an electromotive force when radiant energy falls on the boundary between dissimilar substances.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable construction codes and which will be used primarily for on-site consumption, and has a nameplate capacity of 100 kilowatts or less.
A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy or array.
The height above grade of the tower plus the wind generator.
The height above grade of the fixed portion of the tower, excluding the wind generator.
A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
c.
Accessory use in residential zones. Alternative energy systems shall be permitted as an accessory use in all other residential zones, subject to and in accordance with the following:
1.
The primary purpose of a wind or solar energy system will be to provide power for the residential use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes.
2.
Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal residential use. All energy systems require approval from the Zoning Officer and Construction Office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section.
In the event that the Zoning Officer or Construction Office does not believe the provisions of this section will be satisfied, an applicant may request a variance.
3.
Wind energy systems.
(a)
Wind energy systems are permitted in all residential zoning districts, subject to the following requirements:
(1)
Minimum lot size in accordance with zoning district: AP, AR, FA, FB, FC, RR, RD, RR1, TC, TC1, and VC.
(2)
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the system height. For example, if the system height is 35 feet, the setback shall be 35 feet.
(3)
Wind turbines shall not be permitted in any front yard and the Airport Hazard Zone.
(4)
Maximum height. Freestanding wind turbines shall not exceed a system height of 80 feet for lots between one and three acres. On lots of three acres or more, a maximum system height of 150 feet is permitted. The maximum system height shall include the height of the blades at their highest point.
(5)
No more than one wind turbine shall be permitted per residential property.
(6)
Wind turbines shall not be permitted as a rooftop installation.
(7)
Wind turbines on residential properties shall have a nameplate capacity of 10 kilowatts or less.
(b)
Noise. All wind energy systems shall comply with the following:
(1)
Between a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
(2)
In all other cases, at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
(3)
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
(e)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
4.
Solar energy systems.
(a)
Solar panels shall be permitted as a rooftop installation in all residential zoning districts. The solar panels shall not exceed a height of eight inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, higher than what is permitted in the zoning district in which they are located for the principal building.
(b)
Solar panels shall be permitted as ground arrays in accordance with the following:
(1)
All ground arrays shall be set back a distance of 20 feet from side and rear property lines in the residential zoning district.
(2)
Ground arrays shall not be permitted in a front yard setback and shall not be installed at any location closer to the street than the main residential structure.
(3)
Ground arrays shall be located so that any glare is directed away from an adjoining property or is properly buffered from the adjoining property.
(4)
Ground arrays shall not exceed a height of 15 feet.
(5)
Ground arrays shall not be permitted in wetlands or wetlands buffer areas.
5.
Restrictions.
(a)
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no event shall any identification be visible from a property line.
(b)
The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
(c)
The installation of a wind or solar energy system shall conform to the Uniform Construction Code (UCC) as adopted by the New Jersey Department of Community Affairs.
(d)
The installation of a wind or solar energy system is subject to all utility requirements for interconnection.
d.
Conditional uses in certain highway commercial and agricultural zones.
1.
Solar energy systems shall be permitted in the Highway Commercial, Agricultural Production, Agricultural Residential, Municipal Complex, and Village Commercial Zones, as conditional uses, if the following conditions are met:
(a)
Solar energy systems shall be permitted to be ground-mounted and/or mounted to the principal and accessory structures and buildings.
(b)
Solar energy systems shall not exceed a ratio of 1:5 for the area where the facility is constructed and installed versus the total size of the property.
(c)
In the event solar energy systems are installed on an area of 10 acres or greater, the solar energy systems shall be deemed a principal use. A solar energy system as a principal use is only permitted in the Industrial Zone as set forth in Subsection e below.
(d)
All roof-mounted solar energy facilities shall be accessory uses.
(e)
Solar energy systems shall not count in the calculation of maximum lot coverage or maximum impervious coverage, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement or concrete. Nevertheless, the design of the system shall comply with all municipal, county and state stormwater, grading and soil disturbance rules and regulations.
(f)
A ground-mounted solar energy system covering an area greater than 400 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals. To the extent that a ground-mounted solar energy system is installed over an existing impervious surface, such as concrete or asphalt, the provisions of this subsection shall not apply.
(g)
Regardless of the size of the system, no storage of any materials shall be permitted under the panels.
(h)
Site disturbances, including, but not limited to, grading, soil removal, excavation, and soil compaction, including beneath ground-mounted solar energy system components, shall be minimized to the extent practical.
(i)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Existing roadways need not be modified. Any roadways shall be constructed to ensure appropriate turning radii for the then-existing largest emergency vehicle utilized in the Township by the volunteer fire companies.
(j)
Except to the extent that signs are permitted for the principal use of the property, there shall be no signs that are visible from any public road posted on any property where the solar energy system is located or on any associated building or structure, except for any required warning signs.
(k)
Zoning and construction permits shall be required in all zones. A permit issued pursuant to this section shall expire if:
(l)
Except as otherwise provided herein, alternative energy systems are prohibited in all zoning districts.
(m)
Installation of alternative energy systems is specifically limited on any farmland that is subject to a farmland preservation restriction. Pursuant to state law, such farms are permitted to install alternative energy systems, provided such systems occupy no greater than 1% of the land area of such farm and generate no more than 110% of the energy needs of such farm. Farms described herein shall comply with all other regulations set forth in this chapter.
(n)
Height. The installation of alternative energy systems shall not exceed the height limitation for principal or accessory structures in the zone.
(o)
Roof-mounting. Solar energy systems shall be mounted no more than 12 inches above any roof surface. The panels shall not be located within three feet of any peak, eave or valley of the roof in order to maintain pathways of accessibility.
(p)
Unless otherwise defined herein, area, yard and bulk requirements shall adhere to the Schedule of Area, Yard and Bulk Requirements for Nonresidential Uses in the Non-Pinelands Area of Southampton Township. In no event shall a ground array solar energy system be permitted in the front yard setback in any zone.
(q)
Solar energy systems as ground arrays shall be enclosed by perimeter fencing at a minimum height of at least six feet to restrict unauthorized access.
(r)
On-site power lines used for the system, to the extent practical, shall be placed underground.
(s)
All solar energy systems shall be required to obtain a minor site plan approval and shall also be required to obtain zoning and building permits as required by the Township of Southampton.
(t)
All solar energy systems which are permitted as ground arrays shall be located so that any reflection is directed away from or is properly buffered from an adjoining property.
(u)
In addition to the sign standards established for the underlying zone, there shall be no additional signs that are visible from any public road posted on a solar energy system or any associated building or structure except the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(v)
Solar energy systems shall not be permitted on any property in the airport, Airport Safety Zone or Airport Hazard Zone without appropriate state and/or Federal Aviation approvals.
2.
Wind energy systems and solar energy systems shall be permitted as a conditional use in the Highway Commercial, Industrial, Agricultural Production, Municipal Complex, and Village Commercial Zones if the following conditions are met:
(a)
Area, yard and bulk requirements for wind energy systems shall be those set forth for Highway Commercial and Industrial Zones for nonresidential uses in the non-pinelands area of Southampton Township, except as follows:
(1)
With regard to wind energy systems in the HC and I Zones, minimum lot size shall be five continuous acres that are owned by the same person or entity.
(2)
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the system height. For example, if the system height is 35 feet, the setback shall be 35 feet.
(3)
Wind turbines shall not be permitted in any front yard and the Airport Hazard Zone.
(4)
Maximum height. Freestanding wind turbines shall not exceed a system height of 80 feet for lots between one and three acres. On lots of three acres or more, a maximum system height of 150 feet is permitted. The maximum system height shall include the height of the blades at their highest point.
(5)
No more than one wind turbine shall be permitted per acre.
(6)
Wind turbines shall not be permitted as a rooftop installation.
(b)
Noise. All wind energy systems shall comply with the following:
(1)
Between a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
(2)
In all other cases, at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
(3)
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
(e)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
3.
Restrictions.
(a)
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no event shall any identification be visible from a property line.
(b)
The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
(c)
The installation of a wind or solar energy system shall conform to the Uniform Construction Code (UCC) as adopted by the New Jersey Department of Community Affairs.
(d)
The installation of a wind or solar energy system is subject to all utility requirements for interconnection.
f.
Abandonment.
1.
A wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned if the owner/operator cannot affirmatively demonstrate substantial action undertaken to place the system back in service.
2.
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
3.
Any abandoned system shall be removed at the owner's sole expense within 90 days after the owner receives the notice of abandonment from the Township. If the system is not removed within 90 days of receipt of notice, the Zoning Officer shall take necessary action or remedies to bring about compliance: may assess a monetary penalty in the amount of $1,000 per week until the condition has been abated and may seek legal counsel from Southampton Township to institute the appropriate court action to correct or abate any violation of this section.
4.
If the wind energy system or solar energy system is removed by the property owner, a demolition permit shall first be obtained from the Southampton Township Building Office, and the facility shall be removed only subsequent thereto.
5.
When a wind or solar energy system has been removed, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
[Added 7-17-2012 by Ord. No. 2012-8]
a.
In addition to the standards established in § 12-5.22, additional, more-specific standards are hereby established for lands lying within the Agricultural Production Zone, the Highway Commercial Zone and the Municipal Complex Zone where such lands are also within the Pinelands Preservation Area.
b.
The following additional standards apply to solar facilities in the Agricultural Production Zone, the Highway Commercial Zone and the Municipal Complex Zone:
1.
Public service infrastructure necessary to support the solar energy facility must be available, or can be provided without any off-site development, in the Preservation Area District, Special Agricultural Production Area, or a Forest Area.
2.
The solar energy facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from:
3.
Should the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns.
4.
Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:
(a)
Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;
(b)
Restoration of the parcel in accordance with N.J.A.C. 7:50-6.24; unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with the certified local ordinance within that twelve-month period; and
(c)
Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of off-site infrastructure and restoration of affected lands.
c.
The following additional standards are established for solar energy facilities in the Agricultural Production Zone:
1.
Solar energy facilities may occupy up to 20% of any parcel but in no case shall exceed 10 acres.
2.
Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible:
(a)
Soils classified as prime farmland by the United States Department of Agriculture, Natural Resources Conservation Service; and
(b)
Lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations.
3.
No Pinelands development credits shall be allocated pursuant to N.J.A.C. 7:50-5.43 to that portion of the parcel developed for solar energy facility use until such time as the solar energy facility has been decommissioned.
d.
The following additional standards are established for solar energy facilities in the Pinelands Area portions of the Highway Commercial Zone:
1.
Solar energy facilities may occupy any previously disturbed portions of a parcel that have not subsequently been restored. The clearing of additional lands to accommodate a proposed solar energy facility may also be permitted, provided the percentage of cleared land on any parcel does not exceed 30%, taking into consideration both existing and proposed clearing; and
2.
Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations.
e.
Wind facilities in the Pinelands area.
1.
Where not otherwise prohibited by zoning regulations, wind facilities in the Pinelands are allowed only as an accessory use.
2.
Wind facilities are not permitted as a conditional or permitted use in the Agricultural Production Zone.
3.
Wind facilities are permitted in the HC and MC Zones as a conditional or principal use but limited to a maximum height of 35 feet.
f.
Applications to Pinelands Commission.
1.
The Pinelands Comprehensive Management Plan provides that applications to the Pinelands Commission are not required for the installation of an accessory solar energy facility on any existing structure or impervious surface but are required for all other applications.
The following standards are intended to create design guidelines for the TC and TC1 zoning districts. The Township seeks to provide a town center and a town center extension with mixed uses including neighborhood retail/office uses, residential, affordable housing, public or quasi-public spaces, and open space areas. The design standards provide a guidance structure in reviewing all development applications regarding land within the TC and TC1 zoning districts. The following guidance statements indicate clear goals intended to be followed:
a.
Encourage the flexibility of housing design and type;
b.
Provide a usable open space plan that provides for passive and active recreation opportunities;
c.
Provide a functional circulation plan, which encourages pedestrian connections between the commercial/office uses and the residential neighborhoods;
d.
Encourage an interconnection between existing and proposed uses so as to create a sense of community within adjacent neighborhoods;
e.
Encourage the creation of a development, which permits higher densities while promoting a more efficient use of land and public services;
f.
Promote a development with identifiable physical, visual, and spatial characteristics that are created through the consistent use of compatible design regulations;
g.
Provide a layout of streets and open space, which encourage pedestrian interconnections between residential and commercial/office uses;
h.
Promote creation of a place, which is oriented to the pedestrian, promote citizen security, and social interaction;
i.
Establish community spaces, which act as focal points of activity and interaction for both commercial and residential neighborhoods;
j.
Promote a development with visual and spatial characteristics as expressed in the site plan and design regulating standards;
k.
Promote the creation of a neighborhood that is identifiable in the landscape, surrounded by open space, and sensitive in the preservation of natural features;
l.
Provide a procedural framework for the approval of a comprehensive development providing standards that incorporate street, architectural, and site design elements.
A year-round housing unit which shall not exceed 600 square feet of living area, with cooking facilities, sanitary facilities, and an independent means of access.
An assisted living facility shall be a facility which provides long term housing opportunities for individuals of age restricted category which facilities shall provide in addition to a basic living unit, medical, nursing, and related facilities which may be required by the residents therein to afford them the opportunity to obtain assistance when needed while preserving their basic living unit during the time that any additional medical, nursing, or related services are required. For purposes of this chapter assisted care units shall not be institutional in character. They shall be designed to be residential in character and adhere to the standards established in this section.
A regularly repeated unit on a building elevation defined by columns, pilasters, or other vertical elements, or defined by a given number of windows or openings.
Those structures fronting on one or both sides of a roadway and located between the two nearest points of intersection of said roadway or between the nearest point of intersection and the terminus of the roadway. Lanes and alleys shall not constitute an intersection.
A broad street, highway, avenue, or road, often lined with trees.
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or fences, and designed to limit views and sounds from the subject property to adjacent properties and vice versa.
The alignment, which dictates the front yard primary facade setback from the street or public right-of-way, to be followed by buildings or structures fronting thereon. For the purposes of the within section a minimum of 50% of the facades effected must meet the build-to line. The build-to line does not apply to building projections or recesses above the first floor.
Horizontal molding projecting along the top part of a wall.
A small roof tower, usually rising from the roof ridge.
Garages constructed on residential lots, which are not attached to the principal residence except by pergolas, indoor or outdoor connecting corridors or the like.
A projecting flat horizontal member or molding.
The part of the end wall of a building between the eaves and a pitched or gambrel roof.
A component of common open space, comprised of one or more parcels with a minimum area of 500 square feet, of a distinct geometric shape, and adjoining a public right-of-way on at least one side.
A narrow right-of-way located through the interior of blocks and providing vehicular and service access to the side or rear of properties.
A line of communication, such as a pathway, arcade, bridge, lane, etc., linking two areas or neighborhoods which are either distinct or separated by a physical feature (e.g. a railroad line, major arterial) or a natural feature (e.g. a river, stream).
A horizontal beam over an opening in a masonry wall, either structural or decorative.
A building containing more than one use including multistory structures with commercial/retail on the ground level, and apartment dwellings or offices on the upper levels. Such buildings shall vary in terms of footprint and architectural elevations. In a three-story building, the second floor may contain either apartment dwellings or commercial uses. In no case shall there be more than three residential apartment units per structure. Commercial uses can be mixed and integrated with dwelling units and public and semi-public uses, community clubs, and community facilities.
An interconnected system of streets and avenues which is primarily a geometric/rectangular grid in pattern, however, modified in street layout and block shape as to avoid a monotonous repetition of the basic street/block grid pattern. Streets and avenues should be limited to a maximum length of 400 to 800 feet in length without visual terminations.
A column partially embedded in a wall.
An open sided structure attached to a building sheltering an entrance or serving as a semi-enclosed space.
Balconies, stoops, open porches, decks, bay windows, raised doorways, chimneys, and awnings projecting from the front facade may lie within the front yard no closer than 10 feet from the property line, and projecting from the side facade lie within the side yard no closer than three feet from the property line. Front steps may lie within the front yard no closer than five feet from the property line. Garages, decks, carports, pergolas, porches, patios, arbors and balconies in the rear yard must maintain a minimum three-foot sideyard setback and a minimum five-foot rear yard setback. Swimming pools must maintain a minimum seven-foot setback from side and rear property lines and permitted setback encroachments must be included in the maximum impervious coverage calculation for any lot.
a.
These design standards shall supersede any of the other design regulations within the Township Land Development Ordinance as they apply to the TC and TC1 zoning districts only and shall be the design basis for the lands within the TC and TC1 zoning district. Whenever other provisions of this chapter or other Township ordinances or regulations impose different standards and requirements than those contained herein, the provisions of this section shall apply.
b.
Any applicant seeking to develop properties located within the TC1 zoning districts shall be required per N.J.A.C. 40:55D-45 to provide a general development plan which shall be subject to review and approval by the Township Planning Board. The purpose of the general development plan shall be to establish parameters within which permitted housing stock shall be constructed in conjunction with the construction of retail/office uses, open space dedications and other residential construction within the TC1 zoning district. For the purposes of this section, the general development plan shall be prepared in accordance with the requirements of the Township Land Development Ordinance as modified by this section and per N.J.A.C. 40:55D-45.2. The general development plan shall include, but not be limited to, the following:
1.
General Land Use Plan;
2.
Circulation Plan;
3.
Open Space Plan;
4.
Utility Plan;
5.
Stormwater Management Plan;
6.
Environmental Inventory;
7.
Community Facility Plan;
8.
Housing Plan;
9.
Local Service Plan;
10.
Fiscal Report;
11.
Historic Preservation Plan;
12.
Phasing/timing schedule.
| The developer is encouraged to submit a sketch plan of the general development plan for the review and comment of the Planning Board prior to the submission of the general development plan. Included in this plan shall be a block plan indicating the block layout and block types proposed and a public space plan indicating the layout and types of open space and streets proposed. |
c.
Prior to approval of the general development plan, the Planning Board shall find and consider the following:
1.
That departures by the proposed development from zoning regulations otherwise applicable to the TC1 zoning districts conform to the zoning ordinance standards pursuant N.J.A.C. 40:55D-65;
2.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
3.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
4.
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
5.
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
d.
The development standards contained herein are both written and illustrated. The illustrations and written text are intended to be complementary and wherever an apparent inconsistency exists an applicant may apply to the Planning Board for an interpretation of the ordinance regarding such standard.
e.
Any application seeking a deviation from the provisions of this chapter relating to the design standards, the percentage or types of dwelling units or the amount of commercial development measured in floor area, shall be treated as permitted uses which may be subject to conditions at the time of approval by the Township Planning Board.
f.
Proposed deviations shall be reviewed and approved or denied by the Planning Board based upon the following criteria:
1.
The design and deviation shall be in harmony with the purpose and intent of this section.
2.
The design and deviation shall generally enhance the street and/or building regulating standards, or in any case, not have an adverse impact on its physical, visual, or spatial characteristics.
3.
The design and improvements shall generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.
4.
The modification shall not result in configurations of lots or street systems which are impractical or detract from the appearance of the development.
5.
The proposed modification shall not result in any danger to the public health, safety, or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air, or by violating the other purposes for which zoning ordinances are to be enacted.
6.
Landscaping and other methods shall be used to insure compliance with the design standards and guidelines of this section.
7.
The applicant shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.
8.
In the event of the granting of a deviation, the Planning Board may impose such conditions it deems necessary to permit the deviation while insuring the integrity of the TC and TCI zone districts.
a.
The TC1 district shall incorporate varying block configurations that coincide with the existing TC district's street grid and provide for a variety of lot sizes and types.
b.
Streets shall curve at strategic locations to allow the grid pattern to be unique so as not to have a static street pattern. The modest bend or curve should not affect the overall lot layout but will instead promote flexibility and character. To the greatest extent possible, existing topography should be used to provide added interest and character to the street layout.
c.
Blocks shall be grouped in such a manner as to reinforce the concept of traditional farm village development that is evident in the TC district by concentrating most activity near the existing village and the least near agriculture. A connection should be created with the existing village through the extension of the existing street pattern. An agricultural buffer should be utilized to set limits on village extension growth and provide a buffer between the TC and TC1 district and the surrounding farmland.
d.
A block consisting of between one and 10 lots shall be developed with the minimum of three different base model type homes. Each base model type home in any block shall have at least two alternative front elevations containing different design features.
e.
All streets and boulevards shall be built to the specifications set forth in this section. The TC1 zoning districts permit the construction of four street types.
f.
Streets shall have specifically been designed to provide a sense of enclosure, enhance neighborhood character and promote pedestrian accessibility. Each street has been designed and specified for right-of-way, street pavement, parkway, sidewalk, landscaping, lighting, parking, average daily traffic (ADT), and curb radii.
g.
The commercial mixed-use street shall have a rear lane/alley.
h.
Parallel parking shall be provided on all street types unless designated otherwise in the Street Regulating Standards. Diagonal head-in parking is permitted along the front of commercial/office uses. Curbside parking shall not be permitted within 25 feet of an intersection.
i.
Planted parkways shall be provided at a minimum of five feet in width. Sidewalks shall have a minimum width of five feet, except along commercial uses where the sidewalk shall be larger. At corners, handicapped ramps shall be provided. Sidewalks in commercial areas shall be continued across street surfaces using paving materials to delineate crosswalks.
j.
Curbing shall be required on all streets. Curb radii is specified in the individual street type descriptions. Granite block curbing, or equivalent, is recommended. Such curbing shall not extend more than six inches above the finished pavement on all streets.
k.
Streets in the TC and TC1 zone districts shall be connected with streets in the existing adjacent developments, and shall provide for the continuation of the circulation pattern in the existing community.
l.
Each street shall be designed based on a defined hierarchy to control through traffic, minimize direct lot access to collector streets, and promote safe and efficient mobility through the TC and TC1 zone districts.
a.
Buildings shall define the streetscape through the use of uniform setbacks for each block. The streetscape shall also be reinforced by lines of uniformly spaced shade trees and may be further reinforced by walls, hedges, or fences which define front yards.
b.
Roof types shall be front or side gable, gambrel, mansard, hipped, salt box or combinations thereof. The pitch of the principle roof is encouraged to be 9/12. The principal pitch may be reduced if there are overhanging eaves that are either bracketed or have exposed rafters. Flat roofs are discouraged unless the front facade of the building includes a pediment or false front.
c.
The recommended pitch for hipped roofs is 6/12. Gable and hipped roofs should provide overhanging eaves on all sides, which extend a minimum of one-foot beyond the building wall. Mansard roofs are discouraged on buildings less than three stories in height.
d.
The architectural style of a building shall be continued in all of its major features on all sides visible from a public street. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors, and details. Blank walls, containing no door or window openings are discouraged. The total window area shall not be less than 10% of the projected surface area.
e.
All entrances and doors to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades, fanlights, transoms and sidelights where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors, and details of the building as a whole, as shall the doors.
f.
Second floor entrance, when the entrance is acceptable, shall be located on the rear or side facade provided they are not fronting on any public street.
g.
The front facade of the principal building on any lot in the TC and TC1 districts shall face onto a public street, and shall not be oriented to face directly toward a parking lot. However, the orientation of the front facade shall not be angled in such a way as to face two public streets on a corner lot.
a.
New structures constructed within the TC and TCI district shall be similar in size, scale, and mass to existing structures within the adjacent TC district community.
b.
Facade materials for residential buildings include:
Wood clapboard.
Simulated clapboard.
Brick (English, Common, Flemish Bond).
Wood shingles.
Simulated wood shingles.
Indigenous stone.
Synthetic stucco (EIFS).
The combination of materials is permitted upon approval of the Planning Board and the Historic Preservation Committee (if required). Nonhistoric brick bonding patterns are prohibited.
c.
The first floor elevations for all residential buildings, except for apartment dwellings and assisted living care facilities, shall be two feet above the residential sidewalk line.
d.
Townhouses shall have a coherent architectural style and color scheme.
e.
No more than eight townhouse units may be built in a row. If there are eight units in a row within that fabric, a common pedestrian access to the rear alley/lane is required.
f.
All residential units shall have either a porch, covered portico, or decorated entrance on the street facade of the building. Front porches shall be located on the front facade facing the street and may be wrapped around the side wall of the dwelling. A minimum of 60% of all dwelling units shall incorporate a covered front entry porch into the front facade of the building. The size of the front entry porch shall be a minimum of six feet deep and 10 feet in length. Open or covered stoops are recommended on townhouses although porches are permitted.
g.
No two detached single-family homes with the same basic floor plan and style shall be constructed adjacent to one another unless there is substantial differentiation in the front elevation consisting of at least three of the following:
h.
Garages shall be no larger than 1,260 square feet and may be either attached, detached, or a property may have one of each, provided the impervious coverage maximum is not exceeded. Garages shall be provided in the rear or side yards, accessed from driveways, lanes, or adjacent streets. Front loading garages shall be set back a minimum of 10 feet from the principal facade. Garage doors shall not exceed eight feet in width. The number of individual garage doors that may be on any single lot is three, unless there is both an attached and detached garage, in which case the maximum is six, with three on each garage.
[Amended 11-17-2020 by Ord. No. 2020-11]
a.
Facade materials and treatment for commercial and/or mixed-use buildings include the following:
Brick.
Stucco.
Stone.
The combination of materials is permitted upon approval of the Planning Board and the Historic Preservation Committee (if required). Nonhistoric brick bonding patterns are prohibited.
b.
In mixed-use buildings, the difference between ground floor commercial uses and entrances for upper level commercial or apartment uses shall be reflected by differences in facade treatment. Storefronts and other ground floor entrances shall be accentuated through cornice lines. Further differentiation can be achieved through distinct, but compatible, exterior materials, signs, awnings, and exterior lighting. Ground floor retail, service, and restaurant uses shall have large pane display windows that are framed by the surrounding wall and not to exceed 75% of the total ground level facade area.
c.
Awnings and outdoor displays not to extend more than five feet from the facade. Stairs to upper levels must be inside building footprint. Balconies for housing on second floor shall not extend more than five feet.
The front yard of all lots may be clearly defined by landscaping, hedging, picket fencing, or a wall that defines the transition from public to private space. Fences, hedges, and walls shall be limited to a maximum of 3 1/2 feet in height. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal building on the same lot. Chain link fences are prohibited.
Street lights shall match the decorative light fixtures that exist in the TC district according to existing height, model specifications, and spacing.
a.
Landscape plantings shall be provided according to the minimum standards specified below. Additional standards per Subsection 12-5.7 shall be applied to the TC and TCI districts. Where a conflict is evident with the regulations of Subsection 12-5.7, the standards contained within this subsection shall control.
b.
Within two years from the time of planting, all dead or dying plants, whether installed new, transplanted, or designated as existing trees to be retained on the plan, shall be replaced by the developer. The developer shall be responsible for the required maintenance and watering during the initial two years.
c.
Street trees shall be planted on both sides of the street and in the parkway between the curb and sidewalk, if such exists. Attention to tree selection should be based on providing trees that will not contribute to severe buckling of the sidewalk. A polyurethane root barrier shall be installed to a depth of 18 inches within the planting bed, between the sidewalk and curb. Existing trees shall be used where possible.
a.
Off-street parking areas for commercial uses must be located to the rear of the building and appropriately buffered. Off-street parking for commercial uses shall be sufficient to provide parking for the employees and customers for all proposed uses as per the minimum requirements in Subsection 12-5.10.
b.
Parking for all residential dwellings units shall be prohibited from occurring within the front yard setback areas. Driveways and driveway access in the front yard area is discouraged for lots that have rear yard access to adjacent alleys and lanes. Driveways shall be set back a minimum of three feet from the side of dwelling units. Parking areas shall be set back a minimum of 10 feet from the rear of dwelling units. Driveways shall be setback a minimum of three feet from any side property line, unless dwellings on two adjacent lots share such driveway. Common driveways may be located with centerline of the driveway coinciding with the common side lot line. Parking for townhouses shall be provided as driveways or garages with access from a rear lane only. Parking for apartments may be located in common parking lots located to the rear of the building and/or lots located on a lot other than that containing the apartment building entrances.
a.
The standards controlling open space areas shall be provided according to the minimum standards specified below. Additional standards per Subsection 12-4.18 shall be applied to the TC and TCI districts. Where a conflict is evident with the regulations of Subsection 12-4.18, the standards contained within this subsection shall control.
b.
Development within the TCI zoning district shall provide for a minimum of 20% total open space. At least 50% of the open space within this district shall be functional uplands and not part of environmentally sensitive areas or stormwater management facilities.
c.
The location of the open space shall be coordinated with the adjacent existing open space areas, and, if appropriate, shall connect with, expand, or enhance adjacent open space or recreational areas.
d.
Agricultural properties located adjacent to the TC and TC1 districts shall be protected and buffered from residential encroachment to the maximum extent possible. The agricultural buffer shall be established on the perimeter of any TC or TCI district that adjoins an agricultural activity. The buffer shall be at least 50 feet wide and shall be planted with native plant material. Pedestrian or bicycle paths may traverse the agricultural buffer.
e.
Open spaces shall be used for social, recreational, and/or natural environment preservation purposes. The uses authorized must be appropriate to the character of the open space, including its topography, size and vegetation, as well as to the character of the development, including its size, density, characteristics of the expected population, and the number and type of dwellings to be served.
f.
Open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, wetlands, woodlands, specimen trees, and other areas of mature vegetation worthy of preservation is encouraged to be preserved and in its natural state. Certain improvements such as the clearing of trails for walking, jogging, hiking and/or picnicking may be made in the open space. Recreation facilities may also include soccer, baseball, football, and other field sports that utilize open, unlit fields.
g.
Walkways, jogging, and bicycle paths shall be integrally designed into the open space system. These pedestrian and bicycle paths shall be continuous and shall connect with the sidewalks and bicycle paths of adjacent streets. They shall be of adequate width and design to accommodate the projected volume of pedestrians and bicycles.
h.
The buildings, structures and improvements permitted in the open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the open space with regard to its topography and aesthetic value.
i.
The construction schedule of the development shall coordinate the improvement of the open space with the construction of residential dwellings. It is intended that 100% of the open space be developed and usable at 75% completion of the residential units in the TCI district.
j.
All public open space shall front on or have access to a public street on at least one side and shall be accessible by a pedestrian/bicycle path to residents within the TC and TC1 districts.
k.
Internal open spaces shall be provided and designed as active gathering areas for all residents of the development in both day and evening and shall include places for strolling, sitting, social interaction and informal recreation by various age categories. The internal open spaces shall be such that a minimum of 60% of the area is covered with trees, shrubs, lawn and ground cover.
a.
Residential dwellings within the TC and TCI zone may be identified either by numbered or lettered signs. Signs, identifying the occupants of the dwelling, shall be made of wood, stone, concrete, ceramic tile, or metal and may be placed flat against the dwelling or a gatepost. The maximum area of any such sign shall be 1.5 square feet. Such signs may not be internally illuminated.
b.
On-premises signs shall be permitted identifying any business, institution, use or occupation located within the TC and TC1 district. Wall signs shall be placed within an information bank immediately above the storefront. Wall signs shall not project more than 15 inches from the building surface, and shall not have an aggregate area of more than one square foot for each linear foot of building face parallel to the street lot line, or 10% of the wall area to which it is attached, whichever is less. No part of the sign shall be higher than 15 feet above the second floor window sill, parapet, eave, or building facade. Where more than one sign is attached to the same wall, the sum of the area of all of the signs shall not exceed the total sign size permitted per wall face. One wall-mounted sign, not exceeding six square feet in area, shall be permitted on any side or rear entrance, which is open to the public. Wall-mounted building directory signs identifying the occupants of a commercial building shall be of uniform design and shall consist of the same materials and not exceed three square feet, with each tenant limited to one square foot.
c.
On-premises projecting signs advertising an occupation or a business and mounted perpendicular to the building wall shall be permitted. Such projecting signs shall be constructed of wood, with carved, painted, or applied metal lettering and symbols. The total area of such projecting signs, measured on one face, shall not exceed eight square feet. Such signs shall project no closer than two feet to curb line, and shall have a minimum clearance over the sidewalk of eight feet.
d.
Window signs and/or door signs shall also be permitted, provided that such signage does not occupy more than 20% of the total window area. Such signs may be lettered on the glass, hung behind the glass, or incorporated into the windows. Neon window signs shall be permitted where they are compatible with the architectural character and use. Awnings attached above windows may also be lettered to identify the name of the ground floor business only, provided that such letters do not exceed 10 inches in height and shall not be attached to the underside of the awning and the awning sign is not used in addition to a wall-mounted sign.
e.
One freestanding sign may be placed in front of a commercial building that is set back at least five feet from the street right-of-way. Such signs shall have a maximum height of four feet and maximum area of 12 square feet. The sign shall be located in proximity to the main entrance to the business and its location shall not interfere with pedestrian or vehicular circulation. The signboard shall be architecturally compatible with the style, composition, materials, colors, and details of the building.
f.
No sign shall obscure important architectural features or details such as window openings, transom panels, sills, moldings, or cornices. Signs shall not be allowed on upper facades of buildings.
g.
Restaurants and cafes may also place a menu display on the outside of the building, in addition to the signage area regulated by this subsection.
[Amended by Ord. No. 2011-3]
a.
Every application for development shall be accompanied by a check payable to the Township of Southampton for the application charge and, if applicable, a check made payable to the Township of Southampton for the escrow account, in the total amount required in accordance with the following schedule:
| No. | Subject of Application | Application Fee | Escrow Account | |
|---|---|---|---|---|
| 1 | Reserved | |||
| 2 | Site Plan — Waiver Request | $200 | $2,500 | |
| 3 | Site Plan — Minor Site Plan | $200 | $5,000 | |
| 4 | Site Plan — Preliminary Major Site Plan (nonresidential) | $500 | $5,000 min. plus $500 per acre | |
| 5 | Site Plan-Preliminary Major Site Plan (residential and cluster development) | $500 | $5,000 min. plus $200/dwelling unit for multi-family or cluster development | |
| 6 | Final Major Site Plan (other than residential) | $500 | $5000 min. plus $500 per acre | |
| 7 | Final Major Site Plan (residential and cluster development) | $500 | $5,000 min. plus $200/dwelling unit for multi-family and/or cluster development | |
| 8 | Amended Minor, Preliminary Major and/or Final Major Site Plan | $500 | 50% of preliminary/final Escrow Account | |
| 9 | Request for Re-approval or Extension of Time | $200 | $500 | |
| 10 | Minor Subdivision (by plat or deed) 3 lots and a remainder | $200 | $1,000 per lot | |
| 11 | Preliminary Major Subdivision | $500 | $5,000 plus $200 each lot | |
| 12 | Final Major Subdivision | $500 | $5,000 plus $150 each lot | |
| 13 | Amended Minor, Preliminary Major and/or Final Major Subdivision | $500 | 50% of preliminary/final escrow account | |
| 14 | Conditional Use | $500 | Per site plan/subdivision requirement | |
| 15 | Appeals (N.J.S.A. 40:55D-70a) (single-family use) | $100 | $500 | |
| 16 | Appeals (N.J.S.A. 40:55D-70a) (2-family and multifamily) | $200 | $1,000 | |
| 17 | Appeal (N.J.S.A. 40:55D-70a) (all other uses) | $200 | $2,000 | |
| 18 | Interpretation of Zoning Regulations or Map (N.J.S.A. 40:55D-70b) | $100 | $500 | |
| 19 | Bulk Variances (N.J.S.A. 40:55D-70c) existing single-family use | $100 | $500 | |
| 20 | Bulk Variances (N.J.S.A. 40:55D-70c) existing two-family uses | $100 | $500 | |
| 21 | Bulk Variances (N.J.S.A. 40:55D-70c) all other uses | $200 | $1,000 | |
| 22 | Use Variance (N.J.S.A. 40:55D-70d) (single- or 2-family uses) | $200 | $1,500 | |
| 23 | Use Variance (N.J.S.A. 40:55D-70d) (all other uses) | $500 | $2,000 | |
| 24 | Building Permit in Conflict with Official Map or for a Lot Not Related to a Street (N.J.S.A. 40:55D-34 and -35) | $200 | $2,000 | |
| 25 | Sign or Fence not in conformance with ordinance requirements | $200 | $1,500 | |
| 26 | Preparation of Resolution: Preliminary and/or Final approval or denial | $500 each Resolution | N/A | |
| 27 | Preparation of Resolution: All other approvals or denials | $500 each Resolution | N/A | |
| 28 | Requested Special Meeting | $500 | $3,000 | |
| 29 | Certificate of Nonconformity (N.J.S.A. 40:55D-68) Within 1 year of ordinance adoption | $500 | N/A | |
| 30 | Certificate of Nonconformity (N.J.S.A. 40:55D-68) After 1 year of ordinance adoption | $500 | $5,000 | |
| 31 | Certified List of Property Owners | $0.25/name or $10 whichever is greater | ||
| 32 | Transcript of Meeting/Hearing | Billed actual cost by transcriber with minimum deposit and must provide copy to Township | ||
| 33 | Tax Map revisions for minor and major subdivisions | Minimum $500 for minor; major subdivision is $80 per lot for 1st 10 lots, $55 per lot for the next 20 lots, $40 per lot for next 20 lots and $30 per lot over 50 lots | ||
| 34 | Grading and Drainage Plan § 12-4.22.6 | $50 | Escrow Deposit - $750 | |
b.
Application fee and escrow deposits.
1.
The application charge is a flat fee to cover administrative expenses.
2.
The escrow account is established to cover the cost of professional services including engineering, planning, legal and other expenses associated with the review of submitted materials.
3.
All billings for professional services to be charged back to applicants shall be submitted on the same basis and at the same hourly rate as if the work was being performed directly for the Township.
4.
Sums not utilized in the review process shall be returned to the applicant.
5.
It shall be the obligation of the applicant to maintain the escrow deposit at the amount specified. The Administrative Officer shall notify the applicant whenever an additional deposit is required. Copies of all billings charged to the escrow account shall be provided to the applicant on request.
6.
The Township Administrator may waive the requirement for the additional payment if the Township Administrator determines that the amount in the escrow account will be sufficient to satisfy all additional billings that are reasonably anticipated.
7.
If the applicant objects to any payments out of the escrow account, the Township Administrator shall review the objections with the applicant and the professional in an effort to resolve any questions. If the matter is not resolved, a committee consisting of the Administrative Officer, the Township Administrator and the Chairperson of the Board shall review the questions. The determination of the committee shall be final.
8.
If the Administrative Officer determines that additional sums are necessary, the applicant shall be notified of the required additional amount and shall add that sum to the escrow account within 15 days.
9.
No approvals shall be granted or permits issued where there is a deficiency in the escrow account.
c.
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
d.
Each applicant shall agree to pay all reasonable costs for professional services required by the Township relating to the review of the application and for inspection of the improvements. All costs for review and inspection must be paid before any approved plat, plan or deed is signed or any construction permit is issued and all remaining costs must be paid in full before any occupancy of the premises is permitted or Certificate of Occupancy issued.
e.
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall arrange for the reporter's attendance.
f.
Whenever a special meeting of the Township Committee, the Planning Board or the Zoning Board of Adjustment is held for the consideration of one or more applications, all costs related to that special meeting, including administrative costs and professional fees, shall be the responsibility of the applicant or applicants whose applications are considered at the special meeting. If more than one applicant is considered at the special meeting, the costs shall be equally divided among the applicants.
a.
Performance guarantee estimate.
1.
No final application for development (whether for an entire tract or a section thereof) shall be approved by the Board unless the owner shall have filed with the Township a performance guarantee, in the form approved by the Township Attorney and accepted by the Township Committee assuring the installation of the public improvements on or before an agreed date as hereinafter provided. The performance guarantee shall not be required for any improvements, which the Township Engineer shall certify as having been completed in accordance with all applicable standards.
2.
It is the intention of the Township Committee that residents living in each new development be provided with a lot and/or dwelling unit and tract area that is complete with respect to the required improvements. In order to accomplish this objective, and except as hereafter provided, all improvements shall be completed as set forth in the performance guarantee.
3.
A performance guarantee estimate shall be prepared by the Township Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The Township Committee shall pass a resolution either approving or adjusting this performance guarantee.
b.
Approval by Township Attorney.
1.
The owner shall present two copies of the performance guarantee, in an amount equal to 120% of the approved performance guarantee estimate for approval as to form and execution by the Township Attorney.
2.
The Township Attorney shall notify the Administrative Officer when it is determined that the performance guarantee is properly executed. Until that notification is received no permits shall be issued for the project.
c.
Bonding and cash requirements.
1.
The performance guarantee shall be made payable and deposited to Southampton Township and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. Any letter of credit or performance bond shall not expire and may not be revoked, rescinded or cancelled except upon 60 days written notice given to the Township. Any notice shall be valid only if given both to the Township Administrator and to the Township Attorney. The Township shall issue its receipt for the deposits and shall cause the performance guarantee to be deposited in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.
2.
Ten percent of the amount of the approved performance guarantee shall be in the form of an irrevocable letter of credit or shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% fund herein mentioned should be first applied to the completion of the requirements and the cash, letter of credit, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, letter of credit, or surety bond shall recite the foregoing provisions.
d.
Inspection and tests.
1.
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The cost of the inspection shall be the responsibility of the owner who shall pay to the Township Treasurer a sum equal to 5% of the amount of the estimated costs for the required improvements for payment of the inspection costs. These sums shall be deposited into escrow account. If additional sums are deemed necessary, the owner shall be notified and shall add that additional sum to the escrow within 15 days.
2.
In no case shall any paving work be done without permission from the Township Engineer. At least two working days' notice shall be given to the Township Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.
3.
Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
4.
The Township Engineer's office shall be notified prior to each of the following phases of work so that the Township Engineer or a qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities.
5.
Any improvements installed contrary to the plan or plat approved by the Township shall constitute just cause to void the municipal approval.
6.
Any improvement installed without notice for inspection pursuant to Subsection 12-7.2d,4 above shall constitute just cause for:
(a)
Removal of the uninspected improvements;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed during any material testing; and/or
(d)
The issuance of a stop work order by the Township Engineer pending the resolution of any dispute.
7.
Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and the contractor, if any.
8.
Upon the completion or substantial completion of all required appurtenant utility improvements, and the connection of them to the public system, the obligor may notify the Township Committee in writing, by certified mail in care of the Township Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Township Engineer. Within 10 working days of receipt of the notice, the Township Engineer shall inspect all the improvements as to which the notice has been given and file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of the improvements with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
9.
Whenever a developer requests acceptance, in whole or in part, of certain improvements by the Township and the residents of the subject property are represented by a homeowner's association, a copy of the request and of the Township Engineer's report shall be mailed to the homeowner's association 10 days prior to any action by the Township to accept or reject the improvements.
e.
Release. The Township Committee shall approve, partially approve or reject the improvements, on the basis of the report from the Township Engineer, and shall notify the obligor, in writing, by certified mail, of the Engineer's report and the action of the Township Committee, not later than 65 days after the receipt of the written notice of the obligor of the completion or substantial completion of the improvements. Failure of Township Committee to send or provide the notification to the obligor within the 65 days shall be deemed to constitute approval of the improvements and the obligor and the surety, if any, shall be released from all liability pursuant to the performance guarantee for the improvements.
1.
Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guarantee for the improvements, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the performance guarantee posted may be retained to ensure the completion of all improvements and that the 30% may be applied against all improvements, regardless of when completed.
2.
If any portion of the required improvements is rejected, the obligor shall complete the improvements and, upon completion, shall notify the Township Committee as specified in Subsection 12-7.2d,8 of this chapter and the same procedures shall be followed as in the first instance.
f.
Conditions and acceptance of improvements. The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system, or any other improvement, nor shall the approval obligate the Township in any way to exercise jurisdiction over the street or drainage system or other improvement. The Township Committee shall accept no improvement unless and until all of the following conditions have been met:
1.
The Township Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter;
2.
The final application for development shall have been approved by the Board;
3.
The owner shall have filed with the Township Committee a maintenance guarantee in an amount equal to and not more than 15% of the cost of installing the improvements.
(a)
The maintenance guarantee shall run for a period of two years. The procedures and requirements governing the maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of the improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and
4.
An "as built" plan and profiles of all utilities and roads (three (3) black and white prints plus a Mylar copy to be sent to the Township Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.
5.
A copy of the request to the Township Committee for the acceptance, in whole or in part, of improvements and of the Township Engineer's report thereon shall be mailed to the homeowner's association consisting of the residents of the subject development at least 10 days prior to any consideration of the request by the Township Committee. Proof of mailing shall be filed with the Township Clerk.
g.
Extension of time. The time allowed for installation of the improvements for which the performance guarantee has been provided may, but need not, be extended by the Township Committee by resolution, provided that the current cost of installation of the improvements shall first be predetermined by the Township Engineer and if the current cost is found to be greater than the cost as originally determined, the applicant shall be required to increase the amount of its performance guarantee to an amount equal to 120% of the cost of installation as predetermined, as a condition of any extension. In the event that the redetermined cost shall be less than the cost as originally determined, and in further event that the applicant's performance guarantee exceeds 120% of the redetermined costs, the applicant shall be entitled to a reduction of its performance guarantee to an amount equal to 120% of the redetermined costs.
a.
Developer's responsibility prior to acceptance. Until Township Committee shall accept a dedicated right-of-way and/or dedicated street improvements, which acceptance shall be by formal action as provided by ordinance and general law, the developer responsible for dedicating the right-of-way and/or constructing the improvements shall be and at all times remain solely responsible for the maintenance of the right-of-way and/or improvements, at the developer's sole cost and expense. In the case of control and removal of snow and ice, the developer shall be expected to perform the same maintenance functions at the same level of performance and on the same schedule as the Township maintains as to accepted streets and roads.
b.
Failure to maintain; violation; penalties and remedies. It shall be a violation of this chapter for a developer having responsibility for maintenance of a dedicated right-of-way and/or dedicated street improvements to fail to do so within a reasonable time after receipt of notice from the Zoning Officer that maintenance is required. Penalties and remedies are set forth in Subsection 12-8.5.
These rules, regulations and standards shall be considered to be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant exceptions and waivers from the requirements for subdivision or site plan approval as specified in § 12-9 if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable, must not be substantially detrimental to the public good and must be within the general purpose and intent of the rules, regulations and standards established by this chapter.
The Zoning Board of Adjustment shall have the power to grant exceptions and waivers in the same manner and to the same extent as the Planning Board whenever acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "d" variance.
[Amended by Ord. No. 2006-2]
a.
The Construction Official and the Zoning Officer. It shall be the duty of the Construction Official and the Zoning Officer of the Township to administer and enforce the provisions of this chapter. No new structure shall be erected and no improvements to the interior of an existing building shall be constructed unless a construction permit is obtained from the Construction Official in accordance with the New Jersey State Uniform Construction Code. No structure or lot shall be used in violation of this chapter.
1.
It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data constitute public records of the Township. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Committee.
2.
It shall be the duty of the Zoning Officer to inspect the structures and land in the Township and to order the owner in writing to remedy any condition found to exist in violation of the provision(s) of this chapter. For purposes of this inspection, the Zoning Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law. The order shall specify that the owner must contact the Zoning Officer within 15 days after service of the order to propose a plan to remedy the violations cited.
3.
In the event that an owner cited for violations of this chapter fails to propose a remedial plan within 15 days, or in the event that the plan proposed is deemed unacceptable to the Zoning Officer, the Zoning Official shall so inform the Township Administrator and Township Attorney. The Township Attorney shall advise the Township Administrator and Zoning Officer of the legal options available to facilitate remedial action in each individual case.
b.
Construction permits. Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be as set forth in the Revised General Ordinances of the Township of Southampton.
c.
Escrow deposits and performance guarantees required. Deposits for all estimated inspection fees and for all performance guarantees required by this chapter shall be posted with the Township before any work begins on any construction or any site work in accordance with any approved development plan.
d.
Certificate of occupancy.
1.
Upon the completion of any building, structure or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or the owner's agent may apply to the Construction Official, in writing, for the issuance of a Certificate of Occupancy for the structure, building or alteration pursuant to the provisions of this section, but only when:
(a)
The structure or part(s) thereof and the proposed use conform to this chapter and all other Township codes and ordinances;
(b)
Prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate municipal agencies in accordance with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid; and
(d)
A letter from each utility, public or private, providing service to the property has been received by the Township certifying that the utility service has been inspected in accordance with the approved plan and is ready for use.
(e)
All outstanding escrow balances are settled.
2.
Every application for a Certificate of Occupancy shall be accompanied by payment of the fee set forth in the Revised General Ordinances of Southampton Township.
3.
The Construction Official shall issue a Certificate of Occupancy to the owner of every structure, building or alteration entitled to receive a Certificate of Occupancy, within the time and in accordance with the procedures set forth in the New Jersey State Uniform Construction Code, and in this chapter.
4.
With respect to any finally approved subdivision and/or site plan, or any development where storm drainage improvements or easements are proposed or approved pursuant to Subsections 12-5.3, 12-5.4, or otherwise, a release of performance guarantee shall only be issued upon completion of the improvements required as part of the development approval. The developer shall, further, file with the Administrative Officer and the Township Engineer an "as built" plan, certified by a licensed land surveyor. The preparation of "as built" plans shall be included as a line item in the performance guarantee estimate, and the performance guarantee shall not be released until the "as built" drawings have been reviewed and approved by the Township Engineer. Should the "as built" drawings differ from the approved plan, no performance guarantee shall be released until corrections are made or the changes are approved by the Township Engineer. The contents of the "as built" drawings shall be established by the Township Engineer as approved by resolution of the Township Committee but shall, at a minimum include, where applicable, the location of all structures, curbs, utilities, water supply and sewerage treatment facilities serving the property, storm drainage facilities, rough grading of property, base course of streets serving the property, and base course of driveways and parking areas. The Township Engineer, with the approval of the Township Committee, may waiver individual requirements in appropriate circumstances.
5.
With respect to any individual residential lot within a subdivision, a Certificate of Occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection 12-8.3d,4, to the extent that the improvements are required as part of the subdivision approval:
6.
A copy of the Certificate of Occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
7.
Should the Construction Official decline to issue a Certificate of Occupancy, the reason for doing so shall be stated on two copies of the application and one copy shall be returned to the applicant.
8.
A temporary Certificate of Occupancy may be issued for a new structure or use for which site approval has been granted although there has not been compliance with all conditions of the approval. A temporary Certificate of Occupancy shall be issued only in extenuating circumstances and only with the approval of the Construction Official who shall establish specific terms and conditions, including, but not limited to, a time limit for the installation of the uncompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan.
9.
A monthly report of the Certificate of Occupancy issued shall be filed with the Tax Assessor. A record of all Certificates of Occupancy shall be kept in the office of the Construction Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the Township Committee except that there shall be no charge to a municipal agency.
10.
The following shall be unlawful until a Certificate of Occupancy is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored, altered, or moved, or any changes in the use of an existing building.
(b)
Occupancy, use or change in use of vacant land, other than for agricultural purposes.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
a.
A prospective purchaser, prospective mortgagee or other person interested in any land in the Township which has been part of a subdivision in effect as of July 14, 1973, may apply in writing to the Administrative Officer for the issuance of a certificate certifying whether or not the subdivision has been approved by the Planning Board.
b.
The application for a Subdivision Approval Certificate shall contain a diagram showing the location and dimension of the land to be covered by the Certificate and the name of the owner thereof. A fee, as provided in Subsection 12-7.1 shall be paid to the Administrative Officer, on behalf of the Township, for the Certificate.
a.
It shall be a violation of this chapter for any building or structure to be erected, constructed, altered, repaired, converted or maintained, or for any building, structure or land to be used, occupied, transferred or sold, except in conformity with the requirements of this chapter and any permits, certificates or authorizations as may be issued pursuant thereto.
b.
It shall be a violation of this chapter for any property to be used in a manner not shown on the approved site plan.
c.
All properties with approved site plans must be maintained in accordance with the approved site plan for the period of all performance and maintenance bond coverage, including, but not limited to, the maintenance of the landscaping and lighting elements of the approved site plan. Whenever landscaping elements must be replaced, the replacement elements shall be of a size reasonably comparable to the elements that have survived and which do not require replacement.
d.
Parking spaces shown on an approved site plan for automobile parking are not to be used for trucks or other oversized vehicles. Trucks and other oversized vehicles shall be parked only where specifically provided for on an approved site plan.
e.
The Township of Southampton, in addition to other remedies, may prosecute any violation of this chapter by filing a complaint against the alleged violator in Southampton Township Municipal Court.
f.
Any person who shall be adjudged by the Southampton Township Municipal Court to have violated any provision of this chapter shall be subject to the penalty set forth in this subsection, except that the maximum daily fine for each violation shall be $1,000.
g.
In addition to the remedies set forth above and in addition to other remedies, the Township of Southampton and/or any interested party may initiate an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the occupancy of any building, structure, or land; or to prevent any illegal act, conduct, business or use in or about the premises.
h.
Procedure for the Recovery of the Costs of Abatement and Correction of Violations.
1.
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Administrative Officer shall be served on the person or persons responsible for the correction thereof.
2.
The notice shall specify the violation or violations committed, what must be done to correct the violations, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order 10 days after service unless a hearing is requested. The notice shall also advise the recipient that if the violation is not corrected or abated, the Township may do it, the costs of which shall become a lien on the subject property.
3.
Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served. The "last known address" shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, service may be accomplished by printing the notice in the newspaper designated for official notices of hearings under this chapter at least one time. Service upon any owner, operator or occupant may also be attained by service of any notice upon a member of the family over 14 years old of the owners, operator or occupant. The date of service of notice shall be determined where service is by mail as of the day following the day of mailing of notices to addresses within the Township, and as of the third day after the day of mailing for notices to addresses outside the Township. Where the day of service would fall upon a Sunday or other day where mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
4.
Ten days after the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, serves a written request within the ten-day period in person or by mail on the Township Administrator. The request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Township Committee, upon receipt of the request shall within 30 days therefrom and upon five days' notice to the party aggrieved hold the hearing.
5.
At any hearing the Township Committee shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any hearing which may be pertinent to matters to be determined and to enforce any subpoena or secure any order for the enforcement of any subpoena as provided by law. A determination shall be made within 15 days from the completion of the hearing. The Township Committee shall issue an order either incorporating the determinations and directions contained in the notice, modifying the notice or withdrawing the notice.
6.
The Township Administrator or the Township Committee may extend the time for correction or abatement of the violations for an additional period of time not to exceed 60 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 180 days beyond the expiration date of the original notice.
7.
Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Committee may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition immediately within a period of time not to exceed three days, and upon failure to do so, the Township Committee may abate the condition immediately thereafter.
8.
Where abatement of any nuisance, correction of a defect in the premises or the maintenance of the premises in a proper condition as to conform to this chapter, an approved site plan, other Township ordinances or State law requires expending Township monies therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Committee with an estimate of the costs along with a summary of the proceedings undertaken to secure compliance including notices served upon the owners, operators, lessors or agents, as the case may be, and hearing and orders of the Township Committee. The Township Committee may thereupon order the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the State. The enforcing officer may thereafter proceed to have the work performed in accordance with the order at Township expense not to exceed the amount specified in the order, and shall upon completion thereof submit a report of the monies expended and costs to the Township Committee. After review of the same, the Township Committee may approve the expenses and costs whereupon they shall become a lien against the premises collectible as provided by law for the collection of tax liens. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township who shall be responsible for the collection thereof, and a copy of this resolution shall be sent by certified mail to the owner at the last known address of the owner as shown on the tax records of the Township.
[Amended by Ord. No. 2009-3]
a.
The Zoning Officer is hereby authorized and directed to issue zoning permits as a prerequisite to site plan approval or the issuance of a construction permit or other permits or approvals needed to develop an existing lot of record within the Township of Southampton.
b.
Applications for a zoning permit.
1.
An application for a zoning permit shall be submitted to the Zoning Officer and shall include the following:
(a)
The applicant's name and address;
(b)
The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate, and that duly authorized representatives of the Township of Southampton and the Pinelands Commission are authorized to inspect the property;
(c)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(d)
The street address, if any, and block and lot number of the property;
(e)
Proof that tax payments for the property are current;
(f)
Acreage of the property in square feet;
(g)
A dated plot plan, with the scale noted, showing:
(1)
The zoning district in which the property is located;
(2)
The location and dimensions of all property lines, easements affecting the property and streets abutting the property;
(4)
The location and use of all existing structures and improvements on the property and their intended disposition;
(5)
A building envelope within which any proposed structure is to be located;
(6)
The location and dimensions of the proposed driveway;
(7)
The location and dimensions of any proposed accessory structures or improvements;
(8)
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located; and
(9)
The location of any proposed water supply well.
(h)
If proposed, certification that central sewer and/or water service are available; and
2.
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapters 12 and 19. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapters 12 and 19.
3.
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapters 12 and 19.
Within 10 business days of receipt of an application and payment of an application fee of $35, the Zoning Officer shall determine whether the application is complete. If the Zoning Officer determines that the application is not complete, he shall notify the applicant of the additional information which is necessary to complete the application.
c.
Permit decisions. Within 10 business days of determining an application to be complete, the Zoning Officer shall issue either a zoning permit or a denial to issue a zoning permit.
d.
Zoning permit.
1.
A zoning permit shall be issued if:
(b)
No Waiver of Strict Compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary or any such waiver has been approved by the Pinelands Commission; and
(c)
For applications in the Pinelands Area, a duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the zoning permit.
3.
The Zoning Officer shall provide a copy of the application and the zoning permit to the Pinelands Commission within five days of the issuance.
e.
Effect of zoning permit.
2.
A zoning permit shall be valid for two years and shall, during that two-year period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive revisions of the Code of Southampton Township or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.; and
(b)
Any subsequent approvals may be sought without the need for a certificate of filing from the Pinelands Commission.
3.
For applications in the Pinelands Area, any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of Subsections 19-1.5e. through h.
f.
Denial of zoning permit.
1.
The Zoning Officer shall issue a denial to issue a zoning permit if any of the following are found to apply:
(a)
A variance from the Code of Southampton Township is required;
(b)
A variance from the Code of Southampton Township is not required but the Zoning Officer determines that the application does not meet any requirement of Chapter 19 that reflects a provision of the Pinelands Comprehensive Management Plan;
(c)
A Waiver of Strict Compliance from the Pinelands Comprehensive Management Plan is required; or
(d)
The duly authorized representative of the Pinelands Commission has not attested to the consistency of the application with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
2.
A denial to issue a zoning permit shall expressly reference the reasons why the denial was issued. If the denial is predicated solely upon the need to obtain a variance from Chapters 12 and 19, the denial shall also indicate that upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a zoning permit may be issued pursuant to paragraph d. above.
4.
When a denial to issue a zoning permit is predicated wholly or in part upon paragraphs f1(b), (c) or (d) above, the Zoning Officer shall provide the original application and a copy of the denial to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and Subsection 19-1.5a through h of the Code of Southampton Township. In lieu of a zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction permit or other permits or approvals.
g.
Revocation of zoning permit. The Zoning Officer shall revoke any zoning permit approval should the permit holder fail to:
a.
A Zoning Board of Adjustment is hereby created, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and two alternate members, each of whom shall be residents of Southampton Township and be appointed by the Township Committee. The terms of all new members appointed shall be so determined that, to the greatest practicable extent, the expiration of their terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment; provided, however, that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years and the term of each alternate member shall be two years.
b.
Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in the all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate is to vote, "Alternate No. 1" shall vote.
c.
No member of the Zoning Board of Adjustment shall hold an elective office or position under the municipality.
d.
Any vacancy on the Board occurring other than by expiration of term shall be filled by appointment by the Township Committee to serve for the unexpired term of the member whose term shall become vacant. The Township Committee for cause, but only after public hearing may remove a member, if requested, and other requested procedural due process protections.
e.
No member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
f.
If the Zoning Board of Adjustment lacks a quorum because any of its regular members is prohibited by Section N.J.A.C. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
g.
The Zoning Board of Adjustment shall organize annually by selecting from among its regular members a Chairman and a Vice-Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or a municipal employee.
h.
The Township Committee, after giving due consideration to budget requests that may be submitted by the Zoning Board of Adjustment, shall make provisions in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment.
i.
The Office of Zoning Board of Adjustment Attorney is hereby created. The Board of Adjustment may annually appoint to that office and fix the compensation or rate of compensation of an attorney-at-law of New Jersey other than the Municipal Attorney.
j.
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of those experts and other staff and services as it may deem necessary.
k.
The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
The Zoning Board of Adjustment shall have the power to:
a.
Error or refusal. Hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of the zoning provisions of this chapter.
b.
Exceptions or interpretations. Hear and decide requests for interpretation of the Zoning Map or the provisions of this chapter or for decisions upon other special questions upon which the Board is authorized to pass by any provisions of this chapter or by any duly adopted Official Map.
c.
General bulk variances.
1.
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of the property, grant, upon an application or an appeal relating to the property, a variance from the strict application of the regulation so as to relieve the difficulties or hardships;
2.
Where, in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning regulation;
| Provided, however, that no variance from those enumerated in N.J.S.A. 40:55D-70[d] shall be granted under this subsection; and provided further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance. |
d.
Use Variance, Variances from Conditional Use Standards, and Major Specific Bulk Variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter to permit:
1.
A use or principal structure in a district restricted against the use or principal structure;
2.
An expansion of a nonconforming use;
3.
Deviation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use, except for those specifications or standards that the Planning Board is authorized to waive or modify by this chapter;
5.
An increase in the permitted density as defined in § 12-2 and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to N.J.S.A. 40:55D-70[c]
6.
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
| A variance under this subsection shall be granted only by the affirmative vote of at least five members of the Board. |
e.
General provisions.
1.
No variance or other relief may be granted under the terms of this subsection unless the variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan and the zoning provisions of this chapter.
2.
In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" (N.J.S.A. 6:1-80 et seq.), no variances or other relief may be granted under the terms of this subsection permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation.
3.
An application under this subsection may be referred to any appropriate person or agency for its report; provided that the reference shall not extend the period of time within the Zoning Board of Adjustment shall act.
f.
Other powers. The Zoning Board of Adjustment shall have those other powers as prescribed by law, including, but not limited to, the following:
1.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map of the municipality whenever one or more parcels of land within the bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant the relief only by affirmative vote of a majority of the full, authorized membership of the Zoning Board of Adjustment, ensuring that the relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.
2.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not related to a street which is shown on a duly adopted Official Map of the municipality or which is (a) an existing State, County or municipal street or highway; or (b) a street shown upon a plat approved by the Municipal Planning Board; or (c) a street on a plat duly filed in the office of the County Recording Officer. The Board may grant the relief only when the enforcement of the requirement that a building lot abuts a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for firefighting equipment, ambulances and other necessary emergency vehicles for the protection of the public health and safety and that will protect any future street layout on the Official Map or on the general circulation plan element of the Municipal Master Plan.
3.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to N.J.A.C. 40:55D-70.
(a)
The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use.
(b)
The Zoning Board of Adjustment shall condition the separate approval of the variance upon a grant of all required subsequent approvals.
(c)
No such subsequent approval shall be granted unless that approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the provisions of this chapter.
(d)
The number of votes of Board members required to grant the subsequent approval should be as otherwise provided in this chapter for the approval in question and the special vote pursuant to N.J.A.C. 40:55D-70 shall not be required.
4.
Whenever an application for development requests relief pursuant to Subsection 12-9.6, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
g.
Annual report. The Zoning Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Zoning Board of Adjustment shall send copies of its report and resolution to the Township Committee and to the Planning Board.
h.
If, in the case of an appeal made pursuant to N.J.A.C. 40:55D-70, the Board determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the Historic Preservation Commission or Planning Board in accordance with N.J.A.C. 40:55D-111, the Board shall include the reasons for its determination in the findings of its decision therein.
i.
Any application for development submitted to the Board pursuant to N.J.A.C. 40:55D-25 may be continued at the option of the applicant, and the Board shall have every power which it possessed before the effective date of the ordinance in regard to the application.
a.
Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of a municipal official of the municipality based on or made in the enforcement of the zoning provisions of this chapter or a duly adopted Official Map. The appeal shall be taken within 20 days by filing a notice of appeal on the appropriate application form and the payment of the required fee and escrow deposit, as set forth in § 12-7, with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Zoning Board of Adjustment. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
b.
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.
c.
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the official from whose action the appeal is taken certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property.
In that case, proceedings shall not be stayed other than by an order of the New Jersey Superior Court upon notice to the municipal official from whom the appeal is taken and due cause shown.
d.
An applicant may not file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to the Construction Official.
e.
The Zoning Board of Adjustment shall act upon any appeal or any application for development within 120 days either from the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application, as the case may be, or within such further time as may be consented to by the applicant, except that when an applicant elects to submit separate consecutive applications for use variance approval and site plan, subdivision or conditional use approval, the one-hundred-twenty-day time period for action shall apply to the application for approval of the use variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
f.
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
a.
A Planning Board is hereby created consisting of nine regular and two alternate members. All members of the Planning Board, except for the Class II members set forth below, shall be municipal residents. The membership shall consist of the four following classes:
| Class I | The Mayor or the Mayor's designee in the absence of the Mayor | |
| Class II | 1 of the employees of the Township other than a member of the Township Committee, to be appointed by the Mayor | |
| Class III | A member of the Township Committee to be appointed by it | |
| Class IV-Regular | 6 citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that 1 member may be a member of the Zoning Board of Adjustment and 1 may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A shall be a Class IV Planning Board member unless there be among the Class IV regular or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II member of the Planning Board. | |
| Class IV-Alternate | 2 other citizens of the Township to be appointed by the Mayor. Alternate members shall meet qualifications of Class IV regular members, who shall be municipal residents and shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." |
b.
The term of the member composing Class I shall correspond with his or her official tenure. If the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II (or Class IV) member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term as a member of the Environmental Commission, whichever comes first.
c.
All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed. The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he or she is no longer a member of that other body or at the completion of his or her Class IV term, whichever comes first.
d.
The terms of Class IV regular members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of the term shall be evenly distributed over the first four years after their appointment; provided that the initial term shall not exceed four years. Thereafter the term of each Class IV regular member shall be four years. All terms shall run from January 1 of the year in which the appointment is made. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Governing Body for cause.
e.
The terms of the Class IV alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. All terms shall run from January 1 of the year in which appointment is made.
f.
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Participation of alternate members shall not be deemed to increase the size of the Planning Board. In the event that a choice must be made as to which alternate member is to vote, "Alternate No. 1" shall vote. No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Governing Body for cause.
g.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member may be removed by the Township Committee for cause but only after public hearing, if requested, and other requested procedural due process protection.
h.
The Planning Board shall organize annually by selecting from among its Class IV regular members a Chairman and a Vice-Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or alternate member or an employee of the Township. An alternate member shall not serve as Chairman or Vice-Chairman of the Planning Board.
i.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.A.C. 40:55D-23 or 23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning Board of Adjustment until there are a minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members or equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.
j.
After the appointment of the Planning Board, the Mayor may appoint one or more persons as a citizens' advisory committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
k.
The Township Committee, after giving due consideration to budget requests that may be submitted by the Planning Board, shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
l.
The Office of Planning Board Attorney is hereby created. The Planning Board may appoint to that office and fix the compensation or rate of compensation of an attorney-at-law of New Jersey other than the Township Attorney.
m.
The Planning Board may also employ or contract for and fix the compensation of those experts and other staff and services as it may deem necessary.
n.
The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
The Planning Board shall have the powers listed below in addition to other powers established by law:
a.
Make, adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries, which, in the Board's judgement, bear an essential relationship to the planning of the Township.
c.
Hear and decide applications for conditional uses in accordance with the applicable provisions of this chapter.
d.
Participate in the preparation and review of programs or plans required by State or Federal law or regulation.
e.
Assemble data on a continuing basis as part of a continuous planning process.
f.
Annually, at the request of the Township Committee, prepare a program of municipal capital improvements projects projected over a term of six years and recommend the same to the Township Committee.
g.
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Township Committee, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Planning Board deems appropriate. The Township Committee, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
h.
Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Zoning Board of Adjustment an index of the natural resources of the municipality, the Planning Board or Zoning Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Zoning Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
i.
Whenever the proposed development requires approval of subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70(c).
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
| Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be. | |
| The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval for a subdivision, site plan or conditional use. Any separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. |
a.
Conflicts of interest. No regular or alternate member of the Planning Board or the Zoning Board of Adjustment shall act on any matter in which that member has either directly or indirectly any personal or financial interest. Whenever any member shall disqualify himself or herself from acting on a particular matter, that member shall not continue to sit with the Board on the hearing of that matter nor participate in any discussion or decision relating to that matter.
b.
Meetings.
1.
Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development process.
2.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
3.
No action shall be taken at any meeting without a quorum being present, the quorum to be the majority of the full-authorized membership of the Board.
4.
All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that the Board member has available the transcript or recording of all of the hearing from which the member was absent, and certifies in writing to the Board that he or she has read the transcript or listened to the recording.
5.
All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Act, N.J.S.A. 10:4-6. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meeting Act, N.J.S.A. 10:4-6.
c.
Public hearings.
1.
The Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make rules governing the conduct of those hearings.
2.
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
3.
The officer presiding at the hearings, or a person designated by the presiding officer, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
4.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, or another person designated by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and reasonable limitations as to time and number of witnesses.
d.
Public notice of a hearing.
1.
Public notice of a hearing shall be given for the following applications for development:
(a)
Any request for a variance;
(b)
Any appeal from the administrative officer;
(c)
Any request for an interpretation;
(d)
Any request for conditional use approval;
(e)
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street;
(f)
Any request for site plan and/or subdivision approval;
(g)
Any request for approval of a planned development;
(h)
Any matter where the Board determines that it is in the public interest that notice be given of the time and date of the hearing.
2.
The Secretary of the Planning Board or the Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
(a)
By publication in an official newspaper of the Township, if there is one, or in a newspaper of general circulation in the Township in the absence of an official newspaper.
(b)
By notification by personal service or certified mail to those listed below. The applicant shall file an affidavit of proof of the giving of the required notice with the municipal agency at, or prior to, the hearing.
It is not required that a return receipt is obtained; notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(1)
To all owners of real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
(i)
Notice to a partnership owner may be made by service upon any partner;
(ii)
Notice to a corporate owner may be made by service upon its president, a vice-president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation;
(iii)
Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of the common elements or areas.
(2)
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of the adjoining municipality or municipalities.
(3)
To the Burlington County Planning Board when the application for development involves property adjacent to an existing County road or proposed road as shown on the County Official Map or County Master Plan, adjoining other County land situated within 200 feet of a municipality boundary.
(4)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway and to the New Jersey Turnpike Authority when the property abuts the New Jersey Turnpike.
(5)
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be filed with the Township.
3.
Upon written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice.
4.
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, identification of variances and waivers sought, and identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
e.
Records.
1.
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The Board shall thereafter make the minutes available, after approval, for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of the minutes. The interested party shall be charged a reasonable fee for the reproduction of the minutes, as provided in § 12-7.
2.
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at the expense of that party, provided that the charge for a transcript shall not exceed the actual cost of preparing the transcript or tape. Each transcript shall be certified in writing by the transcriber to be accurate.
f.
Decisions.
1.
Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.
2.
The Board shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period provided in this chapter for action by the Board on the application for development; or
(b)
A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of those members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.
3.
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in Subsection 12-9.6.
4.
If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.
[Added 6-19-2018 by Ord. No. 2018-06]
a.
Guarantees required. For the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board and/or Zoning Officer shall require, as appropriate, and the Township Committee shall accept, in accordance with the standards adopted hereinafter:
1.
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
2.
The furnishing of a maintenance guarantee in favor of the Township in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.
3.
The furnishing of a temporary certificate of occupancy guarantee in the amount of 120% of the cost of installing the remaining improvements required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guarantee will be determined by the Township Engineer.
4.
The furnishing of a safety and stabilization guarantee to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guarantee shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the Township Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
b.
Other governmental agencies. In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
c.
Failure to perform; municipal completion. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
d.
Conformance with municipal standards. All improvements shall be in accordance with the design standards of the Township Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Township Engineer. The Township Engineer shall be notified 24 hours prior to the start of the various phases of the work and, if discontinued, shall again be notified when the work will be continued.
e.
Release or reduction of performance guarantee.
1.
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
2.
The list prepared by the Township Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter.
3.
The Township Committee, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
f.
Release or reduction of performance guarantee. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
g.
Phasing in sections. In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
h.
Dedication and acceptance. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use of any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the Township Engineer.
[1]
Editor's Note: Former Subsection 12-9.7, Appeal of Decisions, derived from portions of Ord. No. 2001-16, was repealed by Ord. No. 2013-22. All appeals from decisions of the Southampton Zoning Board of Adjustment can be taken directly to Superior Court for judicial determination.
Notice of any decision of the Planning Board or the Zoning Board of Adjustment when acting upon an application for development or of any decision of the Township Committee when acting upon an appeal of the Zoning Board shall be given in the following manner:
a.
A copy of the decision shall be mailed by the appropriate Township authority within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his or her attorney, without separate charge. The appropriate authority shall also mail a copy of the decision within 10 days to any interested party who has requested it and who has paid the fee prescribed.
b.
The Administrative Officer shall cause a brief notice of every decision of the Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, to be published in the official newspaper of Southampton Township, the cost of publication to be charged to the applicant's escrow account. The notice shall be sent to the official newspaper within 10 days of the date of the decision.
c.
A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of the filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.
a.
Any use variance for which the use has not been actually commenced within one year after the date of the publication of the decision granting the variance shall expire and shall be considered to have been abandoned. The use thereby permitted shall not be thereafter permitted on the basis of that variance.
b.
Any other variance which has been granted by the Zoning Board of Adjustment or by the Planning Board in conjunction with an approved subdivision or an approved site plan shall expire:
1.
One hundred eighty days after the date of the publication of the decision granting the variance in conjunction with the approval of a subdivision unless the subdivision shall have been completed by the filing and recording of a plan or a deed as required by law.
2.
One year after the date of the publication of the decision granting the variance, unless the construction for which the variance has been requested has been commenced.
3.
A variance granted in conjunction with the approval of a site plan shall also expire and shall be treated as having been abandoned on the same date that the approval of the site plan shall expire as provided by law.
c.
The Planning Board or the Zoning Board of Adjustment, as the case may be, may, for good cause, extend the expiration date of a variance for not more than one additional year.
[Amended by Ord. No. 2002-4]
a.
Subdivision review. All subdivisions as defined in § 12-2, are subject to the review procedures specified herein.
b.
Site plan review. No construction permit shall be issued for any new structure or for an addition to an existing structure and no Certificate of Occupancy shall be issued for any change of use or change of ownership of an existing structure until the site plan has been reviewed and approved by the Township except that:
1.
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a home occupation as defined and permitted by this chapter shall require minor site plan approval prior to the issuance of a construction permit or Certificate of Occupancy.
2.
Building alterations shall not require site plan approval if the following conditions apply;
(a)
There is no change in use;
(b)
No additional parking is required;
(c)
No more than 2,500 square feet of additional building area is proposed;
(d)
No variance is required;
(e)
There is no major change in circulation proposed such as drive-through windows, ingress or egress drives, changes in internal circulation, loading or unloading, delivery or pickup of goods and services or trash collection; and
(f)
There are no major changes in a significant site facility or improvement such as a drainage facility, buffer or landscaping features and the like.
3.
Any construction permit for the customary buildings incidental to farms shall not require site plan approval.
c.
Application procedures.
1.
All applications shall be filed on the application form approved by the Administrative Officer.
2.
Fifteen copies of the application form together with 15 copies of the applicable checklist and of all supporting plans and documents shall be submitted to the Administrative Officer at least 15 business days prior to the regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, at which the application is to be considered, together with and the fee and escrow deposit required in accordance with § 12-7.
3.
The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon applications, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, that number shall appear on all papers, maps, plans and other documents in conjunction with the application.
4.
In addition to the copies filed with the Administrative Officer, it shall be the responsibility of the applicant to file complete copies of the application form, checklist, and all supporting documents at least 15 business days prior to the regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, at which the application is to be considered, with each of the following:
5.
Any application not filed with the Administrative Officer and with the designated professional consultants in a timely manner as herein required shall be deemed to be incomplete.
6.
Any amendments, supplements, revisions or additional data filed in conjunction with the application shall be filed with the Administrative Officer and with the professional consultants in the same manner as the original application and supporting documents.
7.
All applications shall be accompanied by a certificate from the Township Tax Collector that all taxes and assessments are paid to date;
8.
The Board shall act upon the application as required by law.
d.
Informal review.
1.
At the request of a developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.
2.
The application for an informal review shall be submitted in accordance with the application procedures set forth in this section.
3.
No escrow deposit shall be required for an informal review.
4.
No professional review(s) will be undertaken unless the developer agrees to pay for the review(s) and deposits with the Administrative Officer an escrow deposit sufficient to cover the professional review.
5.
Neither the Planning Board nor the developer shall be bound by any concept plan submitted for informal review or for any comments or suggestions made during the informal review.
6.
The Zoning Board of Adjustment shall have the power to the same extent and subject to the same restrictions as the Planning Board to grant an informal review whenever it has the power to consider an application for subdivision or site plan approval.
e.
Action by the township on all applications.
1.
The Administrative Officer shall review all filed applications to Southampton Township's Planning Board and/or Zoning Board of Adjustment to determine the following:
(a)
Which Board has jurisdiction to hear the application;
(b)
Whether the application is "complete" (an application shall be deemed "complete" when each submission requirement set forth in the chapter has been received, or a waiver requested);
(c)
Which of the Board's professionals would further review the application; and
(d)
The agenda date for public hearing on the application.
2.
(Reserved)
3.
(Reserved)
4.
Review by professional advisors.
[Amended 8-19-2014 by Ord. No. 2014-20]
(a)
Professional advisors of the Planning Board or Zoning Board, appointed by their respective Board, shall review the application and submit their report to the Planning Board or the Zoning Board for consideration. To avoid duplication of services, the professional advisors shall be assigned individual areas of applications as follows:
(1)
General compliance with code standards, need for variance: engineer.
(2)
Location of buildings and their relationship to the site and immediate surroundings: engineer.
(3)
Location of drives, parking, pedestrian circulation and means of ingress and egress: engineer.
(4)
Drainage facilities and stormwater management: engineer.
(5)
Utilities, including, but not limited to, sanitary sewer or septic, electric, gas, water and telecommunications: engineer.
(6)
Preliminary floor plans and elevation views of building illustrating the architectural design of the project: engineer.
(7)
Landscaping and signs: planner or licensed landscape architect.
(8)
Lighting: engineer.
(9)
General layout of a conceptual site plan for a multiple-building project, showing the elements, including their relationship to each other: planner, or if no planner exists, engineer.
(10)
Questions regarding areas not specifically identified shall be determined on a case-by-case basis by the Township Administrator, or, in her absence, by the administrative official of the land use boards.
(b)
Pursuant to N.J.S.A. 40:55D-53, following an approval of an application before a land use board, the Township Engineer shall be exclusively charged with the responsibility for preparing engineering estimates for appropriate performance and maintenance bonds, establishing inspection escrow amounts in conformance with the statute and local ordinances, performing all on-site inspections, and reviewing all recommendations for reduction or release of performance guarantees.
5.
The applicant shall give public notice of any hearing to be held on any application for development.
6.
Where the application has been found to be incomplete, the applicant may submit the additional items required to complete the application, provided that they are filed in the same manner as the original application at least 15 business days prior to the next regular meeting of the Board, at which time the application shall again be considered for completeness.
7.
In the event that the Administrative Officer fails to act to declare the application complete or incomplete within 45 days of the date of submission of the application, the application shall be deemed complete as of the 46th day following its submission. On the date the application is certified complete, or on the 46th day following the submission of the application, in the event the subcommittee fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence.
8.
The Planning Board or Zoning Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require any revisions in the application documents that are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of the additional information or revisions.
9.
Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to each of the following:
(a)
The members of the Planning Board or the Zoning Board of Adjustment, as the case may be;
(b)
Township Administrator;
(c)
Construction Official;
(d)
Boards' Planner and Engineer;
(e)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies shall be sent to other Township, County or State agencies and officials.
10.
Time for action.
(a)
The Board shall take action on minor subdivision and minor site plan applications within 45 days after the subcommittee has certified the application complete.
(b)
The Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-70 and shall be acted upon within 120 days.
(c)
The Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-70 and shall be acted upon within 120 days.
(d)
The Board shall take action on a final major site plan and/or a final major subdivision application within 45 days after the application has been certified complete.
(e)
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision applications in cases where the applicant has requested a "use" variance. All aspects of the application shall be acted upon within 120 days after the Zoning Board of Adjustment has certified complete by the sub-committee.
(f)
The Zoning Board of Adjustment shall take action on variance applications within 120 days after the Zoning Board of Adjustment has certified the application complete.
(g)
All of the times for action set forth herein may be extended to such further time as may be consented to by the applicant.
(h)
Failure of the Board to act within the prescribed time period shall constitute approval of the application.
f.
Additional rules of procedure and waivers. The Planning Board and the Zoning Board of Adjustment, as the case may be, are hereby authorized, in accordance with N.J.S.A. 40:55D-8, to adopt, by resolution, any additional rules of procedure, not inconsistent with the provisions of this chapter, as the Board may deem appropriate. The Administrative Officer shall provide an applicant with a copy of the resolution adopting any additional rules of procedure at the time that an application form is requested.
a.
Procedure for submitting minor subdivision plats and minor site plans. An application shall be submitted in accordance with the application procedures set forth in this section.
b.
Details required for minor subdivision plats and minor site plans. Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each subdivision shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches.
If one sheet is not sufficient to contain the entire territory, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as the information is applicable to the minor subdivision or minor site plan submission:
1.
A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet;
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Southampton Township and Burlington County;
(b)
Name, title, address and telephone number of the subdivider or developer;
(c)
Name, title, address, telephone number and license number of the professional or professionals that prepared the plat or plan;
(d)
Name, title, address and telephone number of the owner or owners of record;
(e)
Scale in inches to feet and bar scale; and
(f)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
3.
Acreage figures and north arrow;
5.
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map;
6.
Subdivision or development boundary line (heavy solid line);
7.
The location of existing and proposed property lines (with bearings and distances), streets, buildings (with their numerical dimensions and an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, and any historic features such as family burial grounds and buildings more than 60 years old, both within the tract and within 200 feet of the boundary;
8.
The location and width of all existing and proposed utility easements;
9.
Zoning districts affecting the tract, including district names and requirements;
10.
Proposed buffer and landscaped areas;
11.
Delineation of flood plains, including both floodway and flood fringe areas;
12.
Contours as shown on the U.S.G.S. topographic sheets;
13.
Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof;
14.
The name of all adjacent property owners within 200 feet as they appear on the most recent tax list prepared by the Township Tax Assessor;
15.
Concerning minor subdivisions only, existing and proposed iron or copper pins and/or monuments;
16.
Concerning minor subdivision applications only and if the proposed lot(s) is (are) not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system and a copy of any written review and report by the County Board of Health.
The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer;
17.
No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless the additional right-of-way, either along one or both sides of the streets, as applicable, shall be granted to the Township or other appropriate governmental agency;
18.
No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter; and
19.
Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for review and approval.
20.
Proof of payment of taxes.
c.
Specific actions on minor subdivision or minor site plans.
1.
If any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, than the applicant may be required to revise or remove any adverse effect(s) prior to further review, classification or approval by the Board. If the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire tract then depicting a plan that demonstrates that the applied for subdivision or development, together with subsequent subdivision(s) or development(s), will not create, impose, aggravate or lead to any adverse effect.
2.
When a minor subdivision or minor site plan is approved by the Board a notation to that effect including the date of approval shall be made. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward to the applicant a copy of the approval resolution within 10 days of its adoption by the Board.
3.
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of that action, shall notify the applicant of the disapproval. Additionally, the Secretary of the Board shall forward to the applicant a copy of the disapproval resolution within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
4.
Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer. Unless filed within 190 days or an extension is granted, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Board: (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to period of delay caused by the wait for the required approvals, as determined by the Board.
5.
Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:
(a)
Township Engineer;
(b)
Township Planning Consultant;
(c)
Township Construction Official;
(d)
Township Tax Assessor;
(e)
File of the Planning Board or the Zoning Board of Adjustment, as the case may be, three copies; and
(f)
Notice of any final determination approving or denying any application for development shall be given to the Pinelands Commission by the Township, by certified mail, within five days following such determination in accordance with N.J.A.C. 7:50-4.18(e).
(g)
Any other Township, County or State agencies and officials as directed by the Board.
a.
Procedure for submitting preliminary major subdivision plats and preliminary major site plans. An application shall be submitted in accordance with the application procedures in this section.
b.
Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that the information either is unnecessary or inapplicable to the particular subdivision or the development plan:
1.
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 2,000 feet;
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Southampton Township, Burlington County, New Jersey;
(b)
Name, title, address and telephone number of subdivider or developer;
(c)
Name, title, address, telephone number and license number of the professional or professionals who prepared the plat or plan;
(d)
Name, title, address and telephone number of the owner or owners of record;
(e)
Scale in inches to feet and bar scale; and
(f)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
3.
North arrow;
4.
Certification that the applicant is the owner of the land or the properly authorized agent of the owner, or that the owner has consented to the making of the application under an option agreement;
6.
Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed;
7.
The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor;
8.
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;
9.
Tract boundary line (heavy solid line);
10.
Zoning districts including district names and requirements;
11.
The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas, and any extensive rock formations, both within the tract and within 200 feet of its boundaries;
12.
The location and species associations of all individual trees or groups of trees having a caliper of eight inches or more measured three feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development. The proposed location of all proposed plantings also shall be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.
13.
All existing and proposed water courses (including lakes and ponds) shall be shown and accompanied by the following information, as may be required by the Township Engineer:
(a)
When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the New Jersey Department of Water Resources or such agency having jurisdiction shall accompany the submission;
(b)
Cross-sections of water courses and/or drainage swales at an approximate scale showing the extent of the flood plain, top of the bank, normal water levels and bottom elevations at the following locations, where appropriate:
(1)
At any point where a watercourse crosses boundary of the tract.
(2)
At one-hundred-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.
(3)
At one-hundred-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.
(4)
At a maximum of one-hundred-foot intervals, but not less than two locations, along each water course which runs through or within 500 feet of the tract.
(5)
When ditches, swales, streams or watercourses are to be altered, and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
(6)
The delineation of the floodways and flood fringe areas of all water courses within or adjacent to the tract.
(c)
The total acreage of the drainage basin of any watercourse running through or adjacent to the tract;
(d)
The location of all drainage structures downstream of the tract, to which the tract is tributary, between the tract and the municipal boundary, including hydrologic and hydraulic computations for each of the structures;
(e)
The location and extent of drainage and conservation easements and stream encroachment lines;
(f)
The location, extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within 200 feet of the tract.
14.
Existing and proposed contours with intervals of one foot where slopes are less than 2%; with intervals of two feet where slopes are between 2% and 10%; and with intervals of five feet where slopes exceed 10%. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line.
15.
Proposals for soil erosion and sediment control as required by the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
16.
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, an indication of whether the existing structures and uses will be retained or removed, and a specific identification of any family burial grounds and buildings more than 60 years old, both within the tract and within 200 feet of its boundary.
17.
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
18.
All dimensions necessary to confirm conformity to this chapter such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.
19.
The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles and luminaries.
20.
The proposed screening, buffering and landscaping, including a landscaping plan.
21.
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.
22.
The application shall include plans and computations for any storm drainage system including the following:
(a)
All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed ground water recharge basins, detention basins or other water or soil conservation or drainage devices.
23.
The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
24.
Plans of proposed improvements and utility layouts including sewers, storm drains and water lines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations. If an existing utility company, in lieu of detailed plans will provide service, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-site water or sewage disposal is proposed, the plan for those systems shall be approved for each lot by the appropriate Township, County and State agencies and the result of percolation tests and soil log data, completed in accordance with N.J.A.C. 7:9-2.1 et seq., shall be indicated on the plat or plan.
25.
Plans, typical cross-sections and details, centerline profiles and tentative grades of all proposed streets and of existing streets abutting the tract based on U.S.G.S. vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
26.
All proposed street names, which shall be subject to the approval of the Board. No proposed street name shall duplicate or be substantially similar to the name of any existing or approved street in the Township of Southampton or in any municipality served by a post office which also serves the Township of Southampton.
27.
Any proposed protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan. All covenants or deed restrictions are subject to approval by the Planning Board.
28.
The proposed permanent monuments shall be shown, in accordance with the Map Filing Act (N.J.S.A. 46:23-9.9 et seq.).
29.
Concerning site plans only, a written description of the proposed use(s) and operation(s) of the buildings, including emission of noise, glare, vibration, heat, odor, air and water pollution, safety hazards, expected truck and tractor trailer traffic and the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation.
30.
Identification of any lot or area to be reserved or dedicated to public use, showing all improvements such as landscaping, grading, walkways, bicycle paths and recreational facilities.
31.
A boundary survey by a licensed New Jersey land surveyor, certified on a date within six months of the date of submission.
32.
Concerning site plans only, signed and sealed, scaled elevations by a licensed New Jersey architect of the front, side and rear of any structure to be erected or modified, floor plans and expansion plans incorporated into the building design.
33.
A Cultural Resource Inventory for all sites within the Pinelands.
34.
In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.
36.
Traffic impact statement.
(a)
General provisions. The Traffic Impact Statement is required in order to assist the Planning Board, or the Zoning Board of Adjustment, as the case may be, as well as other governmental officials to understand and plan for the impact of the proposed development on traffic flow, intersection traffic controls, road design and other matters affected by increased traffic and changes in traffic patterns.
(b)
Submission procedures.
(1)
The Traffic Impact Statement shall be submitted in the same manner as required for the submission of an application.
(2)
In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the Traffic Impact Statement shall be submitted at the time of preliminary application to the Township.
(3)
In the case of variance, subdivision applications involving 10 lots or less, and minor site plan applications, the Traffic Impact Statement shall be submitted within 30 days after the Board has informed the applicant of the information required.
(4)
Any revisions in the Traffic Impact Statement shall be distributed in the same manner as the original was distributed.
(c)
Submission format. The Traffic Impact Statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest as well as providing:
(1)
An analysis of the existing road network available to serve the proposed development as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments and any problem spots in the overall road network including unsafe intersections, turns and grades.
(2)
An analysis of all means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, site triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.
(3)
If the existing streets, roads, traffic signals, channelization, acceleration and deceleration lanes, sight triangles, width and other devices are determined to be inadequate to serve or overburdened by the need created by the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated cost for the additional facilities and how the developer proposes to address those costs.
37.
Community impact statement.
(a)
General provisions. The Community Impact Statement shall provide an analysis of the proposed development and its expected impact upon existing municipal facilities and services.
(b)
Submission procedures.
(1)
The Community Impact Statement shall be submitted in the same manner as required for the submission of an application.
(2)
In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the Community Impact Statement shall be submitted at the time of preliminary application to the Township.
(3)
In the case of variance, subdivision applications involving 10 lots or less, the Community Impact Statement shall be submitted within 30 days after the Board has informed the applicant of the information required.
(4)
Any revisions in the Community Impact Statement shall be distributed in the same manner as the original was distributed.
(c)
Submission format. The Community Impact Statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest as well as providing data and opinions concerning the following specific items:
(1)
Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts:
(2)
School impact. An analysis of the anticipated number of pupils who will be added to the student population in the Township and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. If expanded or new school facilities and/or increased teaching staff are expected to be required, the expected cost for the additions shall be specified.
(3)
Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library and cultural facilities. If the existing facilities are determined to be inadequate or overburdened by the need created by the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated cost for the additional facilities and who, in the opinion of the applicant, should be responsible for the payment of those costs.
(4)
Services impact. An analysis of the existing services provided by the Township, or by agencies serving the population of the Township, and the impact of the proposed development upon those services, specifically including police protection, fire protection, emergency services, hospitals and health care, solid waste disposal, and street maintenance.
(5)
Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the Township, the school systems serving the Township and the County.
38.
The Board may require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. All proposed manufacturing processes shall be described in the application for development. The Board may require the applicant of a manufacturing use to provide additional reports for review by experts designated by the Township.
39.
Pursuant to N.J.S.A. 40:55D-38 which permits planning boards to create provisions insuring the consistency of layout or arrangement of a subdivision or land development with the zoning ordinances and at the Board's discretion, the applicant shall submit a "build-out" plan for the purposes of:
(a)
Demonstrating the number of units which could be produced of the tract is developed to the full extent which zoning permits; and
(b)
Permitting the Board to evaluate the subdivision design in terms of overall consistency of layout.
| The build-out plan shall include the proposed lot layout in accordance with the zoning regulations for the appropriate zoning district, including the build-out design of all remainder parcels. |
40.
Proof of payment of taxes.
c.
Specific actions on major site plan and major subdivision applications.
1.
If any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, then the applicant may be required to revise or remove any adverse effect(s) prior to further review, classification or approval by the Board. If the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire tract then depicting a plan that demonstrates that the applied for subdivision or development, together with subsequent subdivision(s) or development(s), will not create, impose, aggravate or lead to any adverse effect.
2.
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;
(c)
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
3.
All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of the date at least 14 days prior to the hearing date. The applicant shall give notice of the hearing at least 10 days prior to the date of the hearing as required by law.
4.
If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish the copies to the Board.
5.
If minor revisions or additions to the plat or plan are deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
6.
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for the rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of the adoption of the resolution.
d.
Effect of preliminary approval.
1.
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements;
(b)
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section of sections of the preliminary plat or plan; and
(c)
That the applicant may apply for and the Board may grant extensions on the preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, the revised standards may govern.
2.
In the case of subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant an extension for any period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for any additional period of time as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c)
Economic conditions;
(d)
The comprehensiveness of the development; and
(e)
Provided that if the design standards have been revised by ordinance, the revised standards may govern.
a.
Procedure for submitting final plats and final plans.
1.
A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval which time period shall be extended to include or any authorized extension of the preliminary approval.
b.
Details required for final major subdivision plats and final major site plans.
2.
All additional details required at the time of preliminary approval shall be submitted.
3.
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.
4.
Detailed architectural and engineering data including:
(a)
An architect's isometric designs of each building and sign or a typical building and sign showing front, side and rear elevations.
(b)
Cross-sections, plans, profiles and established grades of all streets, aisles, lanes and driveways.
(c)
Plans and profiles of all storm and sanitary sewers and water mains.
(d)
All dimensions of the exterior boundaries of any subdivision and the dimensions of all lots shall be balanced and closed to a precision of one to 10,000. All dimensions, angles and bearings must be tied in to permanent monuments in accordance with the U.S. Geodetic Survey System, which monuments shall be provided and set at the following ratio:
| Land Area (acres) | Number of Monuments | |
|---|---|---|
| 0 to 10 | 1 | |
| 10 to 30 | 2 | |
| 30 or more | 3 |
5.
The final submission shall be accompanied by the following documents:
(a)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility, cable television company and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross-section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the Township Engineer;
(c)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 12-7, and that the improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
c.
Specific actions on applications for final subdivision or final site plan approval.
1.
The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the final submission, the approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish sufficient copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing at least two mylar copies of the approved plat in addition to the 10 paper copies.
2.
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution:
3.
Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of it with the Burlington County Clerk. In the event of failure to file within the 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.
4.
If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, the Chairman of the Board shall make a notation to that effect on the plat or plan. The Secretary of the Board, within 10 days of adoption, shall notify the applicant of the disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.
d.
Effect of final approval.
1.
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.
2.
In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection 12-10.4 for a period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The developer may apply thereafter and the Board may thereafter grant an extension to final approval for any additional period of time as shall be determined by the Board to be reasonable taking into consideration:
The Checklist set forth in the Appendix is incorporated herein and part of this chapter.
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
[Added 10-16-2018 by Ord. No. 2018-12]
It is the right of any developer to request a preapplication conference prior to formal submission of an application for development. At this conference, the developer shall meet with the applicable Board professionals or portion thereof as determined by the Planning Board Chairman or his or her designee. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the applicable Board shall not be bound by any such review. The purpose of this conference shall be to review development ideas and concepts and point out any obvious problems and make suggestions as to revisions. The Land Development Ordinance requirements may be discussed with the developer to ensure that all applicable provisions, including those for establishing an escrow account, are understood and will be met.
