[Ord. No. 1992-1 § 2; Ord. No. 2001-29 § 10]
A.
Purpose. The purpose of this ordinance 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 Hazardous Zoning Act of 1983," P.L. 1983, c.260.
B.
Airports.
1.
For purposes of this ordinance, and in accordance with N.J.A.C. 16:62,
an "airport" is 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 general public for such purposes, publicly
or privately owned, and licensed by the Commissioner of the Department
of Transportation as a public use airport or landing strip.
2.
Airport facilities shall be permitted to include runways, taxiways,
a heliport, hangars for the inside shelter, service and repair of
aircraft, tie-down areas for the securing of aircraft outdoors, a
fueling area, a retail shop for selling items relating to aviation,
offices necessary for the operation of the airport and ancillary aviation
services, a waiting room, and dining facilities.
3.
The minimum lot area devoted to an airport shall be 50 acres and
the minimum lot frontage shall be 200 feet.
4.
All existing development on the subject airport lands shall be permitted
to remain and shall be deemed conforming, notwithstanding any other
provision of this ordinance.
5.
Any and all development on the subject airport lands occurring after
the date of adoption of these regulations shall conform to the following:
a.
No building, structure, pavement or parking area shall be located
within 50 feet of any property line.
b.
No building shall be closer than 25 feet to another building; provided
that in any case sufficient distance between buildings shall be provided
to permit adequate access for fire fighting and other emergency vehicles.
c.
The maximum floor area ratio for all buildings shall be 0.10 and
the maximum lot coverage (buildings plus all other impervious surfaces)
shall be 40%.
d.
No building or structure shall exceed 2 1/2 stories and 35 feet
in height; however, if a lower height limit is required by State or
Federal regulations, then no building or structure shall exceed such
lower height limit.
e.
Each individual use shall provide off-street parking according to
the following minimum provisions; the total number of required parking
spaces shall be obtained by computing individually the parking requirements
for each different activity and adding the resulting numbers together:
(1)
One space for every 250 square feet of net habitable floor area
used for permitted offices, waiting room areas, and all other net
habitable floor area not utilized as a hangar or dining facility.
(2)
One space for every three seats within a dining facility.
(3)
One space for every 1,000 square feet or fraction thereof of
gross floor area utilized as a hangar.
f.
Airports may have one free-standing sign not exceeding 75 square
feet in area to identify the airport. No sign shall interfere with
the flight of aircraft and all signs shall conform to all provisions
herein and shall be set back from all street and property lines at
least 50 feet and shall not exceed 15 feet in height. For each specific
activity occupying at least 750 square feet of segregated area having
direct access from the outside, a sign not exceeding eight square
feet in area identifying the name of the activity also shall be permitted,
attached flat against the building at the entrance.
g.
All areas of the property not utilized by building(s) or paved surfaces
shall be landscaped as approved by the Planning Board in order to
lessen the visual impact of the facility and to prevent erosion and
drainage problems.
h.
All development on the subject airport lands shall require major
site plan approval in accordance with § 804 of this ordinance.
Moreover, in addition to the information required for major site plan
submission within Subsection 804 of this ordinance, the following
information specific to the airport shall be required:
(1)
The location, use and height above grade of any obstruction
in the area contiguous to the airport; within at least 3,000 feet
from the end of the runway and within at least 500 feet from each
side of the centerline of the runway.
(2)
The proposed air traffic pattern, in both mapped and narrative
form.
(3)
A description and mapping of the location of the screening devices
and any other provisions to be made to safeguard the character of
surrounding areas and minimize noise, dust, vibration or any other
nuisances.
(4)
A description of fire fighting and other safety aids and equipment
to be provided.
(5)
Verification that the existing and proposed airport operations
conform to applicable standards of the Federal Aviation Administration
and/or State Division of Aeronautics.
(6)
All site plans for the airport shall indicate existing facilities,
proposed facilities and probable future facilities in order that these
factors may be considered in evaluating the airport proposal in terms
of future effects upon the surrounding land and future land use patterns
of Medford Township.
i.
All other applicable requirements of this ordinance and all other
applicable laws of Medford Township shall apply.
C.
Airport Hazard Areas.
1.
Establishment of the Airport Hazard Area. There is established in
the Township of Medford an Airport Hazard Area, as delineated on the
Township Zoning Map pursuant to N.J.A.C. 16:62 adopted March 20, 1985
by the New Jersey State Department of Transportation in order to implement
the Air Safety and Hazardous Zoning Act of 1983, as supplemented May
15, 1989.
2.
AIRPORT
AIRPORT HAZARD
AIRPORT HAZARD AREA
BUILDING RESTRICTION LINE
CLEAR ZONES
EFFECTIVE RUNWAY LENGTH
FIXED OR MOVABLE OBSTRUCTION
RUNWAY END SUBZONE
RUNWAY LENGTH AND WIDTH
RUNWAY SUBZONE
RUNWAY SAFETY AREA
TAXIWAY
THRESHOLD
VFR RUNWAY, FIVE-THOUSAND-FOOT APPROACH SURFACE (MINIMUM STANDARD)
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 general public for such purposes, publicly or
privately owned, and licensed by the Commissioner of the Department
of Transportation as a public use airport or landing strip.
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 Hazard 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 Hazard 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 ordinance and is the Airport Hazard Area
for an airport.
A line that is a specified distance from the centerline of
a runway; between this line and the runway, there may be no buildings,
structures, trees or other such permanent or semipermanent obstructions.
The Clear Zones of an Airport Hazard 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 400 feet.
That distance measured along a runway centerline, from a
point on the runway surface where there is a specified slope intersection
from obstacles within a specified approach zone to the runway in the
direction of travel during the landing. In regard to initial licensing
criteria, the effective runway length is affected and reduced by runway
gradient to the extent of 20% for each 1% of longitudinal gradient
in excess of 2% longitudinal gradient.
"Fixed or movable obstruction," when used in the context
of "obstacle free zone," means any use of land or water, including
lateral taxiway to runway centerline clearance and any man-made or
natural structure or body that is fixed or movable that is higher
than one meter. Objects such as visual approach slope indicators,
wind indicators, and the like, are exempted from being such "fixed
or movable obstructions" when they are mounted on frangible posts.
Crops also may be exempted upon application and review.
The Runway End Subzones of an Airport Hazard 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 of the Runway End Subzone
shall narrow as the distance from the end of the Runway Subzone increases.
Its final width shall be 850 feet.
The dimensioned area usable for the landing or takeoff of
aircraft. It may be paved, unpaved, or water. Along their length,
runways are required to have a minimum sighting distance between points
1.5 meters [five feet] high for all distances separated by 350 meters
[1,148 feet].
The Runway Subzone of an Airport Hazard Area shall consist
of a rectangle having the same centerline and length as the runway,
unless a shorter length is necessitated by limited property ownership
at the airport. 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.
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 so safely
and with no damage.
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.
A runway approach/departure path that is 1524 meters (5000
feet) in length, 76 meters (250 feet) in width at the inner surface,
and expands uniformly to 381 meters (1,250 feet) in width at the outer
surface. It has a 20/1 upward slope from the ground from its inner
surface and is free of penetrating obstacles. From its inner surface
to 305 meters (1,000 feet) outward, the VFR approach surface and clear
zone define the same area and are always so co-located (see definition
of "Clear Zones" herein).
3.
Permitted Uses in the Airport Hazard 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
ordinance:
a.
Residential single-family detached dwelling units which are situated
on a lot at least three acres in size and not located in a Clear Zone.
b.
Open space.
c.
Farming.
d.
Transportation.
e.
Airports as defined and regulated in this ordinance.
f.
Commercial (not located in a Clear Zone).
g.
Industrial (not located in a Clear Zone).
4.
Prohibited Uses in the Airport Hazard Area.
a.
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.
b.
Any portion of a Planned Unit Development utilized for residential
use.
c.
Hospitals.
d.
Schools.
e.
Above ground bulk tank storage of compressed flammable or compressed
toxic gases and liquids.
f.
Within the Runway End Subzones only, the above ground bulk tank storage
of flammable or toxic gases and liquids.
g.
Uses that may attract massing birds, including landfills.
h.
Above grade major utility transmission lines and/or mains.
i.
Activities that would attract crowds in excess of 500 persons, except
that a specific activity for a specific period of time and in accordance
with specific conditions may be permitted by the Township Council
upon application to the Township Council by the owners of the airport
at least 30 days prior to the date of the subject activity.
5.
Vertical Development Restrictions.
a.
The maximum height of any structure or planting within the Airport
Hazard Area shall not exceed the vertical development standards as
set forth herein.
b.
All elevations shall be in relation to the horizontal plane established
by runway elevations and not the natural grade of the land.
c.
The vertical standards within the Runway Subzone are determined by:
(1)
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,
(2)
Planes running from the edges of the line established above
[5.c(1)] (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.
d.
The vertical standards within the Runway End Subzone are determined
by:
(1)
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 of 150 feet above its starting
point; and,
(2)
Planes sloping from the outermost longitudinal edges of the
plane established above [5.d(1)], 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.
e.
Public and private roads shall be considered as a fifteen-foot and
ten-foot vertical development, respectively.
6.
Specific Conditions and Requirements. The Airport Hazard 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 Hazard 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 Hazard Area are more restrictive than the requirements
of the underlying zone district, the Airport Hazard Area provisions
shall apply.
[Ord. No. 1992-1 § 2; Ord. No. 1994-23; Ord.
No. 1997-16 §§ 48-55; Ord. No. 2001-33 § 2; Ord. No. 2007-25 § 4]
Before a construction permit or Certificate of Occupancy shall
be issued for any conditional use as permitted by this ordinance,
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 pursuant to § 802.B
of this ordinance. Public notice and a hearing shall be required as
stipulated in §§ 706.C and 706.D of this ordinance.
The Planning Board shall grant or deny the application for a
conditional use within 95 days of submission of a complete application
to 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.
Car Washes.
1.
An application for a car wash shall satisfy all procedural requirements
and standards for site plan review and also shall include appropriate
off-tract information to permit the Planning Board to make an informed
decision as to whether the requirements set forth in Subsection 602.A.2
and 602.A.3 hereinbelow have been met.
2.
The Planning Board shall be satisfied that the proposed development
will be in harmony with adjacent activities and land uses. The proposed
development also shall be compatible with the Master Plan of Medford
Township and specific studies contained therein relating to site design
both on and off the tract.
3.
The Planning Board shall be satisfied that the off-tract circulation
is adequate for the movement of people and goods, whether in vehicles
or pedestrian or by bicycle or other means. The Planning Board must
make a specific determination that the access to and from the tract
is adequate, and that the adjacent road system is capable of accommodating
the proposed traffic load, particularly during peak hours.
4.
The Planning Board shall be satisfied that the applicant has taken
into consideration the physical constraints of the tract, including
topography, drainage, soil conditions and existing vegetation.
5.
The Planning Board shall be satisfied that on-tract circulation is
adequate, safe and efficient for all users and vehicles, including
pedestrians, automobiles, delivery vehicles, emergency vehicles and
service vehicles.
6.
A car wash shall satisfy the following requirements in addition to
requirements otherwise applicable in the zoning district:
a.
The minimum lot size for car washes shall comply with the minimum
lot size for the subject zoning district, and the minimum frontage
shall be 200 feet. Rear and side yard setbacks shall be a minimum
of 30 feet.
b.
The front yard setback shall be 100 feet. No structure or activity
shall be permitted within the required front yard setback except for
access drives. Landscaping shall be provided in the front yard area
equal to at least 25% of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
c.
All mechanical activities must be conducted within a totally enclosed
building, other than individual car vacuums. No merchandise, products
or other equipment or objects shall be displayed or stored outside.
d.
e.
Two spaces for every mechanized car wash entrance shall be provided
for existing vehicles outside the building for drying purposes and
customer pickup. Such spaces shall not interfere with any required
or necessary exit lanes.
f.
A landscaped buffer shall be provided along the rear and side lot
lines.
g.
No motor vehicle, trailer or similar equipment or part thereof shall
be displayed or parked on the premises for the purpose of display,
sale, storage or the like.
h.
The building facade shall not consist of metal siding. Long expanses
of building facades shall be broken up with variations in architectural
design and landscaping.
i.
One sign shall be permitted, either freestanding or attached, not
exceeding an area equivalent to 5% of the first floor portion of the
front facade or 75 square feet, whichever is smaller. Freestanding
signs shall be set back at least 25 feet from all street and lot lines.
7.
All of the other area, yard, building coverage, height and general
requirements of the respective zone and other applicable requirements
of this ordinance must be met.
B.
Child Care Centers.
1.
All child care centers shall be located on the first floor of a building
and may be extended to the second floor of a building; basements and
cellars may only be used for ancillary storage of equipment and materials.
2.
A minimum of 100 square feet per child of outdoor space adjacent
the center shall be provided and shall be adequately fenced or otherwise
protected from hazards, traffic and driveways.
3.
The hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.
4.
Child care centers shall provide one parking space per employee plus
one additional parking space for every eight children. Adequate space
shall be provided for the loading and unloading of children which
shall take place on-site and not in the public right-of-way.
5.
Location of access driveways, landscaping, signage and general site
plan design shall be compatible with the neighborhood in which it
is to be located. The location of any child care center shall be appropriately
situated in relation to the use or area it is intended to serve.
6.
Where a child care center is provided as an accessory use to a principal
use located on the same lot, regardless of whether the child care
center is situated as part of a principal building or as the entire
use of an accessory building, the gross floor area devoted to the
child care center shall be considered "common area" for purposes of
determining the maximum permitted floor area ratio and lot coverage.
The floor area occupied by the child care center shall be excluded
in calculating any parking requirement for the principal use and the
permitted square footage of the principal use provided, however, that
the parking requirements for child care centers are in addition to
the parking requirements of the principal use.
7.
Where a child care center is provided as a principal use as permitted
in this ordinance, the following area and yard requirements shall
apply:
|
Principal Building Minimum
| ||
|
Lot area (1)
|
1 ac.
| |
|
Lot frontage
|
150'
| |
|
Lot width
|
150'
| |
|
Lot depth
|
150'
| |
|
Side yard (each)
|
35'
| |
|
Front yard
|
75'
| |
|
Rear yard
|
50'
| |
|
Accessory Building Minimum
| ||
|
Distance to side line
|
25'
| |
|
Distance to side line
|
25'
| |
|
Distance to other building
|
25'
| |
|
Maximum
| ||
|
Floor Area Ratio
|
0.15 for non-wetland, non-wetland buffer and non-100-year floodplain
acreage, plus a transfer of an additional 0.03 from any wetland, wetland
buffer and 100-year floodplain acreage of the lot to the non-wetland,
non-wetland buffer and non-100-year floodplain lands.
| |
|
Lot coverage
|
50.0%
| |
|
NOTES:
| |
|---|---|
|
(1)
|
An area equivalent to either one acre or at least 75% of the
minimum required "lot area," whichever is greater, shall be contiguous
non-wetland, non-wetland buffer and non-one-hundred-year floodplain
acreage, and such area must be appropriately situated for the location
and construction of the child care center and its appurtenances, including
any septic system serving the lot.
|
8.
Adequate landscape screening shall be provided along lot lines common
with residential uses or districts, where applicable.
9.
One unlighted sign not exceeding 30 square feet in area and 10 feet
in height is permitted. The sign shall be set back at least 25 feet
from all street and property lines.
10.
No outside area designated for play or utilized by the children as
a "waiting" area shall be within the one-hundred-year floodplain,
wetlands, or wetlands buffer.
11.
Any child care center shall comply with all State standards and licensing
requirements.
12.
All other applicable requirements of this ordinance shall apply.
C.
(Reserved)
D.
Fast Food Restaurants.
1.
An application for a fast food restaurant shall satisfy all procedural
requirements and standards for major site plan review specified in
§ 800 of this ordinance and also shall include appropriate
off-tract information to permit the Planning Board to make an informed
decision as to whether the requirements set forth in Subsections 602.D.2
and 602.D.3 hereinbelow have been met.
2.
The Planning Board shall be satisfied that the proposed development
will be in harmony with adjacent activities and land uses. The proposed
development shall also be compatible with the Master Plan of Medford
Township and specific studies contained therein relating to site design
both on and off the tract.
3.
The Planning Board shall be satisfied that the off-tract circulation
is adequate for the movement of people and goods, whether in vehicles,
pedestrian, by bicycle or other means. In the event that a proposed
fast-food restaurant is to be located within 1,500 feet of another
fast-food restaurant, the Planning Board must make a specific determination
that the access to and from the tract is adequate, and that the adjacent
road system is capable of accommodating the proposed traffic load,
particularly during peak hours.
4.
The Planning Board shall be satisfied that the applicant has taken
into consideration the physical constraints of the tract, including
topography, drainage, soil conditions and existing vegetation.
5.
The Planning Board shall be satisfied that on-tract circulation is
adequate, safe and efficient for all users and vehicles, including
pedestrian, bicycle, automobile, delivery vehicles, emergency vehicles
and service vehicles. In no event shall a drive-through window be
located so as to interfere with parking provisions.
6.
A fast-food restaurant shall satisfy the following requirements in
addition to requirements otherwise applicable in the subject zoning
district:
a.
The minimum lot size shall be two acres, with no drive-through window,
and 2 1/2 acres for fast food restaurants with a drive-through
window. The minimum frontage shall be 300 feet;
b.
One parking space shall be provided for every 30 square feet of gross
floor area, together with adequate employee parking; and
c.
The lot coverage shall not exceed 60%.
E.
(Reserved)
F.
Home Occupations.
1.
The following are the only permitted home occupations:
a.
Professional office of a physician, dentist, chiropractor, chiropodist,
optometrist, attorney, minister, accountant, psychologist, architect
or engineer.
b.
Artist.
c.
Seamstress.
d.
Salesperson, provided that products are not stored within the residential
area.
e.
Tutor in academic studies.
f.
Manufacturing representative, provided that no products are stored
on-site.
g.
"Family Day Care Homes" shall be deemed to be a home occupation in
any residential district in which home occupations are a permitted
accessory use and shall be subject to the same restrictions applicable
to all other home occupations stated herein.
2.
If permitted, home occupations shall meet all of the following standards
and conditions:
a.
The owner or user shall submit to the administrative officer, prior
to any use being made of the premises, a signed written statement
setting forth:
(1)
The name and address of the user.
(2)
The proposed use or occupation.
(3)
An acknowledgment of receipt of a copy of this section, an agreement
by the user to comply with all provisions of this ordinance, and a
consent to periodic inspection by the Township to ensure compliance
with the provisions hereof.
b.
Signs (as defined and permitted in § 526).
[Amended 3-5-2013 by Ord.
No. 2013-1]
c.
No more than one person, who must be a resident of the home in which
the business is being conducted, shall conduct any business on the
site. In the case of a professional office permitted by Subsection
602.F.1.a hereinabove, the professional may have one additional employee,
such as a secretary, nurse or telephone receptionist/operator.
d.
The permitted home occupation shall be conducted entirely within
two rooms or 25% of the total gross habitable floor area of the home,
whichever is less.
e.
No mechanical equipment shall be sold on the premises in connection
with a home occupation.
f.
No more than one client, customer, patient or visitor to the business
shall be seen at any one time. There shall be adequate off-street
parking for any such clients, customers, etc., and any employee permitted
pursuant to Subsection 602.F.2.c hereinabove.
3.
It is the intent of the Home Occupations Subsection F.1 and 2 to
regulate a formal business operating at a home in conjunction with
the homeowner's residential use of the property, not an individual
working remotely at home.
[Added 6-7-2023 by Ord. No. 2023-10]
4.
Nothing herein shall be deemed or interpreted to prevent, prohibit
or require any approval for an individual working from home with a
"virtual office", provided that:
[Added 6-7-2023 by Ord. No. 2023-10]
a.
The individual is a resident of the home.
b.
There is no sign or other identification of a business being operated
in the home or on the property.
c.
There is no employee at the home other than the individual working
remotely.
d.
No customer, client or other visitor can be met at the home or on
the property or parked on the property in conjunction with the individual
working from home.
e.
No business equipment, business vehicles, or other business material
shall be stored or kept outside at the home and there is no visible
evidence of a business being operated at the home or property.
G.
Hospitals, Philanthropic or Eleemosynary Uses.
1.
The application shall follow all procedures, requirements and standards
for major site plan approval specified in § 800 of this
ordinance.
2.
A statement setting forth the need for and particulars on the operation
of the structures and use shall be filed with the Planning Board.
3.
In order to approve an application for a hospital, philanthropic
or eleemosynary use, the Planning Board must conclude that the proposed
use in the specific location is necessary and will service the community.
4.
The property proposed to be occupied by the use shall have a minimum
lot area of five acres; minimum front, rear and side yard areas each
shall be 100 feet; and the maximum lot coverage shall not exceed 25%
of the lot.
5.
Off-street parking shall be provided at the ratio of 1.5 spaces for
every bed.
6.
All other applicable requirements of this ordinance shall apply.
H.
Institutional Uses.
1.
The applicant shall follow all procedures, requirements and standards
for major site plan approval specified in § 800 of this
ordinance.
2.
In order to approve an application for an institutional use, the
Planning Board must conclude that:
a.
The use does not require or will not generate subsidiary or satellite
development in the Forest District;
b.
The applicant has demonstrated that adequate public service infrastructure
will be available to serve the use; and
c.
The use is primarily designed to serve the needs of the Forest District
in which the use is to be located.
3.
All other applicable requirements of this ordinance shall apply.
I.
Parochial, Private or Public Schools.
1.
For purposes of this ordinance, "Parochial, Private Or Public Schools"
may include institutions of higher learning, but shall not include
trade or business schools.
2.
The applicant shall follow all procedures, requirements and standards
for major site plan approval specified in § 800 of this
ordinance.
3.
The applicant shall submit a statement which shall indicate the grade
levels of the pupils to be housed in the building or buildings, the
planned pupil capacity of such building or buildings and the contemplated
eventual enrollment of the school.
4.
Elementary schools shall provide parking at the ratio of two spaces
for each classroom, but not less than one space for each teacher and
staff; intermediate schools shall provide parking at the ratio of
1.5 spaces for each classroom, but not less than one space for each
teacher and staff; and secondary schools shall provide parking at
the ratio of 2.5 spaces for each classroom, but not less than two
spaces for each teacher and staff.
These requirements may be increased if, in the judgment of the
Planning Board, the unavailability of bus service, the particular
location of the subject property, and/or the relatively high percentage
of pupils driving or anticipated to be driving cars to the school
make such increased requirements desirable.
5.
No driveways shall open onto a public street within 75 feet of an
intersection of such street with another public street.
6.
Illumination for night athletic activities shall be shielded from
illuminating adjoining streets and residential areas.
J.
Pinelands Resource-Related Use.
K.
Places of Worship.
1.
The applicant shall follow all procedures, requirements and standards
for major site plan approval specified in § 800 of this
ordinance.
2.
The proposed use is a bona fide nonprofit religious use.
3.
The proposed use in the proposed location will not adversely affect
the safe and comfortable enjoyment of property rights; that the design
of any structure(s) to be erected in connection with such use are
in keeping with the general character of the residential area; and
that sufficient landscaping, including trees, shrubs and lawn, are
provided to appropriately buffer the said use from adjoining residential
properties and to ensure an attractive appearance for the use.
4.
The buildings will not occupy more than 25% of the lot area, that
all of the requirements as set forth in this ordinance for the zone
in which it is to be located are observed, that such use will not
be a substantial detriment to the surrounding property values, and
that the structure or use proposed will serve a useful purpose to
the general welfare of the Township.
5.
Off-street parking shall be provided at the ratio of one space for
every three seats.
L.
Public Utilities.
1.
For purposes of this ordinance, 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,
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.
M.
Quasi-Public and Recreational Buildings.
1.
For purposes of this ordinance, the term "Quasi-Public And Recreational
Buildings" shall include and be limited to clubhouses, playgrounds,
swimming pools, tennis courts and other such activities operated by
nonprofit membership organizations.
2.
The applicant shall follow all procedures, requirements and standards
for minor site plan approval specified in § 800 of this
ordinance.
3.
A statement setting forth the need for the operation of the use and
a complete list of the charter membership, including names and resident
addresses, shall be filed with the Planning Board.
4.
No buildings, structures or active recreation facilities shall be
located within 100 feet of an adjacent residential property line.
5.
In order to approve an application for a quasi-public and recreational
building, the Planning Board must conclude that:
a.
The proposed use is a bona fide nonprofit organization operated solely
for the recreation and enjoyment of the members of said organization;
and
b.
The proposed use in the proposed location will not adversely affect
the safe and comfortable enjoyment of property rights or otherwise
adversely affect the value of adjacent properties; the design of any
structures erected in connection with such use are in keeping with
the general character of the residential area; and sufficient landscaping,
including trees, shrubs and lawn, are provided to serve as a buffer
between said use and adjoining residential properties.
N.
Resource Extraction.
1.
Except as otherwise authorized in this ordinance, the extraction
of mineral resources other than sand, gravel, clay and ilmenite is
prohibited. New resource extraction operations shall be permitted
only in the PI Planned Industrial District. Resource extraction operations
that were in operation on August 8, 1980 may be continued if said
operation obtained development approval from the Pinelands Commission
on or before February 20, 1981.
2.
No approval for resource extraction shall be issued for a period
exceeding two years.
3.
All applications for "resource extraction" approval shall include,
in addition to the submission requirements for minor site plans in
§ 803.B of this ordinance, the following information:
a.
A topographic map at a scale of one inch equals 200 feet, showing
the proposed dimensions, location and operations on the subject property.
b.
A United States Geological Survey quadrangle map showing the dimensions
of the property and an area of at least 1,000 square feet beyond such
boundary in all directions.
c.
The location, size and intended use of all buildings.
d.
The location of all points of ingress and egress.
e.
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing all streams, wetlands
and significant vegetation, forest associations and wildlife habitats.
f.
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way.
g.
A soils map.
h.
A reclamation plan which includes:
(1)
Method of stockpiling topsoil and overburden.
(2)
Proposed grading and final elevations.
(3)
Topsoil material application and preparation.
(4)
Type, quantity and age of vegetation to be used.
(5)
Fertilizer application, including method and rates.
(6)
Planting method and schedules.
(7)
Maintenance requirements schedule.
i.
A signed acknowledgment from both the owner and the applicant that
they are responsible for any resource extraction activities which
are contrary to any provision of this ordinance or to the approved
resource extraction plan done by any agent, employee, contractor,
subcontractor or other person authorized to be on the parcel by either
the owner or the applicant.
j.
A financial surety, guaranteeing performance of the requirements
of Subsections N.4 and N.5 hereinbelow in the form of a letter of
credit, certified check, surety bond or other recognized form of financial
surety acceptable to the Pinelands Commission. The financial surety
shall be equal to the cost of restoration of the area to be excavated
during the two year duration of any approval which is granted. The
financial surety, which shall name the Commission and the Township
as obligee, shall be posted by the property owner or his/her agent
with the Township.
k.
A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior
approval from the Pinelands Development Review Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations.
l.
When prior approval for the development has been granted by an approving
authority, evidence of the Pinelands Commission review shall be provided.
4.
Resource extraction operations shall be approved only if the applicant
can demonstrate that the proposed resource extraction operation:
a.
Is designed so that no area of excavation, sedimentation pond, storage
area, equipment or machinery or other structure or facility is closer
than:
b.
Is to be located on a parcel of land at least 20 acres.
c.
Provides that all topsoil that is necessary for restoration will
be stored on the site and will be protected from wind or water erosion.
d.
Is fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads.
e.
Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways.
f.
Is designed so that surface runoff will be maintained on the parcel
in a manner that will provide for on-site recharge to groundwater.
g.
Will not involve excavation below the seasonal high water table,
unless the excavation will serve as a recreational or wildlife resource
or a water reservoir for public, agricultural or industrial uses or
for any other use authorized in the area in which the site is located,
provided that in no case shall excavation have a depth exceeding 65
feet below the natural surface of the ground existing prior to excavation
unless it can be demonstrated that a depth greater than 65 feet will
result in no significant adverse impact relative to the proposed final
use or on off-site areas.
h.
Will be carried out in accordance with an extraction schedule which
depicts the anticipated sequence, as well as the anticipated length
of time, that each of the 20 acre units of the parcel proposed for
extraction will be worked. This shall not preclude more than one 20
acre unit from being worked at any one time, provided that there is
a demonstrated need for additional units, restoration is proceeding
on previously mined units and the area of clearing does not exceed
that specified in subsection N.4.j below.
i.
Will involve restoration of disturbed areas at the completion of
the resource extraction operation in accordance with the requirements
of Subsection N.5 hereinbelow, and the implementation of the restoration
plan is secured by a letter of credit, surety bond or other guaranty
of performance.
j.
Will not involve clearing adjacent to ponds in excess of 20 acres
or an area necessary to complete scheduled operations; or will not
involve unreclaimed clearing exceeding 100 acres or 50% of the area
to be mined, whichever is less, for surface excavation at any time.
k.
Will not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map appearing as Figure 7.1
in the Pinelands Comprehensive Management Plan.
5.
All parcels of land which are used for resource extraction operations
shall be restored as follows:
a.
Restoration shall be a continuous process, and each portion of the
parcel shall be restored such that ground cover be established within
two years and tree cover established within three years after resource
extraction is completed for that portion of the site mined.
b.
Restoration shall proceed in the same sequence and time frame set
out in the extraction schedule required in Subsection 602.N.4.h hereinabove.
c.
All restored areas shall be graded so as to conform to the natural
contours of the parcel to the maximum extent practical; grading techniques
that help to control erosion and faster revegetation shall be utilized;
the slope of surface of restored surfaces shall not exceed one-foot
vertical to three feet horizontal except as provided for in Subsection
602.N.5.f hereinbelow.
d.
Topsoil shall be restored in approximately the same quality and quantity
as existed at the time the resource extraction operation was initiated.
All topsoil removed shall be stockpiled and used for the next area
to be restored, unless it is immediately reused for reclamation that
is currently underway.
e.
Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated.
f.
Any body of water created by the resource extraction operation shall
have a shoreline not less than three feet above and three feet below
the projected average water table elevation. The shoreline both above
and below the surface water elevation shall have a slope of not less
than five feet horizontal to one-foot vertical. This requirement shall
apply to any water body or portion of a water body created after December
5, 1994. For any water body or portion of a water body created prior
to December 5, 1994, this requirement shall apply to the extent that
it does not require grading of areas which have not been disturbed
by mining activities. Where grading would require such disturbance,
a reduction in the distance of the graded shoreline above and below
the average water table elevation shall be permitted;
g.
All equipment, machinery and structures, except for structures that
are usable for recreational purposes or any other use authorized in
the area, shall be removed within six months after the resource extraction
operation is terminated and restoration is completed.
h.
Reclamation shall to the maximum extent practical result in the reestablishment
of the vegetation association which existed prior to the extraction
activity and shall include:
(1)
Stabilization of exposed areas by establishing ground cover
vegetation; and
(2)
Re-establishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one of the following:
(a)
The planting of a minimum of 1,000 one-year old
pitch pine seedlings or other native Pinelands tree species per acre
in a random pattern;
(b)
Cluster planting of characteristic Pinelands oak
species, such as blackjack oak, bear oak, chestnut oak and black oak,
and shrubs such as black huckleberry, sheep laurel and mountain laurel,
at a spacing sufficient to ensure establishment of these species;
(c)
A combination of the planting techniques set forth
in (a) and (b) above; or
(d)
The use of other planting techniques or native
Pinelands specifies as may be necessary to restore the vegetation
association which existed prior to the extraction activity.
i.
Slopes beyond a water body's shoreline shall be permitted at the
natural angle of repose to the bottom of the pond.
j.
The letter of credit, surety bond or other guaranty of performance
which secures restoration of each section shall be released after
the Township has determined that the requirements of Subsections 5.a
through 5.i hereinabove are being met and the guaranty of performance
is replaced with a maintenance guaranty for a period of two years
thereafter.
O.
Density Transfer Program.
1.
Forest Area. Single-family detached dwellings on lots of one acre
or more existing as of January 14, 1981 shall be permitted in the
FD District, provided that:
a.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or non-contiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 39
acres;
b.
All lands acquired pursuant to Subsection 602.O.1.a above, which
may or may not be developable, are located within the FD District;
c.
All noncontiguous lands acquired pursuant to § 602.O.1.a
and b above shall be permanently protected through recordation of
a deed of restriction in accordance with the following requirements:
[Amended 12-5-2011 by Ord. No. 2011-15]
(1)
The deed of restriction shall permit the parcel to be managed
for:
(a)
Low-intensity recreation, ecological management
and forestry, provided that no more than 5% of the land may be cleared,
no more than 1% of the land may be covered with impervious surfaces,
and any such uses or activities are approved and conducted in accordance
with the requirements of this ordinance;
(b)
Where agricultural use exists on a parcel proposed
to be protected, the following standards shall apply:
i.
For those agricultural uses in existence as of April 6, 2009, the
deed of restriction may provide for the continuation of agricultural
uses and the expansion of the area of agricultural use by up to 50%;
ii.
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for density transfer;
iii.
For those agricultural uses established after
April 6, 2009, which do not meet the standards of Subsection O.1.c(1)(b)ii
above, the deed of restriction shall permit the land to be managed
only in accordance with Subsection O.1.a above and shall not provide
for continuation of any agricultural use on the parcel; and
iv.
The deed of restriction to be recorded pursuant
to Subsection O.1.c(1)(b)i or ii above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a resource management
system plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
resource management system plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided.
(2)
The deed of restriction shall be in favor of the parcel to be
developed and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Township Attorney and the Pinelands Commission.
d.
Tax assessments for the acquired non-contiguous lands are combined
and assigned to the land to be developed; and
e.
The lot proposed for development otherwise meets the minimum standards
of § 500 and § 611 of this ordinance.
2.
Rural Development Area. Single-family detached dwellings on lots
of one acre or more existing as of January 14, 1981 shall be permitted
in the RGD-2 and RS-2 Districts, provided that:
a.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or non-contiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 3.2
acres if development is proposed in the RGD-2 District and at least
six acres if development is proposed in the RS-2 District;
b.
All lands acquired pursuant to Subsection 602.O.2.a above, which
may or may not be developable, are located within the same district
where development is proposed; and
c.
The requirements of Subsections 602.O.1.c, 1.d and 1.e above are
met.
P.
Conference Facilities.
1.
"Conference Facilities" shall only be permitted as an accessory use
to an existing "Quasi-Public Campground Activity" permitted in the
PPE District and consisting of at least 500 acres in area. The specific
land area meeting this criteria in Medford Township at this time is
the YMCA Camp Ockanickon which primarily consists of Lot 1 in Block
5101.01 (approximately 509.3 acres) as indicated on the Township Tax
Assessment Maps.
2.
Only that portion of the YMCA Camp Ockanickon noted on Detail #4
on the Township Zoning Map as "Area #1" may contain the "Conference
Facilities."
3.
"Conference Facilities" may include facilities for meetings, conferences
and seminars as well as related facilities for sleeping, eating and
recreation.
4.
The "Conference Facilities" and all other facilities generating wastewater
within "Area #1" indicated on Detail #4 on the Zoning Map shall be
served by a public wastewater treatment plant and collection system
in accordance with § 524.A of this ordinance. No such sewer
service shall be permitted until and unless all of the requirements
for "Conference Facilities" as specified in this ordinance are met.
5.
All existing and proposed facilities within "Area #2" indicated on
Detail #4 on the Zoning Map shall be served by individual on-site
septic wastewater treatment systems in accordance with Subsection
521.M.2.b(4) of this ordinance. No public sanitary sewer shall be
permitted to service any facilities within "Area #2" except as provided
for in Subsection 521.M.2.b(2) of this ordinance.
6.
No newly proposed building or parking area shall be located closer
than 150 feet from any tract boundary line.
7.
No newly proposed building and no addition to an existing building
shall exceed 35 feet and 2 1/2 stories in height.
8.
The maximum floor area ratio (F.A.R.) of all buildings on the total
tract (i.e., "Area #1" and "Area #2") shall not exceed 0.015, and
the maximum aggregate amount of the total tract covered by buildings,
structures, parking areas and driveways shall not exceed 5% of the
total tract's area.
9.
The "Minimum Off-Street Parking" and "Permitted Signs" provisions
otherwise specified in § 409 for uses within the PPE District
shall apply.
10.
Lighting on-site shall be minimal and shall be provided primarily
for safety purposes.
11.
The existing vegetation on-site shall be maintained to the greatest
extent practical and, additionally, the Planning Board may require
new plantings for purposes of screening areas of the tract from adjacent
properties where such areas contain structures or are used for activities
which could have an adverse impact upon the adjacent properties.
12.
All other applicable requirements of this ordinance shall be met.
13.
Major site plan review and approval by the Planning Board shall be
required in accordance with § 804 of this ordinance.
14.
The entirety of the tract (i.e., "Area #1" and "Area #2") shall be
the subject of the site plan submission and the submitted plan shall
clearly demonstrate that the primary use of the property will be limited
to the existing "Quasi-Public Campground Activity" and that the "Conference
Facilities" within "Area #1" are found by the Planning Board to be
accessory and subordinate to the campground use.
15.
Planning Board approval of the submitted site plan shall be contingent
upon the deed restriction of "Area #1" to "any use which under lawful
regulations requires sewers" and the deed restriction of "Area #2"
to no other use than the "Quasi-Public Campground Activities" as permitted
by this ordinance and approved by the Township. For the purposes of
this ordinance Section, "Quasi-Public Campground Activities" shall
be limited to "Campsites," "Fish And Wildlife Management" and "Low
Intensive Recreational Facilities" as defined in § 200 of
this ordinance. No "Conference Facilities" shall be permitted within
"Area #2."
16.
Upon the termination of the Quasi-Public Campground Activity use
in the YMCA Camp Ockanickon and only upon 60 days' notice to the governing
body of the owner's intent to terminate said use, the permitted uses,
and all other requirements shall thereafter be as set forth in § 404
of the Land Development Ordinance herein, as those uses and requirements
solely pertain to the "Reserve Growth District-2."
Q.
Limited Retail.
1.
Limited retail uses are those specified for districts, e.g., RHC
(Restricted Highway Commercial), planned as transitional areas between
"heavier" commercial districts, and residential districts. It is the
goal of this section to allow low density nonresidential uses that
are compatible with existing neighboring residential development and
to prohibit retail uses that generate significant negative impacts,
e.g., traffic volumes, sound impacts, or increased lighting intensity,
from relatively small structures, i.e., convenience stores that are
incompatible with existing neighboring residential development.
2.
Traffic Generation: No site development with retail/service use(s)
shall have potential to generate more than average rate of 11 vehicular
trips per 1,000 square feet of gross leasable area during any weekday
morning, afternoon/evening or weekend peak traffic hour, as evidenced
by traffic generation statistics published in the International Transportation
Engineers (ITE) Manual.
3.
Uses shall be limited to:
a.
Antiques, books, photograph supplies and services, retail food establishments
including confections, foodstuffs and baked goods, dry goods, tobacco
products, flowers, gifts, watches and jewelry, newspapers and periodicals,
stationary, wearing apparel and similar goods. Seating for the on-site
consumption of food or drinks at uses not considered restaurants,
e.g., a bakery or confectionery store, shall be limited to 12 seats.
These uses shall not be considered restaurants for the purpose of
determining parking requirements.
b.
Retail person services limited to beauty shops, nail salons, barber
shops, tailor, shoe repair, dressmaking, photography and millinery.
c.
Locations serving food shall be limited to sit-down restaurants with
only limited take-out service and which do not have drive-through
or outside walk-up (window) service. Pizza restaurants (with or without)
seats, fast food restaurants, sandwich shops, coffee shops, donut
shops and ice cream or custard stands are examples of food retailers
with take-out services that are not permitted.
d.
Convenience stores, contract services, and building supply stores
are specifically prohibited.
4.
An application for limited retail uses shall satisfy all procedural
requirements and standards for major site plan review specified in
§ 800 of this ordinance and also shall include appropriate
off-tract information to permit the Planning Board to make an informed
decision as to whether the requirements set forth hereinbelow have
been met.
5.
The Planning Board shall be satisfied that the proposed development
will be in harmony with adjacent activities and land uses. The proposed
development shall also be compatible with the Master Plan of Medford
Township and specific studies contained therein relating to site design
both on and off the tract.
6.
The Planning Board shall be satisfied that the off-tract circulation
is adequate for the movement of people and goods, whether in vehicles,
pedestrian, by bicycle or other means. In the event that a proposed
limited retail use is to be located within 1,000 feet of another retail
use, the Planning Board must make a specific determination that the
access to and from the tract is adequate, and that the adjacent road
system is capable of accommodating the proposed traffic load, particularly
during peak hours.
7.
The Planning Board shall be satisfied that the applicant has taken
into consideration the physical conditions of the tract, including
topography, drainage, and soil conditions. Existing vegetation shall
be preserved to the greatest extent possible.
8.
The Planning Board shall be satisfied that on-site circulation is
adequate, safe and efficient for all users and vehicles, including
pedestrian, bicycle, automobile, delivery vehicles, emergency vehicles
and service vehicles. In no event shall a drive-through window be
permitted.
9.
A limited retail use shall satisfy the following requirements in
addition to requirements otherwise applicable in the subject zoning
district:
R.
Cemeteries.
1.
An application for a cemetery shall satisfy all procedural requirements
and standards for major site plan review specified in § 800
of this ordinance and also shall include appropriate off-tract information
to permit the Reviewing Board to make an informed decision as to whether
the requirements set forth in § 412 have been met. In addition,
a statement setting forth the need for and particulars on the operation
and maintenance of the cemetery structures shall be filed with the
Reviewing Board.
2.
The minimum parcel size for a cemetery shall be eight acres. The
Reviewing Board shall be satisfied that the proposed development will
be in harmony with adjacent activities and land uses. The proposed
development shall also be compatible with the Master Plan of Medford
Township and specific studies contained therein relating to site design
both on and off the tract.
3.
Definitions, regulations and procedures as provided in the New Jersey
Cemetery Act shall apply.
4.
The Reviewing Board must make a specific determination that the access
to and from the tract is adequate, and that the adjacent road system
is capable of accommodating the proposed traffic.
5.
The Reviewing Board shall be satisfied that the applicant has taken
into consideration the physical constraints of the tract, including
topography, groundwater, drainage, soil conditions and existing vegetation.
6.
The Reviewing Board shall be satisfied that on-tract circulation
is adequate, safe and efficient for all users and vehicles, including
pedestrians, automobiles, processional vehicles, emergency vehicles
and service vehicles.
7.
The hours of operation shall be limited to sunrise to sunset.
8.
Appropriate fencing or other screening shall be provided around the
perimeter of the site used as a cemetery.
S.
Non-Clustered Single-Family Detached Dwellings. Single-family detached
dwellings in the FD, RGD-2 or RS-2 District which are not clustered
in accordance with the standards of § 614 may be permitted
as a conditional use, provided that:
[Added 12-5-2011 by Ord.
No. 2011-15]
1.
The Planning Board finds that:
[Ord. No. 1992-1 § 2;
amended 12-5-2017 by Ord. No. 2017-16]
A.
Statutory authorization, findings of fact, purpose and objectives.
1.
Statutory authorization. The Legislature of the State of New Jersey
has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to
local governmental units to adopt regulations designed to promote
public health, safety, and general welfare of its citizenry. Therefore,
the Township Council of the Township of Medford of Burlington County,
New Jersey, does ordain as follows:
2.
Findings of fact.
a.
The flood hazard areas of the Township of Medford are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
b.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
3.
Statement of purpose. It is the purpose of this section to permit
only the development of flood-prone areas within Medford Township
which promotes the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
a.
Protect human life and health;
b.
Protect animal and plant life;
c.
Represents an acceptable social and economic use of the land;
d.
Minimize expenditure of public money for costly flood control projects;
e.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
f.
Minimize prolonged business interruptions;
g.
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
h.
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
i.
Prohibits the decrease of flood water storage area;
j.
Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
k.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
4.
Methods of reducing flood losses. In order to accomplish its purposes,
this section includes methods and provisions for:
a.
Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
b.
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c.
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
d.
Controlling filling, grading, dredging, and other development which
may increase flood damage; and
e.
Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
B.
A ZONE
AE ZONE
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
CHANNEL
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD HAZARD AREA (FHA)
1.
2.
FLOOD HAZARD AREA DESIGN FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
1.
2.
3.
4.
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
1.
2.
VARIANCE
VIOLATION
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application.
Areas subject to inundation by the one-percent-annual-chance
flood event generally determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no base
flood elevations (BFEs) or flood depths are shown. Mandatory flood
insurance purchase requirements and floodplain management standards
apply.
Areas subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods. Base flood elevations
(BFEs) are shown. Mandatory flood insurance purchase requirements
and floodplain management standards apply.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one foot and three feet. Base flood elevations (BFEs) derived
from detailed hydraulic analyses are shown in this zone. Mandatory
flood insurance purchase requirements and floodplain management standards
apply.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one foot and three feet. Average flood depths derived
from detailed hydraulic analyses are shown in this zone. Mandatory
flood insurance purchase requirements and floodplain management standards
apply.
A request for a review of the Floodplain Administrator's
interpretation of any provision of this section or a request for a
variance.
A designated AO or AH Zone on a community's Digital Flood
Insurance Rate Map (DFIRM) with a one-percent-annual or greater chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Land in the floodplain within a community subject to a 1%
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
A flood having a 1% chance of being equaled or exceeded in
any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a 1% or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A linear topographic depression that continuously or intermittently
confines and/or conducts surface water, not including transient erosional
gullies and other ephemeral features that temporarily form after heavy
rainfall. A channel can be naturally occurring or can be of human
origin through excavation or construction, in which case it is referred
to as "man-made." A channel includes both bed and banks.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
A nonbasement building i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and ii) adequately anchored so as not to impair
the structural integrity of the building during a flood up to the
magnitude of the base flood. In an area of special flood hazard, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of floodwaters.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
Land, and the space above that land, which lies below the
flood hazard area design flood elevation. Structures, fill and vegetation
that are situated on land that lies below the flood hazard area design
flood elevation are described as being "in" or "within" the flood
hazard area. The inner portion of the flood hazard area is called
the "floodway" and the outer portion of the flood hazard area is called
the "flood fringe." Figures A and B at N.J.A.C. 7:13-2.3 illustrate
these areas as well as the riparian zone along a typical water. The
flood hazard area on a particular site is determined using the methods
set forth at N.J.A.C. 7:13-3. There are two types of flood hazard
areas:
Tidal flood hazard area, in which the flood hazard area design
flood elevation is governed by tidal flooding from the Atlantic Ocean.
Flooding in a tidal flood hazard area may be contributed to or influenced
by stormwater runoff from inland areas, but the depth of flooding
generated by the tidal rise and fall of the Atlantic Ocean is greater
than flooding from any fluvial sources; and
Fluvial flood hazard area, in which the flood hazard area design
flood elevation is governed by stormwater runoff. Flooding in a fluvial
flood hazard area may be contributed to or influenced by elevated
water levels generated by the tidal rise and fall of the Atlantic
Ocean, but the depth of flooding generated by stormwater runoff is
greater than flooding from the Atlantic Ocean.
A flood equal to the 100-year flood plus an additional amount
of water in fluvial areas to account for possible future increases
in flows due to development or other factors. This additional amount
of water also provides a factor of safety in cases when the 100-year
flood is exceeded. N.J.A.C. 7:13-3 describes the various methods of
determining the flood hazard area design flood for a particular water
as well as the additional amount of water to be added in various situations.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without accumulatively increasing the water surface elevation more
than 0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's lowest floor provided that
such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
[For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348)] includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of pilings,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers, or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals 50% of the market value of
the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief by the Planning Board from the requirements
of this section that permits construction in a manner that would otherwise
be prohibited by this section.
The failure of a structure or other development to be fully
compliant with this section. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
C.
General provisions.
1.
Lands to which this section applies. This section shall apply to
all areas of special flood hazards within the jurisdiction of the
Township of Medford, Burlington County, New Jersey.
2.
Basis for establishing the areas of special flood hazard.
a.
The areas of special flood hazard for the Township of Medford Community
No. 340104 are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
(1)
A scientific and engineering report, "Flood Insurance Study,
Burlington County, New Jersey (All Jurisdictions)," dated December
21, 2017.
(2)
"Flood Insurance Rate Map for Burlington County, New Jersey
(All Jurisdictions)," as shown on Index and panel(s) 34005C0261F,
34005C0262F, 34005C0263F, 34005C0264F, 34005C0266F, 34005C0268F, 34005C0269F,
34005C0376F, 34005C0377F, 34005C0378F, 34005C0379F, 34005C0381F, 34005C0382F,
34005C0383F, 34005C0384F, 34005C0386F, 34005C0387F, 34005C0395F, whose
effective date is December 21, 2017.
(3)
However, it is recognized that more flood hazard areas may exist
in the Township than those already mapped. Additionally, while information
depicted on the Flood Insurance Rate Maps has been prepared as accurately
as possible; nevertheless, it must be understood that detailed information
mapped at such a large scale may not represent the actual conditions
on any particular parcel of land. Therefore, the information is not
intended to take the place of specific on-site engineering data presented
to the Township at the time applications are submitted for approval
of a subdivision, site plan, construction permit, and/or any other
application which considers the flood hazard information depicted
on the maps.
b.
The above documents are hereby adopted and declared to be a part
of this section. The Flood Insurance Study and maps are on file at
17 North Main Street, Medford, New Jersey. DFIRMs are also available
to be downloaded directly from the FEMA Flood Map Service Center at
the following web address: https://msc.fema.gov/portal/search.
3.
Penalties for noncompliance. No structure or land shall hereafter
be constructed, relocated to, extended, converted, or altered without
full compliance with the terms of this section and other applicable
regulations. Violation of the provisions of this section by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this section or fails to comply
with any of its requirements shall upon conviction thereof be fined
not more than $2,000 or imprisoned for not more than 90 days, or both,
for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the Township
of Medford, from taking such other lawful action as is necessary to
prevent or remedy any violation.
4.
Abrogation and greater restrictions. This section is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this section and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
6.
Warning and disclaimer of liability. The degree of flood protection
required by this section is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This section does not imply
that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This
section shall not create liability on the part of the Township of
Medford, any officer or employee thereof or the Federal Insurance
Administration for any flood damages that result from reliance on
this section or any administrative decision lawfully made hereunder.
D.
Administration.
1.
Establishment of development permit. A development permit shall be
obtained before construction or development begins, including placement
of manufactured homes, within any area of special flood hazard established
in Subsection C.2. Application for a development permit shall be made
on forms furnished by the Construction Official and may include, but
not be limited to, plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question; existing
or proposed structures, fill, storage of materials, drainage facilities;
and the location of the foregoing. Specifically, the following information
is required:
a.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b.
Elevation in relation to mean sea level to which any structure has
been floodproofed;
c.
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in Subsection E.2.b.; and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
2.
Designation of the local administrator. The Construction Official
is hereby appointed to administer and implement this section by granting
or denying development permit applications in accordance with its
provisions.
3.
Duties and responsibilities of the administrator. Duties of the Construction
Official shall include, but not be limited to:
a.
Permit review.
(1)
Review all development permits to determine that the permit
requirements of this section have been satisfied.
(2)
Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(3)
Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway,
assure that the encroachment provisions of Subsection E.3.a are met.
b.
Use of other base flood and floodway data. When base flood elevation
and floodway data has not been provided in accordance with Subsection
C.2, Basis for establishing the areas of special flood hazard, the
Construction Official shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a federal,
state or other source, in order to administer Subsections E.2.a, Specific
standards, residential construction, and E.2.b, Specific standards,
nonresidential construction.
c.
Information to be obtained and maintained.
(1)
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
(3)
Maintain for public inspection all records pertaining to the
provisions of this section.
d.
Alteration of watercourses.
(1)
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Bureau of Flood Control and the Land Use
Regulation Program prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
e.
Substantial damage review.
(1)
After an event resulting in building damages, assess the damage
to structures due to flood and nonflood causes.
(2)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
(3)
Ensure substantial improvements meet the requirements of Subsections
E.2.a, Specific standards, residential construction, E.2.b, Specific
standards, nonresidential construction, and E.2.c, Specific standards,
manufactured homes.
f.
Interpretation of FIRM boundaries. Make interpretations, where needed,
as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Subsection D.4.
4.
Variance procedure.
a.
Appeal Board.
(1)
The Planning Board as established by Township Council shall
hear and decide appeals and requests for variances from the requirements
of this section.
(2)
The Planning Board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Construction Official in the enforcement or administration
of this section.
(3)
Those aggrieved by the decision of the Planning Board, or any
taxpayer, may appeal such decision to a court of competent jurisdiction
as provided in (Ord. No. 1992-1 § 2; Ord. No. 1997-8 § 1,
Ord. No. 1998-6 § 1).
(4)
In passing upon such applications, the Planning Board shall
consider all technical evaluations, all relevant factors, standards
specified in other subsections of this section, and:
(a)
The danger that materials may be swept onto other
lands to the injury of others;
(b)
The danger to life and property due to flooding
or erosion damage;
(c)
The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(d)
The importance of the services provided by the
proposed facility to the community;
(e)
The necessity to the facility of a waterfront location,
where applicable;
(f)
The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing
and anticipated development;
(h)
The relationship of the proposed use to the comprehensive
plan and floodplain management program of that area;
(i)
The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(j)
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
(k)
The costs of providing governmental services during
and after flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
(5)
Upon consideration of the factors of Subsection D.4.a(4) and
the purposes of this section, the Planning Board may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this section.
(6)
The Construction Official shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
b.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1/2 acre or less
in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing Subsection D.4.a(4)(a)
through (k) have been fully considered. As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing
the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(4)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified in Subsection
D.4.a(4), or conflict with existing local laws or ordinances.
(6)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
E.
Provisions for flood hazard reduction.
1.
General standards. In all areas of special flood hazards, compliance
with the applicable requirements of the Uniform Construction Code
(N.J.A.C. 5:23) and the following standards, whichever is more restrictive,
is required:
a.
Anchoring.
(1)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
(2)
All manufactured homes to be placed or substantially improved
shall be anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not to be limited to, use
of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
b.
Construction materials and methods.
c.
Utilities.
(1)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(2)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
(3)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
(4)
For all new construction and substantial improvements, the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
d.
Subdivision proposals.
(1)
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
(2)
All subdivision proposals and other proposed new development
shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
(3)
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development which contain at least
50 lots or five acres (whichever is less).
e.
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings in at least two exterior walls
of each enclosed area, having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding,
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers,
or other covering or devices provided that they permit the automatic
entry and exit of floodwaters.
2.
Specific standards. In all areas of special flood hazards where base
flood elevation data have been provided as set forth in Subsection
C.2, Basis for establishing the areas of special flood hazard, or
in Subsection D.3.b, Use of other base flood data, the following standards
are required:
a.
Residential construction.
(1)
New construction and substantial improvement of any residential
structure located in an A or AE Zone shall have the lowest floor,
including basement together with the attendant utilities (including
all electrical, heating, ventilating, air-conditioning and other service
equipment) and sanitary facilities, elevated at or above the base
flood elevation plus one foot or as required by ASCE/SEI 24-14, Table
2-1, whichever is more restrictive;
(2)
Require within any AO or AH Zone on the municipality's DFIRM
that all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified);
and require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
b.
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall have the lowest floor, including basement together with
the attendant utilities and sanitary facilities as well as all electrical,
heating, ventilating, air-conditioning and other service equipment,
either:
(1)
Elevated to or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(2)
Require within any AO or AH Zone on the municipality's DFIRM
to elevate above the depth number specified in feet plus one foot,
above the highest adjacent grade (at least three feet if no depth
number is specified); and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
or
(3)
Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more,
the structure is watertight with walls substantially impermeable to
the passage of water;
(4)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(5)
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in Subsection D.3.c(2)(b).
c.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with Subsection
E.1.a(2).
(2)
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure
to flood damage;
(d)
Be elevated on a permanent foundation such that
the top of the lowest floor is at or above the base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive; and
(e)
The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist floatation,
collapse, and lateral movement.
3.
Floodways. Located within areas of special flood hazard established
in Subsection C.2 are areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles, and erosion potential,
the following provisions apply:
a.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development, unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b.
If Subsection E.3.a is satisfied, all new construction and substantial improvements must comply with Subsection E, Provisions for flood hazard reduction.
c.
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
F.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the section, which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
[Ord. No. 1992-1 § 2; Ord. No. 1996-4 § 12; Ord. No. 1997-16 § 56; Ord. No. 1997-23 § 2; Ord. No. 2001-22; Ord.
No. 2006-12 Art. I; Ord. No. 2007-17]
A.
Height Limits.
1.
No height limitation in this ordinance shall apply to any of 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, water towers, fire observation
towers, electric transmission lines and supporting structures, flagpoles
or aerials, and similar structures 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,
except in the case of amateur radio antenna support structures which
may be located on a lot in accordance with § 531 of this
ordinance.
2.
In the Pinelands Area, no height limitation in this ordinance shall
apply to the antenna and any supporting structure of a local communication
facility of greater than 35 feet, provided that the standards set
forth in N.J.A.C. 7:50-5.4(c) are met.
B.
Public Election Voting Places. The provisions of this ordinance 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.
C.
Public Utility Lines. Public utility lines for the transportation
and distribution and control of water, electricity, gas, oil, steam,
telegraph and telephone communications, and their supporting members,
other than buildings or structures, shall not be required to be located
on a lot, nor shall this ordinance be interpreted as to prohibit the
use of a property in any zoning district for the above uses.
D.
The annual sale of Christmas trees, wreaths and blankets is permitted
in the AR Agricultural Retention District on existing farms, in the
APA Agricultural Production Area District as an "agricultural commercial
establishment" in accordance with the Pinelands Comprehensive Management
Plan and § 417.A.10 of the ordinance and in the CC Community
Commercial, the HC-1 and HC-2 Highway Commercial Districts between
December 1 and December 25, inclusive, provided that all trees shall
be removed and the premises cleared and restored to its prior condition
no later than January 1. Adequate off-street parking shall be provided
at a ratio of one space per 400 square feet of space devoted to the
display and sale of Christmas trees. The hours of operation shall
be limited to 9:00 a.m. to 9:00 p.m. Only one nonilluminated sign
shall be permitted on the site where the sale of the trees is being
conducted. The sign shall be no larger than 12 square feet in area
and shall be set back at least 10 feet from all property lines. All
other applicable requirements of the Land Development Ordinance shall
apply.
E.
Ramps for Disabled Access.
1.
Ramps or other structures or equipment needed to permit a disabled
person to more easily gain access to a residence other than a multifamily
structure are exempt from required setback distances, provided that
the improvement is no closer than three feet to a side or rear property
line or five feet from a front property line, i.e., street line. The
design of the structure must be reviewed by the Construction Official
for compliance with the Uniform Construction Code and to confirm that
it is designed in a manner to minimize the intrusion into the required
yard. Zoning review and construction permits are required; however,
all applications are to be handled in an expedited manner.
[Amended 3-10-2009 by Ord. No. 2009-4]
2.
The designation of the building in an Historical District shall not
prevent the installation of ramps for disabled access, although the
owner should use best efforts to preserve the historical appearance
of the structure. No approval before the Historic Advisory Board is
necessary for this exception.
a.
By way of example, and not by way of limitation, the following factors
should be considered when installing ramps on buildings with historic
attributes:
(1)
The ideal approach on most historic properties is to place access
ramps or other structures in the rear of the building.
(2)
Any new ramps or other structures should be designed to be as
simple and unobtrusive as possible.
(3)
Landscaping, the careful choice of building materials, and compatible
color choices are all suggested ways of lessening the visual impact
of handicapped access structures.
(4)
In lieu of a ramp, applicants should consider the use of mechanical
lifts or other devices, where feasible, as a less-intrusive alternative.
(5)
If site conditions preclude an access ramp in a side or rear
location, then approval of a ramp on the front elevation of an existing
structure will be considered. However, in such cases, the design of
the ramp must be sensitive to the character and massing of the existing
structure.
3.
Despite construction methods, ramps installed under this exception
shall be considered temporary improvements and shall be removed within
six months from the termination of the need for the feature. If the
improvement is not removed, the property owner shall apply to the
Zoning Board to amend the site plan to achieve a variance for continued
use. In any modification affecting a building in the Historic District,
approval by the Historic Advisory Board shall be mandatory before
the ramp is given permanency status.
4.
Said ADA improvements granted and constructed shall not count towards
the lot coverage calculation.
[Ord. No. 1992-1 § 2]
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 origination 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
by sale or otherwise, except to an organization conceived and established
to own and maintain the open space or property for the benefit of
such 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 the Township of Medford.
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 the 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 Zoning Officer
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.
[Ord. No. 1992-1 § 2]
A.
As stipulated in § 105 of this ordinance, all uses not
expressly permitted in this ordinance are prohibited.
B.
While not intended to be an all-inclusive list, in order to avoid
any questions as to the intent of this ordinance, the following uses
are expressly prohibited in all zoning districts and upon all lands
throughout Medford Township:
2.
Adult Activities.
a.
Definitions.
(1)
For purposes of this ordinance Section, "adult activities" shall
include, but not be limited to, uses commonly referred to as "adult
bookstores," "adult movies," "adult live entertainment," and "massage
parlors."
(2)
SPECIFIED ANATOMICAL AREAS
SPECIFIC SEXUAL ACTIVITIES
For purposes of Subsection 606.B.2.b hereinbelow, the following
phrases shall have the following definitions:
Less than completely and opaquely covered human genitals,
pubic region, buttock and/or female breast below a point immediately
above the top of the areola; and human male genitals in a discernibly
turgid state, even if completely or opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
or acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, the pubic region, buttock(s)
or female breast(s).
b.
Adult Activities Enumerated.
(1)
Adult Bookstores. No person, firm, corporation or other entity
shall establish a bookstore, newsstand or book department in which
a substantial or significant portion of its stock-in-trade is in books,
magazines and/or other written and/or pictorial matter which is distinguished
or characterized by emphasis on matter depicting, describing or related
to specified anatomical areas or specified sexual activities, as defined
herein.
(2)
Adult Movies. No person, firm, corporation or other entity shall
offer for viewing through coin operated motion picture devices any
movie or other form of display, or offer at a charge or fee any movie
or other form of display, which has substantial or significant displays
of specified anatomical areas or specified sexual activities, as defined
herein.
(3)
Adult Live Entertainment. No person, firm, corporation or other
entity shall use, feature, permit or offer for view dancers, strippers,
nude or semi-nude entertainers or other persons engaging in, showing
or exhibiting specified anatomical areas or specified sexual activities,
as defined herein.
(4)
Massage Parlors. No person, firm, corporation or other entity
shall use, feature or permit massages or the rubbing down of persons
of one sex by persons of the other sex where the massage includes
specified anatomical areas or specified sexual activities, as defined
herein; provided, however, that nothing herein shall be deemed to
prohibit the use or giving of massages in a single location, business
or building where the use or business of the massage is an accessory
use to a primary use permitted by this ordinance.
(5)
Adult Activities Generally. Any use not defined in Subsections
606.B.2.b(1) through 606.B.2.b(4) hereinabove that demonstrates, uses,
exhibits or otherwise involves specified anatomical areas or specified
sexual activities, as defined herein, is expressly prohibited.
3.
Junkyards. 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,
is specifically prohibited.
4.
Used Car Lots. For purposes of this ordinance Section, "used car
lots" shall mean the operating or causing to be operated of any business
for the selling, exchanging, leasing, renting or otherwise disposing
or using of used or secondhand motor vehicles; provided, however,
that this Subsection shall not be deemed or interpreted to prohibit
the sale of used motor vehicles as an accessory use incident to and
consistent with the sales, rental or exchange of new motor vehicles
in zoning districts in Medford Township where new motor vehicles are
sold, exchanged, leased or rented as a permitted, primary use. Moreover,
nothing herein shall be interpreted to prohibit the sale or exchange
of a used or secondhand motor vehicle in a residential zone by any
individual living in that residential zone and to whom the used or
secondhand motor vehicle is titled; provided that only one vehicle
may be sold from the property at any one time.
5.
Towing Stations. For purposes of this ordinance Section, "towing
stations" shall mean the operating or causing to be operated of any
business of towing or removing wrecked or disabled motor vehicles
from any location in Medford Township; provided, however, that this
Subsection shall not be interpreted or construed to prohibit the operation
of a towing station, as herein defined, as an accessory use to a service
station, where the primary business of said service station is the
dispensing or sales of vehicular fuels and where such service station
is a permitted use.
6.
Amusement Parks, Kiddie Lands and Rides. For purposes of this ordinance
Section, "amusement parks, kiddie lands and rides" shall mean the
operating or causing to be operated of any business, whether in the
open or under cover, maintained for the amusement and entertainment
of children, wherein any admission is charged and rides or other amusement
devices are offered for use of children, and these provisions shall
be deemed to prohibit any circus, sideshow and concession operating
in conjunction with a circus; provided, however, that these provisions
shall not be deemed to prohibit temporary fund raising events sponsored
by a non-profit organization, as such temporary fund raising events
may be specifically approved by the Township Council.
7.
Heavy Industrial-Type Uses. All heavy industrial-type uses including,
but not limited to, the following are prohibited:
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Abattoir
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Acid manufacture
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Ammonia, bleaching or chlorine manufacturing
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Arsenal
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Asphalt manufacturing or refining
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Candle manufacturing
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Celluloid manufacturing
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Coke oven
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Creosote treatment or manufacture
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Disinfectants manufacturing
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Distillation of bone, coal or wood
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Dyestuff manufacturing
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Emery cloth and sandpaper manufacturing
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Explosive manufacturing or storage
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Extermination and insect poison manufacturing
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Fat rendering
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Fertilizer manufacturing
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Fish smoking or curing
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Gas manufacturing
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Glue, size or gelatin manufacture
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Junkyard or automobile wrecking yard
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Lampblack manufacture
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Match manufacture
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Oilcloth or linoleum manufacture
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Oiled or rubber goods manufacture
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Ore reduction
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Paint, oil, shellac, turpentine or varnish manufacture
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Petroleum refining or storage
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Plating works
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Potash works
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Printing-ink manufacture
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Pyroxyline manufacture
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Rubber manufacture
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Saltworks
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Sauerkraut manufacture
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Shoeblacking manufacture
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Smelter
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Soap manufacture
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Stockyard
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Tallow, grease or lard manufacturing or refining
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Tanning, curing or storage of leather, rawhides or skins
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Tar distillation and manufacture
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Those uses which may be noxious or offensive by reason of the
emission of odor, gas, smoke or noise
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Vinegar manufacture
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Wool pulling or scouring
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Yeast plant
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8.
Trailers. Trailers and other stationary structures of a similar nature
for storage, warehouse space, sales area or other use for commercial
purposes are prohibited, except where expressly permitted elsewhere
in this ordinance.
[Ord. No. 1992-1 § 2; Ord. No. 1997-16 §§ 57 —
61; Ord. No. 2001-15 §§ 3,
4; Ord. No. 2004-26 § 7; Ord. No. 2007-33 §§ 5, 6]
A.
Purpose. Land within certain zoning districts within Medford Township
may be developed at increased densities than otherwise permitted based
upon the Pinelands Development program established herein and in the
Pinelands Comprehensive Management Plan (CMP).
B.
Description of Development Credit. Except for land which is owned
by a public agency on January 14, 1981, land which is thereafter purchased
by the State for conservation purposes, or land which is subject to
an easement limiting the use of land to nonresidential uses, or land
otherwise excluded from entitlement in Subsection 607.C hereinbelow,
every parcel of land in the PD, APA or SAPA Districts shall have a
use right known as "Pinelands Development Credits" (PDCs) that may
be used in association with residential development for lands located
in the GMS, GD, HM, RHO, VRD, RGD-1, or HVR Districts. Pinelands Development
Credits may also be allocated to certain properties in the Township
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
C.
Ratios and Units Per Credit.
1.
Pinelands Development Credits (PDCs) are hereby established at the
following ratios:
a.
In the Pinelands Preservation Area:
(1)
Uplands which are undisturbed but currently or previously approved
for "Resource Extraction" pursuant to this ordinance: two PDC per
39 acres.
(2)
Uplands which are mined as a result of a "Resource Extraction"
permit approved pursuant to this ordinance: 0 PDC per 39 acres.
(3)
Other uplands: 1 PDC per 39 acres.
(4)
Wetlands: 0.2 PDC per 39 acres.
b.
In the Agricultural Production Area and the Special Agricultural
Production Area:
(1)
Uplands which are undisturbed but approved for "Resource Extraction"
pursuant to this ordinance: 2 PDC per 39 acres.
(2)
Uplands which are mined as a result of a "Resource Extraction"
permit approved pursuant to this ordinance: 0 PDC per 39 acres.
(3)
Other uplands and areas of active berry agricultural bogs and
fields: 2 PDC per 39 acres.
(4)
Wetlands in active field agricultural use currently and as of
February 7, 1979: 2 PDC per 39 acres.
(5)
Other wetlands: 2/10 PDC per 39 acres.
2.
The allocations established in C.1.a and C.1.b hereinabove shall
be reduced as follows:
a.
Any property of 10 acres or less which is developed for a commercial,
industrial, resource extraction, intensive recreation, institutional,
campground or landfill use shall not receive Pinelands Development
Credit entitlement. For such an improved property of more than 10
acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands Development Credit entitlement.
b.
The Pinelands Development Credit entitlement of a parcel of land
shall be reduced by 0.25 Pinelands Development Credit for each existing
dwelling unit on the property.
c.
The Pinelands Development Credit entitlement for a parcel of land
shall be reduced by 0.25 Pinelands Development Credit for each reserved
right to build a dwelling unit on the parcel retained by the owner
of the property pursuant to Subsection 607.E.2 hereinbelow or when
a variance for cultural housing is approved by the Township pursuant
to Subsections 408.A.12, 417.A.15, or 418.A.8 of this ordinance.
d.
The Pinelands Development Credit entitlement for a parcel of land
shall also be reduced by 0.25 Pinelands Development Credits for each
dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when
a waiver of strict compliance is granted by the Pinelands Commission.
3.
The owners of parcels of land which are smaller than 39 acres shall
have fractional Pinelands Development Credits at the same ratio established
in Subsections 607.C.1.a and 607.C.1.b hereinabove.
4.
Notwithstanding the provisions of Subsections 607.C.1 and 607.C.2
hereinabove, the owner of record of 0.1 or greater acres of land in
the Pinelands Preservation Area, Agricultural Production Area or Special
Agricultural Production Area as of February 7, 1979 shall be entitled
to 0.25 Pinelands Development Credits, provided that the parcel of
land is vacant, was not in common ownership with any contiguous land
on or after February 7, 1979 and has not been sold or transferred
except to a member of the owner's immediate family. The provisions
of this section shall also apply to owners of record of less than
0.1 acres of land in the Pinelands Preservation Area, Agricultural
Production Area or Special Agricultural Production Area, as of February
7, 1979, provided that said owners acquire vacant, contiguous lands
to which Pinelands Development Credits are allocated pursuant to Subsections
607.C.1 and 607.C.2 above, which lands, when combined with the acreage
of the parcel owned prior to February 7, 1979, total at least 0.1
of an acre.
D.
Limitations.
1.
The bonus density of land for which a Pinelands Development Credit
or Credits are used shall not exceed the maximum density for the zoning
district in which the property is located, as established in § 400
of this ordinance.
2.
Pinelands Development Credits may be aggregated from different parcels
in securing a density bonus for a single parcel of land in the GMS
Growth Management South District, the GD Growth Management District,
the VRD Village Residential District, the RHO Residential Home Occupation
District, the HM Highway Management District or the HVR Historic Village
Residential District.
3.
No development involving the use of Pinelands Development Credits
shall be approved until the developer has provided the Commission
and the Township approving authority with evidence of his ownership
and redemption of the requisite Pinelands Development Credits; provided,
however, that the Township approving authority may grant general development
plan, preliminary subdivision or preliminary site plan approval conditioned
upon such evidence being presented as a prerequisite to final subdivision
or site plan approval. For such a final subdivision or site plan,
the developer shall provide evidence of Pinelands Development Credit
ownership and redemption to secure the same proportion of lots or
residential units as was approved for Pinelands Development Credit
use in the preliminary approval or, as appropriate, the general development
plan. Notification of any such development approval shall be made
to the Pinelands Commission pursuant to § 808.D.3 and to
the New Jersey Pinelands Development Credit Bank in accordance with
N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development
Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to
the memorialization of the resolution granting final subdivision or
site plan approval, or if no such approval is required, prior to the
issuance of any construction permits.
E.
Deed Restrictions.
1.
No Pinelands Development Credit may be conveyed, sold, encumbered
or transferred unless the owner of the land from which the credit
has been obtained has received a Pinelands Development Credit Certificate
from the New Jersey Pinelands Development Credit Bank pursuant to
N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity
to those uses set forth in Subsection E.4 hereinbelow by a recorded
deed restriction which is in favor of a public agency or not-for-profit
incorporated organization and specifically and expressly enforceable
by the Pinelands Commission.
2.
Notwithstanding the provision of Subsection E.1 hereinabove, an owner
of property from which Pinelands Development Credits are sold may
retain a right for residential development on that property, provided
that the recorded deed restriction expressly provides for the same
and that the total allocation of Pinelands Development Credits for
that property is reduced by 0.25 Pinelands Development Credit for
each reserved right to build a dwelling unit. Subdivision of the property
shall not be required until such time as the residential development
right is exercised.
3.
No conveyance, sale or transfer of Pinelands Development Credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands Development Credits were obtained,
the agency or organization to which the restriction is in favor, and
the Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the Pinelands
Development Credits were obtained.
4.
Such deed restriction shall specify the number of Pinelands Development
Credits sold and that the property may only be used in perpetuity
for the following uses:
[Amended 12-5-2011 by Ord. No. 2011-15]
a.
In the Preservation Area District: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; agricultural employee housing as an accessory use; low-intensity
recreational uses in which the use of motorized vehicles is not permitted
except for necessary transportation, access to water bodies is limited
to no more than 15 feet of frontage per 1,000 feet of frontage on
the water body, clearing of vegetation does not exceed 5% of the parcel
and no more than 1% of the parcel will be covered with impermeable
surfaces; and accessory uses.
[Amended 12-5-2011 by Ord. No. 2011-15; 10-16-2018 by Ord. No. 2018-21]
b.
In the Special Agricultural Production Area: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; agricultural employee
housing as an accessory use; fish and wildlife management; and accessory
uses.
[Amended 12-5-2011 by Ord. No. 2011-15; 10-16-2018 by Ord. No. 2018-21]
c.
In the Agricultural Production Area: agriculture, forestry; agricultural
employee housing as an accessory use; low-intensity recreational uses
in which the use of motorized vehicles is not permitted except for
necessary transportation, access to water bodies is limited to no
more than 15 feet of frontage per 1,000 feet of frontage on the water
body, clearing of vegetation does not exceed 5% of the parcel and
no more than 1% of the parcel will be covered with impermeable surfaces;
fish and wildlife management; agricultural sales establishments, excluding
supermarkets and restaurants and convenience stores, where the principal
goods or products available for sale were produced in the Pinelands
and the sales area does not exceed 5,000 square feet; airports and
heliports accessory to agricultural uses and which are used exclusively
for the storage, fueling, loading and operation of aircraft as part
of an ongoing agricultural operation; agricultural products processing
facilities; and accessory uses.
[Amended 12-5-2011 by Ord. No. 2011-15; 10-16-2018 by Ord. No. 2018-21]
d.
In all other zoning districts: Agriculture; forestry; and low intensity
recreational uses.
F.
Use of Pinelands Development Credits. Pinelands Development Credits
shall be used in the following manner:
1.
To permit development of parcels of land in the GMS, GD, HM, HVR,
VRD, RGD-1 and RHO Districts according to the density and lot area
requirements set forth in §§ 403.D, 410.B, 414.D, 415.D
and 416.D of this ordinance;
2.
When a variance of density or minimum lot area requirements for the
GMS, GD, HM, RGD-1, RS-1, HVR, VRD or RHO Districts is granted by
the Township, Pinelands Development Credits shall be used for all
dwelling units or lots in excess of that otherwise permitted without
the variance;
3.
When a variance or other approval for nonresidential use not otherwise
permitted in the GMS, GD, VRD or HVR Zones is granted by the Township,
Pinelands Development Credits shall be used at 50% of the maximum
rate permitted for Pinelands Development Credit use in the zone in
which the nonresidential use will be located for parcels under 10
acres in size; at 75% of the maximum rate for parcels between 10 and
20 acres in size; and at 100% of the maximum rate for parcels over
20 acres in size. This requirement shall not apply to a variance or
other approval which authorizes the expansion of or changes to existing
nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
4.
When a variance or other approval for a residential use in the HC-1,
HC-2, HM, CC, RC, RHC, PI or HVC Zones is granted by the Township,
Pinelands Development Credits shall be used for 50% of the authorized
units for parcels under 10 acres in size; for 75% of the authorized
units for parcels between 10 and 20 acres in size and for 100% of
the authorized units for parcels over 20 acres in size.
5.
When a variance for cultural housing is granted by the Township in
accordance with Subsections 408.A.12, 417.A.15 or 418.A.8 of this
ordinance; and
6.
When a waiver of strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
[Ord. No. 1992-1 § 2; Ord. No. 1993-17 § 1; Ord. No. 1994-36 §§ 7, 8,
9; Ord. No. 1995-18 § 3; Ord. No. 1997-16 § 62; Ord. No. 1997-23 § 3; Ord. No. 2005-3 § 2; Ord. No. 2005-12 § 1; Ord. No. 2007-19]
A.
Findings for Planned Developments.
1.
Prior to the approval of any planned development, the Planning Board
shall find the following facts and conclusions, as required in N.J.S.A.
C:55D-45:
a.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to the New Jersey Municipal Land Use
Law, as amended, [40:55D-65];
b.
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;
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.
B.
Type and Location.
1.
"Residential Clusters" are permitted in the GMN, GMS, GD, RGD-1,
RS-1, and AR Districts on tracts of land at least five acres in area.
[Amended 12-5-2011 by Ord. No. 2011-15]
2.
Easttown Planned Developments are permitted on tracts of land at
least 130 acres in area on that portion of the VRD District specifically
indicated on the Zoning Map.
3.
Senior Citizen Planned Developments are permitted on tracts of land
at least 100 acres in area on that portion of the AR District specifically
indicated on the Zoning Map.
C.
Residential Clusters.
1.
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, floodplains, school sites, recreation
areas and parks by permitting the reduction of lot sizes without increasing
the number of residential lots otherwise permitted and feasible to
be developed.
2.
Permitted Uses on the Land and in Buildings.
a.
Detached dwelling units.
b.
"Open Space" and "Public Purpose Uses" as defined in § 203
of this ordinance.
c.
Public Utility uses as conditional uses under N.J.S.A. 40:55D-67
(See § 602 for standards).
d.
Accessory Uses Permitted in the GMS Growth Management South District
specified in § 403.B of this ordinance.
3.
Maximum Number of Dwelling Units Permitted. The maximum number of
dwelling units permitted in a Residential Cluster is the number of
dwelling units which could be constructed on the tract if the tract
were being developed as a "conventional development" in conformance
with the zoning regulations set forth in § 400 for the zoning
district in which the tract is located and in conformance with other
related provisions of this ordinance, with no "variances" or "waivers"
required.
The applicant shall submit a schematic test subdivision for
a "conventional development" for purposes of demonstrating the number
of units which could be produced under a "conventional development,"
unless the Planning Board, upon recommendation by its staff, determines
that a more detailed submission is required.
The Planning Board staff shall evaluate the submitted test subdivision
for the "conventional development" and shall reach a consensus regarding
the total number of residential lots that could be developed on the
subject tract without utilizing the "Residential Cluster" optional
Ordinance provisions. In its evaluation of the submitted test subdivision
for the "conventional development," the staff shall not count lots
which reasonably can be concluded to be practically unusable for residential
construction because of environmental constraints and, additionally,
the staff shall not count lots which would require "variances" from
the ordinance provisions governing "conventional development."
The consensus of the Planning Board staff regarding the total
number of residential lots that could be developed on the subject
tract without utilizing the "Residential Cluster" optional Ordinance
provisions shall be reported to the Planning Board, and the Planning
Board either shall agree with the consensus of its staff or, based
upon testimony offered to the Planning Board, reach an alternate conclusion.
Once a conclusion is reached by the Planning Board as to the
total number of residential lots that could be developed on the subject
tract as a "conventional development," that total number of residential
lots shall not be exceeded in a "Residential Cluster" Development,
provided that the total number of residential lots does not exceed
the following densities for the zoning district in which the tract
is located.
|
District
|
With Individual Septic Systems
|
With Both Public Water and Public Sewers
|
|---|---|---|
|
GMN
|
0.6du/ac
|
1.25du/ac
|
|
GMS
|
1du/3.2ac
|
0.75du/ac, up to 1.75du/ac with Pinelands Development Credits
|
|
GD
|
1du/3.2ac
|
0.75du/ac, up to 1.75du/ac with Pinelands Development Credits
|
|
RGD-1
|
1du/3.2u/ac
|
0.6du/ac (public water only)
|
|
RGD-2
|
1du/3.2u/ac
|
Not Applicable
|
|
RS-1 and RS-2
|
1du/6ac
|
Not Applicable
|
|
AR
|
0.25du/ac
|
0.25du/ac
|
4.
Area and Yard Requirements for Individual Lots in a Residential Cluster
Development.
|
With Individual Septic Systems
|
With Public Water & Sewers
| |||||
|---|---|---|---|---|---|---|
|
GMN, GMS, GD, RGD-1, RGD-2 & AR Districts
|
RS-1 & RS-2 Districts
|
RGD-1[4] & AR Districts
|
GMS & GD Districts w/o PDCs
|
GMN District & GMS & GD Districts w/ PDCs
| ||
|
Minimum Lot Area
|
1 ac [1]
|
3.2 ac
|
1 ac
|
12,500 s.f.[2]
|
10,000 s.f.[2]
| |
|
Principal Building Minimum
| ||||||
|
Lot Frontage
|
125'
|
200'
|
125'
|
90'
|
85'
| |
|
Lot Width
|
125'
|
200'
|
125'
|
90'
|
85'
| |
|
Lot Depth
|
200'
|
300'
|
200'
|
100'
|
100'
| |
|
Side Yard
|
30' each
|
50' each
|
30' each
|
10' one 25' both [3]
|
10' one 25' both [3]
| |
|
Front Yard
|
50'
|
75'
|
50'
|
35'
|
35'
| |
|
Rear Yard
|
50'
|
100'
|
50'
|
30' [3]
|
30' [3]
| |
|
Accessory Building Minimum
| ||||||
|
The accessory building setbacks in each zoning district shall
apply.
| ||||||
|
Maximum Coverage
| ||||||
|
Building(s)
|
10%
|
10%
|
10%
|
20
|
20%
| |
|
Lot
|
20%
|
15%
|
20%
|
30%
|
35
| |
|
FOOTNOTES:
| |
|---|---|
|
[1]
|
An on-site alternate septic system may be required. Moreover,
in the RGD-2 District, Residential Cluster Development is permitted
on lots a minimum of one acre in size, provided that the remainder
of the parcel not assigned to individual residential lots shall be
permanently dedicated through recordation of a restriction on the
deed to the parcel as open space with no further development permitted.
Recreational amenities may be permitted on the deed restricted lands
insofar as they are consistent with the types of recreational amenities
which could have been developed as accessory uses on the residential
lots, absent clustering.
|
|
[2]
|
The specific minimum lot area shall be contiguous non-wetland,
non-wetland buffer and non-one-hundred-year floodplain acreage, and
such area must be appropriately situated for the location and construction
of the detached single-family dwelling and its appurtenances and customary
accessory uses; otherwise the minimum required lot area shall be 25,000
square feet in the GMS and GD Districts and 20,000 square feet in
the GMN District.
|
|
[3]
|
Design Elements and Decks as described below may extend into
the minimum required yard area, provided that in all cases the first
floor and second floor design elements may intrude not more than three
feet into the minimum required yard area (decks may extend further).
|
|
First Floor Design Elements: Chimneys, window elements, eaves,
entranceway elements, and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is limited to 45% of the linear distance of the
foundation wall.
| |
|
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers
and windows.
| |
|
Decks: Decks may be located in side and/or rear yard areas only,
shall be set back a minimum of 10 feet from all property lines, and
shall occupy not more than 25% of any particular side or rear yard
area within which the deck is located.
| |
|
[4]
|
With public water only.
|
7.
Recreational Facilities and Open Space Requirements.
a.
Land equal to a minimum of 30% of the tract of land proposed for
the Residential Cluster shall be specifically set aside for conservation,
open space, floodplain, recreation and/or other open space. Land utilized
for street rights-of-way, detention or retention basins shall not
be included as part of the above 30%, and no more than 1/2 of the
minimum 30% land area may be wetlands, wetlands buffer and/or one-hundred-year
floodplain lands. Moreover, within the non-wetlands, non-wetlands
buffer and non-one-hundred-year floodplain open space, at least one
contiguous area shall be large enough to have inscribed within it
a circle with a diameter of 250 feet, which diameter shall not pass
over any detention or retention basin or street right-of-way.
b.
See § 609 of this ordinance for additional standards, requirements
and guidelines.
D.
Easttown Planned Developments.
1.
Purposes. In order to encourage the sound utilization of land and
other natural resources, the efficient provision of public services,
a broader range of housing, accessible services and employment opportunities,
a compatible mix of residential, commercial and recreational land
uses which will improve traffic circulation and reduce traffic congestion
and which will promote a strong sense of neighborhood and community
pride, the Easttown Planned Development ordinance provisions are enacted
for the following purposes:
a.
To facilitate the planning, design and construction of a traditional
village community, reflecting the character of historical small towns
and villages in New Jersey;
b.
To create a mixed-use village environment which emphasizes pedestrian
circulation, attractive civic spaces, squares, greens and parks, with
a special sense of community and identity;
c.
To reduce dependence of the automobile by providing living, shopping,
employment and recreational opportunities within walking distance
in the village;
d.
To encourage a village core or central area which is a relatively
compact, mixed-use, pedestrian oriented environment;
e.
To encourage architectural themes which reflect the scale, details,
ornamentation and mix of uses characteristic of traditional villages,
especially Medford Village;
f.
To facilitate residential neighborhoods within and surrounding the
commercial village core, containing a variety of housing types typically
found in traditional villages, including single-family detached dwellings,
townhouses, apartments and residential flats above retail shops and/or
offices;
g.
To encourage the creation of a "Main Street," with broad sidewalks
and public spaces for a variety of pedestrian activities;
h.
To encourage dispersed parking spaces, the sharing of parking between
residential and nonresidential land uses, and to discourage large
parking lots;
i.
To encourage a village-wide pedestrian pathway system, linking the
major elements of the community;
j.
To utilize, where possible, stormwater management retention ponds
as attractive water features; and
k.
To provide 60 dwelling units made affordable to "low" and "moderate"
income households as required by the New Jersey Council On Affordable
Housing.
2.
Principal Permitted Uses on the Land and in Buildings. The total
gross acreage of the Easttown Planned Development which is included
in the subject application shall specifically be apportioned among
the following five principal uses (residential dwelling units; commercial
uses; a country inn; civic uses; and open space). For purposes of
density and floor area calculations only, the land area apportioned
to the open space use may be further apportioned among the other four
principal uses.
a.
Residential Dwelling Units, including single-family detached dwellings,
townhouses, and apartments (but not including the residential flats
located above retail shops, and/or offices), providing the following:
(1)
Residential dwelling units shall be developed at density not
to exceed 3.75 dwelling units per gross acre of land specifically
apportioned to the residential units, including any open space specifically
apportioned to the residential units. The requirements for Pineland
Development Credits specified in Subsection 608.D.11 hereinbelow shall
apply.
(2)
The gross acreage of the land area specifically apportioned
to the residential dwelling units, including any open space specifically
apportioned to the residential dwelling units and utilized for the
density calculations in accordance with Subsection 608.D.2.a(1) hereinabove,
shall account for not less than 65% of the total gross acreage of
the Easttown Planned Development which is included in the subject
application.
(3)
Of the total of the three types of permitted residential dwelling
units within the development (i.e., single-family detached dwellings,
townhouses and apartments), no more than 35% may be single-family
detached dwellings and no less than 40% shall be townhouses.
(4)
The net density of the residential development, excluding any
open space area apportioned to the residential units for gross density
calculations, shall not exceed six dwelling units per net acre, and
a minimum of 300 residential dwelling units (i.e., single-family detached
dwellings, townhouses and apartments) shall be provided.
b.
Commercial Uses, provided the following:
(1)
Commercial uses shall be limited to those listed hereinbelow:
(a)
Retail sales of goods and services, including shops
of artisans, provided that no more than 25% of the gross floor area
of the shop is used for the crafting of the goods to be sold.
(b)
Offices.
(c)
Banks, including drive-through facilities.
(d)
Restaurants (excluding drive-through facilities)
and taverns.
(e)
Child-oriented "partyland" uses.
(f)
Lodging rooms associated with a restaurant, provided
that each room contains a minimum net floor area of 300 square feet
and two rooms (a bedroom and a separate bathroom), that no more than
25 such lodging rooms are associated with any given restaurant; that
no more than a total of 50 such lodging rooms are contained within
the total development, and that all windows of the lodging rooms be
accessible for fire-fighting purposes.
(g)
Child Care Centers as Conditional Uses under N.J.S.A.
40:55D-67 (see § 602 for standards).
(h)
Shopping Centers comprised of the above uses.
(i)
Service Stations and Repair Garages in accordance
with the standards of § 525.
(2)
The gross acreage of the land area specifically apportioned
to the commercial uses, including any open space specifically apportioned
to the commercial uses and utilized for the floor area calculations,
shall account for between 25% and 30% of the total acreage of the
total gross acreage of the Easttown Planned Development which is included
in the subject application.
(3)
Commercial uses shall be developed at a maximum floor area ratio
of 0.25 of the gross acreage of the land area specifically apportioned
to the commercial uses pursuant to Subsection 608.D.2.b(2) hereinabove
(said floor area ratio to be exclusive of hallways and passageways
by which the rear portion of commercial space are connected provided
that said hallways and passageways shall be included within the net
habitable floor area for purposes of calculating the required number
of parking spaces). The net floor area ratio of the commercial development,
excluding any open space area apportioned to the commercial uses,
shall not exceed a floor area of 0.30.
(4)
An additional 0.02 floor area ratio of the gross acreage of
the land area specifically apportioned to the commercial uses pursuant
to Subsection 608.D.2.b(2) hereinabove shall be developed for "residential
flats" within the 1 1/2 stories above permitted commercial uses
in accordance with Subsection 608.D.2.b(5) hereinbelow. Moreover,
a further additional 0.02 floor area ratio of said gross acreage may
be developed for the "residential flats" provided that, in any case,
no more than a total additional 0.04 floor area ratio of said gross
acreage is developed for "residential flats."
(5)
Residential flats, provided the following:
(a)
Residential flats shall be located within the 1 1/2
stories above permitted commercial uses located on the first floor,
except that no residential flat or portion thereof shall be situated
above a restaurant, theater, dry cleaning establishment, or any use
which utilizes either a condenser or compressor within its net habitable
floor area.
(b)
Residential flats shall occupy an aggregate area
equal to at least 15% of the aggregate first floor gross floor area
of all commercial buildings, provided that the 0.04 floor area ratio
stipulated in Subsection 608.D.2.b(3) hereinabove is not exceeded,
and that a minimum of 20 residential flats and a maximum of 80 residential
flats shall be provided. The requirements for Pineland Development
Credits specified in Subsection 608.D.11 hereinbelow shall apply.
(c)
If the second floor of a building contains a residential
flat, no directly contiguous nonresidential use shall be permitted
on that floor.
(d)
Each residential flat shall have access provided
via outside entrance or stairway, which may connect to a common hallway
providing direct access to individual residential flats.
(e)
Each residential flat shall contain either 1- or
2-bedrooms. No more than 60% of the residential flats shall be one
bedroom units. The minimum net habitable floor area of a 1-bedroom
shall be 600 square feet and the minimum net habitable floor area
of a two bedroom unit shall be 800 square feet.
c.
A Country Inn, provided the following:
(1)
The density of the Country Inn shall be a maximum 10 units per
acre, including any open space specifically apportioned to the Country
Inn, provided, however, that the total number of hotel units comprising
the Country Inn shall not exceed 45 units.
(2)
Conference facilities, including administrative, meeting rooms,
and sitting and eating areas may be provided.
(3)
A swimming pool and other appropriate recreational facilities
may be provided.
(4)
The gross acreage of the land area specifically apportioned
to the Country Inn, including any open space specifically apportioned
to the Country Inn and utilized for density calculations, shall account
for between 2% and 4% of the total gross acreage of the Easttown Development
which is included in the subject application.
(5)
The net density of the Country Inn units, excluding any open
space area apportioned to the Country Inn for density calculations,
shall not exceed 16 units per net acre.
d.
Civic Uses, provided the following:
(1)
Civic Uses may include the following and other similar uses
as may be specifically approved by the Planning Board:
(a)
Places of Worship, including ancillary uses customarily
associated with places of worship.
(b)
Community Centers used for residential, social,
educational, recreational and cultural activities.
(c)
Places of Public Assembly designed to accommodate
between 100 and 300 people in assembly, to be made available for use
by civic organizations within Medford Township.
(d)
Cultural Facilities such as museums, art galleries
and playhouses for the fine arts.
(e)
Charitable Uses by a nonprofit or eleemosynary
organization that provides a service beneficial to the general public
or to a significant portion of the public.
(f)
Private Clubs or Lodges owned and operated by a
corporation, association, or group of individuals established for
the fraternal, social, educational, recreational or cultural enrichment
of its members and not primarily for profit, and whose members meet
certain prescribed qualifications for membership and pay dues.
(2)
Between 2% and 4% of the total gross acreage of the Easttown
Planned Development which is included in the subject application shall
be specifically designated and developed for "Civic Uses."
e.
Open Space, provided the following:
(1)
Land area equal to a minimum of 20% of the total gross acreage
of the Easttown Planned Development which is included in the subject
application shall be specifically set aside for recreational and public
purpose uses, even though the lands have been apportioned to Residential
Dwelling Units, Commercial Uses, a Country Inn or Civic Uses for density
or floor area calculation purposes. Land utilized for street rights-of-way
shall not be included as part of the above 20%, and at least 1/2 of
the minimum 20% land area shall not include wetlands or floodplain
lands. However, detention or retention basins may be included as part
of the above 20%, provided that no more than 20% of the combined non-wetlands
and non-floodplain lands comprising the "Open Space" are utilized
for detention or retention basins.
The developer shall provide active recreational facilities within
the Easttown Planned Development as specifically approved by the Planning
Board.
(2)
The active recreational facilities shall be located within the
"Open Space" or within that portion of the development actually being
developed for the "Residential Dwelling Units." The facilities shall
be located to be conveniently accessible to the residents of the development.
All of the active recreational facilities within the development shall
be owned and maintained by a Homeowners' Association comprised of
the residents of the development. The initial application for development
submitted to the Township for approval shall indicate the proposed
structure of the Homeowners' Association.
(3)
The Township Planning Board shall review the submitted open
space and recreation plan in the context of the particular development
proposal, the characteristics of the subject land area, and the ability
and desirability of relating the proposed open space to adjacent and
nearby lands, particularly the existing Medford Village.
(4)
Should the proposed development consist of a number of stages,
the Planning Board may require that the acreage proportionate in size
to the stage being considered for final approval be set aside simultaneously
with the granting of final approval for that particular stage, even
though these lands may be located in a different section of the overall
development.
(5)
Open space may be deeded to the Township or dedicated to an
open space organization or trust, with incorporation and by-laws to
be approved by the Planning Board. If open space is not dedicated
to and accepted by the Township, the landowner shall provide for and
establish an open space organization or trust for the ownership and
maintenance of the open space. Such organization or trust shall not
be dissolved, nor shall it dispose of any open space by sale or otherwise
except to an organization conceived and established to own and maintain
the open space, without first offering to dedicate the same to the
Township.
(a)
If the applicant proposes that the open space shall
be dedicated to the Township, then the Planning Board shall forward
such request with its recommendation to the Township Council prior
to the granting of preliminary plan approval of any development application
containing open space.
(b)
Lands offered to the Township for open space purposes
shall be improved by the developer, including buildings, facilities,
grading, pathways, landscaping, etc., as indicated on the approval
plan and otherwise agreed to between the applicant and the Township.
(c)
All lands not offered to and/or not accepted by
the Township shall be owned and maintained by an open space organization
or trust as provided in N.J.S.A. 40:55D-3 and § 605 of this
ordinance.
3.
Accessory Uses Permitted.
a.
Recreational facilities as approved by the Planning Board as part
of a site plan application for development.
b.
Off-street parking, private garages and parking decks (see Subsection
608.D.6 hereinbelow).
c.
Fences and walls approved by the Planning Board up to six feet in
height, with such fences and walls located on lot lines as a shared
element between the lots, except that fences for specific recreational
uses, such as enclosures for tennis courts, may exceed six feet in
height if specifically approved by the Planning Board.
d.
Signs (see Subsection 608.D.8 hereinbelow).
e.
Patios, wooden decks and kiosks as specifically approved by the Planning
Board.
f.
Street furniture, planters, trash receptacles and poles with banners.
g.
Sidewalk cafes associated with a permitted restaurant as specifically
approved by the Planning Board.
h.
U.S. Post Office as specifically approved by the Planning Board.
i.
Outdoor vending as specifically approved by the Planning Board, except
that outdoor vending machines are not permitted.
j.
One temporary construction trailer and one sign not exceeding 32
square feet, advertising the prime contractor(s), subcontractor(s),
architect, financing institution and similar data for the period of
construction beginning with the issuance of a construction permit
and concluding with the issuance of the last Certificate of Occupancy
or two years, whichever is less, provided said trailer and sign are
on the site where construction is taking place, are not on any existing
or proposed street or easement, and are set back at least 30 feet
from all street and lot lines. There shall be at least one working
telephone in the trailer. One-year extensions may be granted by the
Board so long as the development remains under construction.
k.
A Sales Center where information concerning the overall development
and specific products is conveyed to prospective purchasers, contracts
and options are discussed and executed, and normal sales and marketing
of the development takes place. A Sales Center may be a dual-purpose
structure, housing both sales and marketing activities as well as
recreation and other services for residents. 70% of such a dual-purpose
structure may be devoted to sales and marketing activities, provided
that a minimum of 30% of the structure is allocated to serve recreation
and other resident-oriented programs, and further provided that the
structure is allocated completely to resident-oriented activities,
including recreation, office and meeting room use, upon completion
of the project. A Sales Center may receive a temporary Certificate
of Occupancy.
l.
Model Buildings containing dwelling units (one (1] or more) of the
type to be sold are permitted and shall be indicated on the final
site plan for review and approval by the Planning Board. A Model Building
may be freestanding or combined with a Sales Center, with the garage
portion of a Model Building used as the Sales Center, provided that
the garage must be converted to its automobile storage function prior
to the conveyances of the combined Model Building/Sales Center to
a purchaser and that any temporary accommodation, such as modified
landscaping or walkways, must be removed and restored as otherwise
approved by the Planning Board. A Model Building may receive a temporary
Certificate of Occupancy provided that all toilet facilities within
that portion of a Model Building not approved to be used as Sales
Center shall not be functional and shall be labeled "Display Only:
Do Not Use."
4.
Maximum Building Height. No building shall exceed 35 feet and 2.5
stories in height except as follows:
a.
"Commercial" buildings accounting for no more than 20% of the gross
floor area of all permitted "Commercial" uses, the principal "Country
Inn" building, and "Civic" buildings shall not exceed 40 feet and
three stories in height, provided that the minimum roof pitch of the
building is at a 5:12 ratio, that the third story exposed vertical
walls do not exceed 75% of the perimeter of the building foundation,
that both the front and rear of the building and all of the windows
of the hotel rooms are accessible for fire-fighting purposes, and
that the building is provided with elevator service.
b.
Townhouses shall not exceed 38 feet and three stories in height.
c.
The Planning Board may permit an increase to the linear height of
other buildings in order to achieve a roof pitch at an 8:12 ratio,
provided that the linear height to the second ceiling plate line does
not exceed 22 feet in height, that the total linear height to the
top of the roof does not exceed 40 feet in height, that the building
contains no more than 2.5 stories, and that both the front and rear
of the buildings are accessible for firefighting purposes.
d.
As otherwise permitted by this ordinance for the location of mechanical
equipment, provided that mechanical equipment shall be located within
a building whenever possible, rather than on top of a roof or outside
on the ground.
5.
Area and Distance Requirements.
a.
Single-Family Detached Dwellings shall meet the following requirements:
|
Single-Family Detached Dwellings
| ||
|---|---|---|
|
Principal Building Minimum
| ||
|
Lot area
|
4,500 sq. ft.
| |
|
Lot frontage
|
50'
| |
|
Lot width
|
50'
| |
|
Lot depth
|
90'
| |
|
Side yard
|
10' one; 0' other [2]
| |
|
Front yard
|
20'[3]
| |
|
Rear yard [1]
|
15'
| |
|
Accessory Building Minimum
| ||
|
Distance to side line
|
5'
| |
|
Distance to rear line
|
5'
| |
|
Maximum Lot Coverage [4]
|
60%
| |
|
Footnotes for Single-Family Detached Dwellings:
| |
|---|---|
|
[1]
|
Design Element and Decks as described below may extend into
the minimum required yard area, provided that in all cases the first
floor and second floor design elements may intrude not more than three
feet into the minimum required yard area (decks may extend further),
and provided further that the extensions will only be allowed when
privacy walls, screening or fencing are incorporated as part of the
overall design of the dwelling unit or where the subject yard area
abuts major open space areas at least 100 feet in width along the
entire length of the subject lot line.
|
|
First Floor Design Elements: Chimneys, window elements, eaves,
entranceway elements, and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is limited to 45% of the linear distance of the
foundation wall.
| |
|
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers
and windows.
| |
|
Decks: Decks may be permitted, subject to specific approval
by the Planning Board of submitted design options, provided that such
decks are located in side and/or rear yard areas only, are set back
a minimum of five feet from all property lines, and do not occupy
more than 25% of any particular side or rear yard area within which
a deck is located. Decks off the second floor of a dwelling unit may
only be permitted where the subject yard area abuts major open space
areas at least 100 feet in width along the entire length of the subject
lot line. Decks and landscaping in the vicinity thereof shall be constructed
and/or maintained at all times so as to afford reasonable pedestrian
access to rear yards.
| |
|
[2]
|
Provided that dwellings on adjacent lots shall be separated
by a distance of at least 14 feet, such distance measured between
foundation walls, but excluding any design element or deck extensions
in accordance with Footnote number [1] hereinabove.
|
|
[3]
|
Provided that the front yard setback may be reduced to a minimum
of 10 feet when a low front brick wall or wood picket or ornamental
wrought iron fence, or a combination thereof, is provided along the
frontage of the lot in order to create a privacy area, and where similar
front yard treatments are provided to a sufficient number of other
Single-Family Detached Dwelling lots in order to create a minimum
contiguous street frontage of 200 feet with such front yard treatments.
|
|
[4]
|
Includes the square footage coverage of the lot by all buildings
and other impervious surfaces. In order to reasonably assure that
a sufficient area of a lot remains available to a property owner for
potential building expansion and the construction of accessory structures
on the lot, a typical plan for the required "minimum" lot size shall
be provided to the Planning Board indicating the extent of impervious
surface coverage to be constructed on the lots prior to initial sale
to a homeowner. Any restrictions to be incorporated in the deeds of
the lots and within the by-laws of any homeowners' association regarding
building expansion or the construction of additional accessory structures
also should be indicated.
|
b.
Townhouses and Apartments shall meet the following requirements:
(1)
Minimum distances between townhouse buildings and between apartment
buildings shall be measured horizontally in feet and shall be measured
away from the front, side and rear of each building. The total minimum
separation between the buildings shall be the sum of the two abutting
distances. The minimum distances shall be 15 feet for the front of
a building; 10 feet for the side of a building; and 15 feet for the
rear of a building. No portion of any building shall be closer to
any portion of any other building than the combined distances of the
abutting requirements for each building, providing that the corner
of a building off-set more than 20° angle from a line drawn parallel
to another building shall be considered a side of the building. In
addition, no apartment of townhouse building shall be located closer
than 175 feet from the existing cartway of N.J. Route 70, 60 feet
from the existing right-of-way line of Eayrestown Road, 40 feet from
the existing right-of-way line of Chairville Road, 15 feet from the
right-of-way line of any other street, 10 feet from any parking area,
or five feet from the right-of-way line of any alley street.
(2)
Fee simple townhouse lots encompassing individual townhouse
dwelling units may be freely disposed and arranged on the tract of
land, provided they are superimposed upon an approved site plan for
the subject development. Additionally, the following provisions shall
be met:
(a)
The boundaries of any lot shall not infringe upon
any common open space land areas, nor shall the boundaries of any
lot be closer than five feet from the edge of pavement of any parking
lot area.
(b)
No lot shall be located closer than 25 feet from
any tract property line or the right-of-way line of N.J. Route 70,
Eavrestown Road or Chairville Road.
(c)
No construction permit shall be issued for any
townhouse dwelling unit unless the proposed construction is in accordance
with the approved site plan; and this condition shall be recited in
the deed of the subdivided lot.
c.
Commercial Uses:
(1)
Minimum distances between commercial buildings shall be measured
horizontally in feet and shall be measured away from the front, side
and rear of each building. The total minimum separation between the
buildings shall be the sum of the two abutting distances. The minimum
distances shall be 15 feet for the front of a building; 10 feet for
the side of a building; and 15 feet for the rear of a building. No
portion of any building shall be closer to any portion of any other
building than the combined distances of the abutting requirements
for each building. In addition, no building shall be located closer
then 15 feet from the right-of-way line of any street, or 10 feet
from any parking area, or five feet from the right-of-way line of
any alley street.
(2)
No individual commercial building shall exceed 20,000 square
feet of gross floor area (excluding the floor area devoted to the
permitted residential flats, if any), except that one individual commercial
building may be as large as 80,000 square feet of gross floor area
(again excluding the floor area devoted to the permitted residential
flats, if any), and except further that one or two additional individual
commercial buildings each may be as large as 40,000 square feet of
gross floor area; provided that the specific architecture of the proposed
building(s) and the character and scale of the overall development
are in accordance with the "Purposes" enumerated in Subsection 608.C.1
of this ordinance hereinabove. Moreover, the Planning Board shall
have the power to grant such exceptions to these commercial building
size restrictions as may be reasonable and for good cause shown by
the applicant.
(3)
No building containing a commercial use shall exceed 380 feet
along its longest length, and the facade shall be differentiated at
least every 100 feet through the use of architectural elements such
as gables, other pitched roof elements, dormer windows, pilasters,
arcades, colonnades, clock towers, cupolas, variation in the treatment
of windows and doorways, and the harmonious use of different but visually
compatible exterior facade materials, colors, textures and architectural
ornamentation, Moreover, the Planning Board may permit individual
buildings to be interconnected internally, provided that the individual
architectural character and scale of each building is maintained,
that both the front and rear of each building is accessible for fire-fighting
purposes, and that the maximum length of interconnected buildings
does not exceed 500 feet in any case.
(4)
At least 50% of the total commercial gross floor area at full
development shall contain individual uses occupying between 750 square
feet and 5,000 square feet of net habitable floor area each.
(5)
Maximum lot coverage within each specific land area physically
developed with the permitted commercial uses (excluding any "open
space" lands apportioned to the commercial uses for floor area calculation
purposes) shall be 80%; all such specific land areas must be clearly
delineated on a map submitted to the Township Planning Board as part
of any application for development.
d.
Country Inn:
(1)
Minimum distances between buildings shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building. The total minimum separation between the buildings
shall be the sum of the two abutting distances. The minimum distances
shall be 15 feet for the front of a building; 10 feet for the side
of a building; and 15 feet for the rear of a building. No portion
of any building shall be closer to any portion of any other building
than the combined distances of the abutting requirements for each
building. In addition, no building shall be located closer than 15
feet from the right-of-way line of any street, 10 feet from any parking
area, or five feet from the right-of-way line of any alley street.
(2)
Each Country Inn unit shall be a minimum 250 square feet in
area.
(3)
Maximum lot coverage within each specific land area physically
developed with the permitted Country Inn use (excluding any "open
space" lands apportioned to the Country Inn use for density calculation
purposes) shall be 80%; all such specific land areas must be clearly
delineated on a map submitted to the Township Planning Board as part
of any application for development.
6.
Minimum Off-Street Parking.
a.
Residential Dwelling Units (other than residential flats) shall be
provided two parking spaces per unit. Each one car garage or carport
space and the driveway leading to the garage or carport space shall,
together be considered 1.0 parking space.
b.
Commercial Uses shall provide parking at the following ratios:
(1)
Retail sales of goods and services and offices shall be provided
one space per 250 square feet of net habitable floor area.
(2)
Banks shall be provided one space per two hundred square foot
of net habitable floor area. Additionally, drive-in banks shall provide
room for at least eight automobiles per drive-in window and/or land
for queuing purposes.
(3)
Restaurants shall be provided one parking space for every three
seats.
(4)
Lodging rooms shall be provided 1.25 parking spaces per room.
c.
Residential Flats shall be provided 1.5 spaces per unit.
d.
Country Inns shall be provided 1.25 parking spaces per room.
e.
In any event, each use shall provide a sufficient number of spaces,
and such spaces shall be appropriately located so as not to interfere
with emergency vehicle access. Moreover, the Planning Board may permit
the double counting of particular parking spaces which are to be used
during the day for nonresidential uses and in the evening for residential
uses. Additionally, parking areas for individual uses shall be designed
to be interconnected with adjacent properties and shall utilize common
entrance(s) and exit(s), where feasible, to minimize access points
to the street(s). Finally, non-metered parallel or angled parking
spaces out of, but adjacent to, the paved cartway of a street may
be approved by the Planning Board as "off-street" parking spaces.
7.
Minimum Off-Street Loading. All nonresidential buildings shall be
provided adequate space in appropriate locations for off-street loading
and unloading, with adequate ingress and egress and with adequate
space for maneuvering. Loading and unloading activities ordinarily
shall occur at the side or rear of a building, and loading and unloading
from a street is discouraged and must be specifically approved by
the Planning Board. Each designated loading space shall be in accordance
with the provisions specified in § 520 of this ordinance.
The method and location of loading and unloading for each commercial
and hotel/country inn building shall be specifically addressed as
part of the application for development submitted to the Planning
Board for approval.
8.
Permitted Signs.
a.
Residential buildings and concentrated areas of residential development
within the Easttown Planned Development shall be permitted signs as
specifically approved by the Planning Board.
b.
Commercial buildings each may have one sign not exceeding 5% of the
front facade of the buildings or 15 square feet, whichever is smaller.
Any free-standing sign shall not exceed 10 feet in height and shall
be set back at least 20 feet from all street and property lines.
Additionally, where a principal use occupying at least 750 square
feet of segregated area within a building has direct access from the
outside, a sign not exceeding eight square feet in area identifying
the name of the activity also shall be permitted. Such additional
sign(s) shall be attached flat against the building at the entrance
to the activity.
c.
Country Inn buildings each may have one sign, whether attached or
free standing, not exceeding 25 square feet in area. If free standing,
the sign shall not exceed 10 feet in height and shall be set back
at least 20 feet from all property lines.
d.
The Easttown Planned Development shall be permitted two signs along
N.J. Route 70 and one sign each along Eayrestown and Chairville Roads.
Such signs shall not exceed 15 feet in height and shall not exceed
an area of 50 square feet. Any sign along Eayrestown or Chairville
Roads shall be set back from the street rights-of-way and any access
driveways at least 30 feet and shall be set back a minimum of 50 feet
from any other property line.
e.
In general, and excepting the larger free-standing signs permitted
along N.J. Route 70 and Eayrestown and Chairville Roads, the signs
throughout the Easttown Planned Development shall reflect the style
of smaller facade and hanging signs found in traditional villages.
Lettering on the glass fronts of shops is encouraged and free-standing
signs are discouraged.
f.
All signs in the development shall conform to the architectural character
of the development. The applicant shall prepare and submit a signage
plan to the Planning Board for review and approval as part of the
final site plan submission showing the size, configuration, location,
lighting, color, letter style, landscaping and all other details depicting
the proposed signs.
9.
"Mt. Laurel" Housing Requirements. The developer of the Easttown
Planned Development shall be responsible for his or her share of "low"
and "moderate" income housing as discussed and defined in the "Mt.
Laurel II Supreme Court Decision (So. Burlington Cty. N.A.A.C.P. v.
Mt. Laurel Tp.. N.J 158 (1983).
Specifically, 60 units of the total number of residential dwellings
(including the "Residential Flats") within an Easttown Planned Development
shall be subsidized or otherwise made affordable to "low" and "moderate"
income households as required by the New Jersey Council On Affordable
Housing.
10.
General Requirements.
a.
The Easttown Planned Development shall be conceived, designed,
subdivided, site planned and approved by the Planning Board as a single
entity. All uses shall be developed in a planned and orderly sequence
as approved by the Board, with the residential uses generally developed
prior to the commercial uses.
b.
Wherever practical, the Easttown Planned Development shall be
developed with a common architectural theme which shall be subject
to site plan approval by the Planning Board; the architectural theme
shall include buildings, signing, fencing, lighting, paving, curbing,
and landscaping.
c.
Each building within the Easttown Planned Development shall
have a gable, hip or gambrel roof with soffit(s) and facia(s) included
as part of the building design; no flat or shed (lean-to) roofs within
the public view shall be permitted.
d.
All portions of the Easttown Planned Development shall be linked
via a continuous pedestrian pathway network consisting of sidewalks
and off street walkways as approved by the Planning Board; the Easttown
Planned Development shall be pedestrian oriented; with a design that
enables and encourages the greatest amount of pedestrian circulation
and the least amount of vehicular circulation within the development.
Sidewalks with decorative paving of granite or Belgian block
and/or accents of such decorated paving are encouraged throughout
the development, and all major pedestrian crosswalks at street intersections
shall be constructed of such decorative paving or at least marked
with two parallel strips of such decorative paving.
e.
Except within sight traffic easements, all road frontage of
the Easttown Planned Development along Eayrestown Road and Chairville
Road shall be landscaped with a combination of evergreen and deciduous
plantings atop a series of kidney-shaped berms.
f.
All roadways, driveways, parking areas, aisles and vehicular
accessways shall be curbed with either Belgian block or granite.
g.
All developed portions of the Easttown Planned Development shall
be provided with appropriate active and passive recreational facilities
in appropriate locations.
h.
Street requirements specific to a "Easttown Planned Development"
shall be as follows, in addition to and in certain instances different
from the general requirements for streets specified in § 528
of this ordinance. For purposes of street width requirements, streets
within an Easttown Planned Development not otherwise specified in
the Traffic Circulation Plan Element of the Township Master Plan shall
ordinarily be considered "Local" streets, except for the major streets
within the development expected to carry relatively significant volumes
of traffic which shall be considered "Collector" streets, and except
further for "Alley" streets; all in accordance with the following:
|
R-O-W Width
|
Traffic Lanes No. Width
|
Shoulder Width Within Gutters
|
Width Outside Gutters On Each Side
|
Width Between Gutters
| |
|---|---|---|---|---|---|
|
Collector
|
66'
|
2 @ 13'
|
10'
|
10'
|
46'
|
|
Local
|
50'[1]
|
2 @ 15'
|
—
|
10'
|
30'[2]
|
|
Alley [3]
|
20'[4]
|
2 @ 9'
|
—
|
—
|
18'[5]
|
|
Footnotes for Street Requirements:
| ||
|---|---|---|
|
[1]
|
For "Local" streets within an Easttown Planned Development which
are determined by the Planning Board not to provide for through traffic
movement through the development, the right-of-way shall be considered
coterminous with the required cartway (width between gutters), provided
an easement of 10 feet in width is provided either on both sides of
the cartway or in other appropriate locations as may be specifically
approved by the Planning Board for the placement of curbs, sidewalks,
utilities, drainage and landscaping.
| |
|
[2]
|
Except in specific instances with an Easttown Planned Development
where it may be appropriate to reduce the pavement width to 26 feet
for two-way traffic and 21 feet for one-way traffic; all as may be
approved by the Planning Board based upon adequate information that
the eventual street network in the area will not necessitate a wider
cartway.
| |
|
[a]
|
Where the pavement width is 30 feet, parking is permitted on
both sides of the street. Where the pavement width is 28 feet for
two-way traffic flow, parking is permitted only on one side. Where
the pavement width is between 26 feet and 28 feet for two-way traffic
flow, no parking is permitted on the street.
| |
|
[b]
|
Where the pavement width is between 21 feet and 26 feet for
one-way traffic flow, parking is permitted only on one side of the
street.
| |
|
[c]
|
Additionally, mountable Belgian block curbing may be required
on one or both sides of the street as determined appropriate by the
Planning Board, considering both the necessity of emergency vehicular
access and the practical ability to provide a transition between vertical
and mountable curbing.
| |
|
[3]
|
Permitted only within an Easttown Planned Development. No parking
is permitted on an alley. Alleys must be designed to accommodate emergency
vehicular access.
| |
|
[4]
|
For alleys, the right-of-way shall be considered coterminous
with the required cartway (width between gutters).
| |
|
[5]
|
Where traffic is restricted to one-way, the width between gutters
may be reduced to 15 feet.
| |
11.
Requirements For Pineland Development Credits. If the total number
of dwelling units (single-family detached, townhouses, apartments
and residential flats) within the Easttown Planned Development exceeds
352 dwelling units, 1/4 Pineland Development Credit shall be required
for each dwelling unit in excess of the 352 number.
E.
Senior Citizen Planned Developments.
1.
Purposes. The purposes of permitting the Senior Citizen Planned Development
is to provide for the controlled development of a planned mixture
of retail commercial uses and residential dwelling units served by
public water and public sewage treatment facilities, with the residential
units including single-family detached dwellings, housing units for
senior citizens, an "Assisted Care Facility" for senior citizens,
and the specific provision of a minimum 17 units made affordable to
"low" and "moderate" income "Senior Citizen" households as required
by the New Jersey Council On Affordable Housing.
2.
Principal Permitted Use on the Land and in Buildings. The total gross
acreage of the Senior Citizen Planned Development which is included
in the subject application shall specifically be apportioned among
the following three principal uses (senior citizen housing; single-family
detached dwellings; and a shopping center):
a.
Senior Citizen Housing, including apartments and/or townhouses and
an "Assisted Care Facility" for senior citizens, provided the following:
(1)
All housing for senior citizens (including apartments, townhouses
and the "Assisted Care Facility") shall be restricted for occupancy
to single persons who are 62 years of age or older, or to households
with at least one person being 62 years of age or older.
(2)
The "Assisted Care Facility" shall be a residential health care
facility licensed by the New Jersey Department of Health which contains
no more than 50 beds, and which may additionally contain dining and
other appurtenant facilities, provided such facilities are used solely
by the residents of the "Senior Citizen Housing," including those
people who only temporarily reside on the premises for a short time.
(3)
The gross acreage of the land area specifically utilized for
the "Senior Citizen Housing" shall account for not less than 1/6 of
the total gross acreage of the Senior Citizen Planned Development.
(4)
The gross density of the portion of the tract specifically utilized
for the "Senior Citizen Housing" shall not exceed 7 1/2 dwelling
units per acre, with each bed in the "Assisted Care Facility" considered
as one unit.
(5)
All provisions specified in Subsection 608.E.3 hereinbelow for
that portion of the tract utilized for the "Senior Citizen Housing"
and all other applicable provisions of this Land Development Ordinance
shall be met.
b.
Single-Family Detached Dwellings, provided the following:
(1)
The gross acreage of the land area specifically utilized for
the "Single-Family Detached Dwellings" shall account for between 50%
and 55% of the total gross acreage of the Senior Citizen Planned Development.
(2)
The gross density of the portion of the tract specifically utilized
for the "Single-Family Detached Dwellings" shall not exceed 1 1/3
dwelling units per acre, with the allowable number of dwelling units
rounded downward to the nearest whole number.
(3)
All provisions specified in Subsection 608.E.4 hereinbelow for
that portion of the tract utilized for the "Single-Family Detached
Dwellings" and all other applicable provisions of this Land Development
Ordinance shall apply.
c.
Shopping Centers, provided the following:
(1)
The gross acreage of the land area specifically utilized for
the shopping center shall not account for more than 1/3 of the total
gross acreage of the Senior Citizen Planned Development.
(2)
The portion of the tract specifically utilized for the shopping
center shall have primary vehicular access frontage along State Route
70 and shall be governed by the applicable provisions of § 410
of the Land Development Ordinance controlling development of "Shopping
Centers" in the HC-1 and HC-2 zoning districts as well as by all other
applicable provisions of this Land Development Ordinance.
3.
Provisions Applicable to the Senior Citizen Housing.
a.
The "Senior Citizen Housing" shall have direct vehicular access from
State Route 70 and shall have no direct vehicular access to either
Eayrestown Road or New Freedom Road.
b.
All buildings, structures and parking areas shall be set back at
least 50 feet from all boundary lines of the land area specifically
utilized for the "Senior Citizen Housing."
c.
The minimum distances between buildings on the subject site shall
be measured horizontally in feet and shall be measured away from the
front, side and rear of each building. The total minimum separation
between buildings shall be the sum of the two abutting distances in
accordance with the following:
(1)
The minimum distances shall be 15 feet for the front of a building,
10 feet for the side of a building, and 15 feet for the rear of a
building.
(2)
No portion of any building shall be closer to any portion of
any other building than the combined distances of the abutting requirements
for each building.
(3)
Notwithstanding any provision hereinabove to the contrary, the
corner of a building off-set more than a 20° angle from a line
drawn parallel to another building shall be considered a "side" of
the building.
d.
No building shall exceed 35 feet and 2 1/2 stories in height,
except that the single building for the "Assisted Care Facility" shall
not exceed 38 feet and three stories in height.
e.
All buildings shall have a gable, hip or gambrel roof with soffitt(s)
and facia(s) included as part of the building design; no flat or shed
(lean-to) roof shall be permitted.
f.
Accessory uses, including recreational facilities, shall include
and be permitted as specifically approved by the Planning Board as
part of the site plan application for development.
g.
A minimum of 1 1/4 parking spaces shall be provided for each
senior citizen apartment and townhouse unit and a minimum of 2/3 parking
space shall be provided for each bed in the "Assisted Care Facility."
h.
The land area specifically utilized for the "Senior Citizen Housing"
shall be permitted one free-standing sign along the access frontage
to State Route 70 in accordance with the following:
(1)
The sign shall not exceed eight feet in height and 25 square
feet in areas;
(2)
The sign shall be set back at least 30 feet from any access
driveway into the site; and
(3)
The sign shall be set back at least 50 feet from all non-street
boundary lines of the land area specifically utilized for the "Senior
Citizen Housing."
i.
The developer of the "Senior Citizen Housing" shall be responsible
for providing "low" and moderate income housing as discussed and defined
in the "Mt. Laurel II" Supreme Court Decision (So. Burlington Cty.
N.A.A.C.P. v. Mt. Laurel Tp., N.J. 158 (1983).
Specifically, at least 20% of the total number of senior citizen
apartments and/or townhouses shall be subsidized or otherwise made
affordable to "low" and "moderate" income households as required by
the New Jersey Council On Affordable Housing, provided that a minimum
of 17 such units shall be provided.
j.
The credentials of the developer to construct and manage the "Senior
Citizen Housing," including the "Assisted Care Facility," shall be
subject to review and approval by the Planning Board at the time of
final site plan review of the portion of the overall Senior Citizen
Planned Development to be utilized for the "Senior Citizen Housing."
4.
Provisions Applicable to the Single-Family Detached Dwellings.
a.
The lot area requirement for individual single-family detached dwelling
lots shall be 12,500 square feet provided the following:
(1)
The 12,500 square foot lot area shall be appropriately situated
for the location and construction of the detached single-family detached
dwelling and its appurtenances and customary accessory uses.
(2)
A one-hundred-foot buffer strip of land, appropriately bermed
and landscaped, shall be provided along both Eayrestown and New Freedom
Roads, and a minimum of 1/2 of the area devoted to the one-hundred-foot
buffer strip shall be in addition to the minimum required size of
any contiguous single-family detached dwelling lot(s).
b.
The yard and coverage requirements for individual single-family detached
dwelling unit lots shall be as follows:
|
Principal Building Minimums
| ||
|
Lot Frontage
|
90'
| |
|
Lot Width
|
90'
| |
|
Lot Depth
|
100'
| |
|
Side Yard
|
10' one; 25' both [1]
| |
|
Front Yard
|
35'
| |
|
Rear Yard
|
30' [1]
| |
|
Accessory Building Minimums
| ||
|
Distance to Side Line
|
10'
| |
|
Distance to Rear Line
|
10'
| |
|
Distance to Other Building
|
15'
| |
|
Maximums
| ||
|
Building Coverage Of Principal Building
|
20%
| |
|
Lot Coverage
|
30%
| |
|
FOOTNOTES:
| |
|---|---|
|
[1]
|
Design Elements and Decks as described below may extend into
the minimum required yard area, provided that in all cases the first
floor and second floor design elevation may intrude not more than
three feet into the minimum required yard area (decks may extend further):
|
|
First Floor Design Elements: Chimneys, window elements, eaves,
entranceway elements and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is limited to 45% of the linear distance of the
foundation wall.
| |
|
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers
and windows.
| |
|
Decks: Decks may be located in side and/or rear yard areas only,
shall be set back a minimum of 10 feet from all property lines, and
shall occupy no more than 25% of any particular side or rear yard
area within which the deck is located.
| |
c.
Permitted accessory uses for the single-family detached dwellings
and the lots thereon shall include the following:
(1)
Private Residential Swimming Pools (see § 529 for
standards) and other usual recreational facilities customarily 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
altogether not exceeding 120 square feet in gross floor area.
(3)
Off-Street Parking, Private Residential Garages and Carports
(see § 520), provided that a minimum of two off-street parking
spaces shall be provided for each single-family detached dwelling
unit.
(4)
Fences and Walls (see § 513).
(5)
Home Occupations as Conditional Uses under N.J.S.A. 40:55D-67
(see §§ 203 and 603 for definition and requirements.
(6)
Satellite Dish Antennae (see § 501 for standards).
(7)
Each dwelling unit may have information and direction signs
as defined in § 526.
(8)
One temporary Construction Trailer, one temporary Sales Trailer
and one sign not exceeding 50 square feet advertising the prime contractor,
subcontractor(s), architect, financing institution and similar data
for the period of construction beginning with the issuance of a construction
permit and concluding with the issuance of the last Certificate of
Occupancy or two years, whichever is less, provided said trailer(s)
and sign are on the site where construction is taking place and are
set back at least 10 feet from all street and lot lines. Three one-year
extensions may be granted by the Board.
d.
No building shall exceed 35 feet and 2 1/2 stories in height.
e.
A small park area at least two acres in size shall be provided.
f.
The land area specifically utilized for the "Single-Family Detached
Dwellings" shall be permitted one free-standing sign identifying the
name of the single-family development at the vehicular access from
Eayrestown Road in accordance with the following:
5.
Approval Process. The Senior Citizen Planned Development shall be
conceived, designed, subdivided, site planned and approved by the
Planning Board as a single entity. All uses shall be developed in
a planned and orderly sequence as approved by the Board.
F.
Continuing Care Retirement Communities, as Planned Developments.
1.
Purpose. A continuing care retirement community (CCRC) district is
hereby established for age-restricted planned development designed
to provide a variety of housing types to meet the diverse housing
and health care needs of the aging population at appropriate densities.
Dwelling units in the CCRC are intended for adults, 55 years of age
or older, and contain a variety of housing types and services to satisfy
a range of life-styles. Housing developed pursuant to this ordinance
shall require a set-aside for affordable housing consistent with the
regulations of the Council On Affordable Housing ("COAH").
2.
Definitions.
a.
AFFORDABLE HOUSING UNIT — A sales price or rent within the
means of a low- or moderate-income household as defined in N.J.A.C.
5:93-7.4 and 26 U.S.C. 42. For the purposes of this section, the units
shall not be age-restricted.
b.
ASSISTED LIVING RESIDENCE — A facility licensed by the New
Jersey State Department of Health and Senior Services pursuant to
N.J.A.C. 8:36 to provide apartment style housing and congregate dining
and to assure that a coordinated array of supportive personal and
health services are available, as needed, to four or more adult persons
unrelated to the proprietor.
c.
ASSISTED LIVING UNIT — A unit in an Assisted Living Residence
which shall offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance. Each unit
with a lockable door shall be a dwelling unit for the purposes of
calculating gross density.
d.
CONTINUING CARE — The provision of lodging and nursing, medical
or other health related services at the same or other location to
an individual pursuant to an agreement effective for the life of the
individual or for a period greater than one year, including mutually
terminable contracts and, in consideration of the payment of an entrance
fee, with or without other periodic charges, provided that the person
receiving the care is not related to the person who provides the care.
e.
CONTINUING CARE RETIREMENT COMMUNITY — A facility that has
received a certificate of authority pursuant to the Continuing Care
Retirement Community Regulation and Financial Disclosure Act, N.J.S.A.
52:27D-330 et seq.
f.
GROSS DENSITY — For the purposes of calculating Gross Density
for the CCRC, each Independent Living Unit shall be one dwelling unit,
each Assisted Living Unit shall be one dwelling unit and each bed
in a Nursing Care Unit shall be one dwelling unit. The entire tract
shall be used to calculate gross density.
g.
INDEPENDENT LIVING UNIT — A dwelling unit in a Continuing Care
Retirement Community which is unrestricted except as to an age requirement
for occupancy and is not an Assisted Living Unit or a Nursing Care
Unit as defined herein. Each dwelling unit shall be counted as one
dwelling unit for the purposes of calculating overall gross density.
Except in extraordinary circumstances, no more than two people may
occupy an Independent Living Unit, regardless of the number of bedrooms
in a unit.
h.
NURSING CARE UNIT — A bed in a nursing facility that is licensed
by the New Jersey State Department of Health and Senior Services to
provide health care under medical supervision and continuous nursing
care for 24 or more consecutive hours to patients who do not require
the degree of care and treatment which a hospital provides and who,
because of their physical and/or mental condition require continuous
nursing care and services above the level of room and board. Each
bed within a nursing unit shall be a dwelling unit for the purposes
of calculating gross density.
3.
Permitted and Accessory Uses.
a.
In the CCRC Planned Developments, the following mix of principal
uses shall be permitted uses provided they meet the standards of Subsection
4 of this section:
b.
Total dwelling units shall be defined as Independent Living Units,
Assisted Living Units, Affordable Housing Units and Nursing Care Units
as defined herein. Housing developed pursuant to this ordinance shall
require a set-aside for affordable housing consistent with the regulations
of COAH. All low- and moderate-income units must be constructed in
accordance with the guidelines set forth in the COAH regulations with
regard to affordability, phasing and bedroom mix unless otherwise
approved by COAH. All low- and moderate-income units developed as
part of the amended second cycle Compliance Plan shall not be age-restricted.
c.
In the CCRC, the following uses are permitted when used in conjunction
with a Permitted Use and conforming to the standards of Subsection
4 of this section.
(1)
Administrative Offices.
(2)
Healthcare and health maintenance facilities.
(3)
Child-Care Facilities for employees and nonemployees.
(4)
Entertainment, library, computer and arts and crafts facilities.
(5)
Facilities for religious activities.
(6)
Fitness facilities.
(7)
Aquatic facilities.
(8)
Other accessory uses which primarily support the principal permitted
uses and are incidental to the principal permitted use, including
commercial activities, e.g. retail or banking services.
(9)
Community centers or rooms integrated into a residential building
or in a separate building for the common use of residents.
(10)
Outdoor recreational facilities, including tennis or other court
sports for the common use of residents.
(11)
Congregate dining facility.
(12)
An on-site security and maintenance service system may be provided
for a CCRC, including an entrance gatehouse, fences, walls and supportive
service buildings.
(13)
Personal and medical services.
4.
Bulk and Area Regulations for the CCRC Planned Developments.
a.
The following shall be the standards for CCRC developments:
(1)
Minimum tract size: 150 acres.
(2)
Gross Density: 4.25 dwelling units per acre.
(3)
Minimum tract width: 800 feet.
(5)
Maximum building height: 65 feet.
(6)
Maximum lot coverage: 50%.
(7)
Maximum building coverage: 30%
(8)
Perimeter screen buffers shall be installed in accordance with
§ 506 of the Land Development Ordinance. The minimum width
of such buffers shall be 50 feet. Natural buffers shall not be unreasonably
and substantially disturbed.
b.
The following Requirements shall apply to single-family attached
and townhouse/condominium developments:
(1)
Apartment dwelling and single-family attached units attached
on a single linear plane, consisting of entirely low- and moderate
income units, shall not exceed a length of 140 feet.
(2)
Other CCRC uses, except Affordable Housing units, and single-family
attached units attached on a single linear plane, consisting of market
rate units, shall not exceed a length of 115 feet.
(3)
Notwithstanding paragraph (2) above, other CCRC uses, except
Affordable Housing units, may be up to 175 feet in length on a single
linear plane, provided such buildings are set back from all property
lines at least 200 feet.
(4)
Each single-family attached unit and townhouse shall have a
private rear yard of 200 square feet minimum.
(5)
A minimum of 100 square feet of storage shall be provided for
each unit in the basement, attic or other area attached to units plus
this area shall include storage for garbage, bicycles, garden equipment,
barbecue equipment and so forth. This requirement shall not apply
to low- and moderate income units.
(6)
There shall be a minimum distance of 30 feet between buildings.
c.
The following shall be the standards for Nursing Care Units, Assisted
Living Facilities and Apartment Buildings permitted in the CCRC.
(1)
Maximum number of Assisted Living Units in one building: 120.
(2)
Maximum number of beds in one Nursing Care building: 180.
(3)
Maximum number of Apartment Units in one building: 60.
(5)
There shall be a minimum distance between buildings provided
that buildings shall be permitted to be attached by enclosed walkways
and such walkways shall not be deemed to violate the thirty-foot separation
requirement. Such walkways, however, shall not have rooms or offices
within the walkways.
(6)
Accessory building set back from tract perimeter: 25 feet. Accessory
buildings are not permitted in the front yard along public streets.
5.
Parking Requirements.
a.
Parking shall be designed to meet the needs of the residents, employees
and guests.
b.
Parking for the Low- and Moderate Income units shall comply with
the Residential Site Improvement Standards ("RSIS").
c.
The following number of parking spaces are required for each unit:
(1)
Independent living units: 1.5 per dwelling unit.
(2)
Assisted Living Unit: 0.5 per dwelling unit.
(3)
Nursing beds: zero per bed.
(4)
Staff positions: one per staff member on the shift with the
maximum number of employees.
(5)
Visitors: 5% of the otherwise required total of paragraphs (1)
through (4) above.
d.
Parking for single-family structures and two-family structures shall
be provided immediately adjacent to the dwelling. Parking shall include
on-site and spaces within garages.
e.
Parking for townhouse units and for multi-family units may be provided
either immediately adjacent to the structure on in common parking
areas, or partly in each. Parking shall include on-site spaces and
spaces within garages.
f.
All common parking facilities shall be located within a reasonable
distance of, and shall afford safe access to, the dwelling units or
common facilities they are intended to serve.
g.
For any facility which will be available to the use of the nonresident
general public, the developer shall present a use plan which describes
the programs for which the facility will be used, the times of such
use and the projected parking required for such use to the Planning
Board for approval of parking for such facility.
h.
All parking areas shall be located or screened in such a manner to
substantially reduce their visibility from the public rights-of-way
and from properties adjoining the CCRC. Screening shall be provided
in accordance with the requirements of § 520 of the Land
Development Ordinance.
i.
Under requirements of § 520 of the Land Development Ordinance,
no more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping.
j.
Space for the storage of recreational vehicles and trailers shall
be provided either in special parking areas or in a special facility
designed for this purpose. If provided in a common parking area, the
recreational vehicle and trailer spaces shall be contiguous to each
other and separated from the remainder of the parking area. The parking
area for recreational vehicles and trailers shall be screened from
dwelling units, adjacent properties and rights-of-way.
6.
Design Standards for the CCRC.
a.
A comprehensive design plan shall be prepared for the entire CCRC
Planned Development which creates a distinct neighborhood, featuring
a communal meeting or neighborhood focal point developed with seating
areas, landscaping, decorative pavement and lighting and structural
features such as picket fencing, masonry walls, a gazebo, etc. A minimum
of 250 square feet of developed open space shall be set aside in the
form of neighborhood greens or parks per each residential unit approved
by the CCRC. Existing natural or existing landscape features may serve
to meet this requirement. Such features may include woods, nature
paths, meadows, arboreta, specimen trees, memorial gardens, nature
centers, etc.
b.
The development plan for the site, its developed facilities and the
interior of residential units in a CCRC must be specifically designed
to meet the potential physical and social needs and visual, auditory,
ambulatory and other impairments that may affect older persons.
(1)
There should be provided a safe and convenient system of walks
accessible to all occupants. Due consideration should be given in
planning walks and ramps to prevent slipping or stumbling. Handrails
and ample space for rest should be provided. All walks, paths and
risers shall be designed according to the requirements of the Americans
with Disabilities Act ("ADA").
(2)
Artificial lighting shall be provided along all walks and interior
roads and driveways in all off-street parking areas, with sufficient
illumination for the safety and convenience of older age residents,
depending on anticipated nighttime use.
(3)
A CCRC shall include open space and common recreational or community
facilities for the exclusive use of its residents.
(4)
There shall be not less than six square feet of floor space
per dwelling unit provided in community or clubhouse buildings. Such
facilities shall be designed and equipped to meet the social and recreational
needs of the anticipated residents. This may include hobby and craft
rooms, lounge areas, meeting rooms, card rooms, rooms providing support
facilities for outdoor recreation facilities or other similar facilities.
c.
The entire planned residential retirement development shall be designed
and constructed to provide utility services including stormwater drainage,
electric, telephone and where desired, CATV cables, all of which shall
be installed underground where feasible and permitted by the utility
company.
7.
Signs. The following signs and the accompanying design standards
shall be permitted in CCRC developments within the property of the
tract:
a.
Route 70 Entrance Sign: Area shall not exceed 50 square feet. Height
shall not exceed 10 feet.
b.
Other Entrance Signs, per sign, including signs for the Affordable
Housing: Area shall not exceed 32 square feet. Height shall not exceed
eight feet.
c.
Internal signs for information and directions: Area shall not exceed
12 square feet. Height shall not exceed eight feet.
[Ord. No. 1992-1 § 2; Ord. No. 2002-18 § 2]
It is the general purpose and intent of the recreational facilities
and open space requirements of this ordinance that new residential
development in Medford Township contribute to the overall open space
and recreational facilities needed in the Township to serve its residents.
A.
Open Space.
1.
The amount and type of open space required in a particular residential
development shall be as prescribed in § 400 of this ordinance
for the particular zoning district in which the residential development
is located, or as prescribed in § 608 of this ordinance
in the case of Residential Clusters or the Easttown Planned Development.
2.
In the designation of the required open space and the uses proposed
thereon, the developer shall be guided by the following:
a.
Any lands proposed as open space shall be located, shall be of the
size, and shall be improved to best suit the purpose(s) for which
open space is intended.
b.
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.
c.
The protection of environmentally fragile and important resource
land areas such as aquatic buffer areas, five-hundred-year floodplain
and treed acreage is a high priority.
3.
The Planning Board 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. In any case, the lands shall be improved as may be necessary
to best suit the purpose(s) for which they are intended.
4.
Should the proposed development consist of a number of development
stages, the Planning Board may require that open space acreage proportionate
in size to the development stage being considered for final approval
for that particular development stage, even though these lands may
be located in a different section of the overall development.
5.
Open space may be offered by deed to the Township or dedicated as
common open space to a Homeowners' Association or other open space
organization.
a.
If the applicant proposes that the open space shall be dedicated
to the Township, then the Planning Board shall forward such request
with its recommendation to the Township Council prior to the granting
of preliminary approval of any development application containing
the subject open space.
b.
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 § 605
of this ordinance. Such organization shall not be dissolved, nor shall
it dispose of any common open space by sale or otherwise.
B.
Recreational Facilities.
1.
Facility Requirements. 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 for good cause shown. 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.
a.
Fifty units or more:
(1)
Two tennis courts, plus one tennis court for each additional
25 units;
(2)
One basketball court, plus one basketball court for each 50
additional units;
(3)
One tot lot, plus one tot lot for each 50 additional units;
(4)
One ballfield, regulation ninety-foot (two acres); and
(5)
One multipurpose turfed area of at least 100 feet by 100 feet,
plus one multipurpose turfed area for each 50 additional units.
d.
Ten units or less shall provide a monetary contribution in accordance
with § 609.B.2 hereinbelow.
2.
Monetary Contribution in Lieu of Construction of Recreational Facilities.
In lieu of construction of the recreational facilities required by
Subsection 609.B.1 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 $1,000 per residential unit to a Recreation
Trust Fund maintained by the Township specifically for the periodic
purchase, lease, acquisition and/or maintenance of passive or active
recreational facilities for use by the residents of Medford Township.
It is expressly understood that the contribution of $1,000 per
unit shall be adjusted annually on February 1 of each year, based
upon the Consumer Price Index for Urban Wage Earners and Clerical
Workers as published by the United States Bureau of Labor Statistics;
said increase to reflect the Consumer Price Index increase, if any,
from the prior year. Said contribution shall be paid at the time of
final approval. The land required to be used for active recreation
pursuant to § 609.A and elsewhere in this ordinance shall
thereafter be used for passive recreation, unless the Township elects
to construct active recreation facilities thereon at the Township's
expense.
[Ord. No. 1992-1 § 2]
A.
Variances. Departures from the literal zoning requirements specified
in §§ 400 and 600 of this ordinance 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 §§ 702
and 705 of this ordinance.
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 for such approval specified within §§ 500
and 800 of this ordinance, 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.
[Ord. No. 1992-1 § 2; Ord. No. 2002-3 § 3; Ord. No. 2008-16 § 1]
A.
Wetlands in the Pinelands Area.
1.
Purpose. Coastal and inland wetlands constitute a vital element of
the ecological character of the Pinelands Area. They are critical
habitats for many threatened and endangered plant and animal species
and play many other important roles including the maintenance of surface
and ground water quality. "Coastal Wetlands" shall be as defined in
N.J.A.C. 7:50-6.4 of the Pinelands Comprehensive Management Plan,
and "Inland Wetlands" shall be as defined in N.J.A.C. 7:50-6.5.
2.
Development Prohibited.
a.
Development shall be prohibited in all wetlands in the Pinelands
Area and within 300 feet thereof, except for the following uses and
subject to the requirements and conditions specified in Subsection
611.A.2.b hereinbelow as applicable:
(1)
Horticulture of native Pinelands species and berry agriculture.
(2)
Forestry in accordance with the provisions specified in Subsection
602.E of this ordinance.
(3)
Fish and wildlife activities and wetlands management, in accordance
with N.J.A.C. 7:50-6.10.
[Amended 12-5-2011 by Ord. No. 2011-15]
(4)
Low-intensity recreational uses which do not involve the use
of a structure, including hunting, fishing, trapping, hiking, boating
and swimming, and other low intensity recreational uses, provided
that any development associated with those other uses does not result
in a "significant adverse impact" on the wetland as set forth in Subsection
611.A.2.b hereinbelow.
(5)
Water-dependent recreational facilities such as docks, piers,
moorings and boat launches for the use of a landowner, provided that
the use conforms to all applicable State or Federal regulations and
that the use will not result in a "significant adverse impact" in
accordance with Subsection 611.A.2.b hereinbelow.
(6)
Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities, provided that:
(a)
There is no feasible alternative route for the
facility that does not involve development in a wetland or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement cannot
be met by existing facilities or modification thereof;
(c)
The use represents a need which overrides the importance
of protecting the wetland;
(d)
Development of the facility will include all practical
measures to mitigate the adverse impact on the wetland; and
(e)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
b.
A "significant adverse impact" shall be deemed to exist where it
is determined that one or more of the following modifications of a
wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components including, but not limited
to, threatened or endangered species of plants or animals. The determination
shall consider the cumulative modifications of the wetland due to
the development being proposed and any other existing or potential
development which may effect the wetland.
(1)
An increase in surface water runoff discharging into a wetland;
(2)
A change in the normal seasonal flow patterns in the wetland;
(3)
An alteration of the water table in the wetland;
(4)
An increase in erosion resulting in increased sedimentation
in the wetland;
(5)
A change in the natural chemistry of the ground or surface water
in the wetland;
(6)
A loss of wetland habitat;
(7)
A reduction in wetland habitat diversity;
(8)
A change in wetlands species composition; or
(9)
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting or feeding.
3.
Exceptions For "Infill Wetlands."
a.
For purposes of this ordinance Section, "infill wetlands" are "coastal
wetlands" and/or "inland wetlands" which are entirely or partially
situated on sites which meet the following standards:
(1)
The site is zoned "GMS" Growth Management South, GD Growth District,
HC-1 Highway Commercial Zone 1, HC-2 Highway Commercial Zone 2, HM
Highway Management Zone, CC Community Commercial within the "Pinelands
Regional Growth Area," RC Restricted Commercial, PI Planned Industrial,
HVC Historic Village Commercial, HVR Historic Village Residential,
RHO Residential Home Occupation, VRD Village Residential Development,
and/or RHC Restricted Highway Commercial.
(2)
The depth to seasonal high-water table in the area of the site
where development is to take place is at least two feet.
(3)
Both public sewer and public water facilities will serve any
development on the site.
b.
Provided that the design and performance standards of this ordinance
are met and that the minimum lot size, density, intensity, open space
and other zoning requirements for the zoning district in which the
proposed development is located are met, development shall be permitted
no closer than 50 feet from any "infill wetlands" except that:
(1)
Development shall be permitted closer than 50 feet from any
"infill wetlands" pursuant to the provisions specified in § 611.A.3.c
hereinbelow; and
(2)
Notwithstanding Subsection 611.A.3.c hereinbelow, no development
shall be permitted closer than 100 feet from any "infill wetlands"
in the following areas of Medford Township:
(a)
The area bordered by the southwest branch of the
Rancocas, Chairville Road, Branin Road and Chapel Road,
(b)
The southwest branch of the Rancocas and associated
wetlands from the stream crossing at Main Street to the stream crossing
at Branch Street.
(c)
The area bordered by the southwestern GD Growth
District boundary, Medford-Evesboro Road, Hartford Road, Taunton Boulevard
and Christopher's Mill Road.
(d)
The area contained within the following boundaries:
northwest along Tuckerton Road from the Medford Lakes Borough/Medford
Township municipal boundary to Robin Hood Drive; Robin Hood Drive
to Jackson Road; north along Jackson Drive to East Lakeside Drive;
East Lakeside Drive to Brookside Drive; Brookside Drive to Buttonwood
Drive; Buttonwood Drive to the Medford Lakes Borough/Medford Township
municipal boundary; Medford Lakes Borough/Medford Township municipal
boundary to Tuckerton Road; provided, however, that a restriction
is recorded on the title to the land which restricts in perpetuity
the use of the on-site wetland and that area within 100 feet of any
"infill wetlands" as open space to be maintained in its natural state.
In the event that said land is not subjected to a deed restriction,
development shall not be located closer than 200 feet from such wetlands.
(e)
The area northeast of Stokes Road bordered by Branin
Road and Skeet Road designated within the CC District.
(f)
The area at the junction of Jackson Road and Tuckerton
Road designated within the RC District.
c.
Development shall be permitted closer than 50 feet from any "infill
wetlands" if the developer can demonstrate that the proposed development
will not result in a "significant adverse impact" on the "infill wetlands"
in accordance with Subsection 611.A.2.b hereinabove, except that the
approving authority may presume that development closer than 50 feet
from any "infill wetlands" will not result in a "significant adverse
impact" if the "infill wetlands" affected meet the following characteristics:
(1)
Are not greater than one acre in size;
(2)
Are not component of a more extensive wetland complex;
(3)
Are substantially degraded as a result of prior human activities;
(4)
Do not substantially contribute to the maintenance of area wildlife;
and
(5)
Do not substantially contribute to the maintenance of local
ground and surface water quality, nor to the control of existing stormwater
patterns.
B.
Wetlands Outside the Pinelands Area.
1.
Purpose. "Freshwater wetlands" play an integral role in maintaining
the quality of life through material contribution to the water quality
of Medford Township, its economy, food supply, and fish and wildlife
resources by:
a.
Protecting subsurface and potable drinking water supplies from contamination
with hazardous chemicals by serving to purify surface water and ground
water resources;
b.
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;
c.
Serving as a buffer zone between dry land and water courses, thereby
retarding soil erosion;
d.
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
e.
Maintaining critical base flow to surface waters through the gradual
release of stored flood waters and ground water, particularly during
drought periods.
2.
Development Prohibited.
a.
Notwithstanding any other provisions of this ordinance 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.
b.
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 recreation uses such as parks, playgrounds, picnic
areas, hunting, fishing or the like, providing that such use is permitted
in the zoning district in which the property is located.
[Ord. No. 1997-16 § 63]
A.
Permit Required. No forestry in the Pinelands Area of the Township
shall be carried out by any person unless a permit for such activity
has been issued by the Township Zoning Officer. Notwithstanding this
requirement, no such permits shall be required for the following forestry
activities:
1.
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
2.
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year;
3.
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted;
4.
Forest stand improvement designed to selectively thin trees and brush,
provided that no clearing or soil disturbance occurs and that the
total land area on the parcel in which the activity occurs does not
exceed five acres in any one year; and
5.
Prescribed burning and the clearing and maintaining of fire breaks.
B.
Forestry Application Requirements. The information in Subsection
B.1 or B.2 below shall be submitted to the Township Zoning Officer
prior to the issuance of any forestry permit:
[Amended 12-5-2011 by Ord. No. 2011-15]
1.
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey forest
stewardship plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
2.
For all other forestry applications:
a.
The applicant's name and address and his interest in the subject
parcel;
b.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
c.
The description, including block and lot designation and street address,
if any, of the subject parcel;
d.
A description of all existing uses of the subject parcel;
e.
A brief written statement generally describing the proposed forestry
operation;
f.
A USGS Quadrangle Map, or copy thereof, and a copy of the Municipal
Tax Map sheet on which the boundaries of the subject parcel, the Pinelands
Management Area designation and the municipal zoning designation are
shown;
g.
A forestry management plan that includes, as appropriate:
(1)
A cover page for the plan containing:
(a)
The name, mailing address and telephone number
of the owner of the subject parcel;
(b)
The municipality and county in which the subject
parcel is located;
(c)
The block and lot designation and street address,
if any, of the subject parcel;
(d)
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
(e)
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
(2)
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
(3)
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
native forest types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
(a)
The number of acres;
(b)
The general condition and quality of each stand;
(c)
The overall site quality, relative to the management
goals and objectives identified in Subsection B.2.g(2) above;
(d)
An inventory and map of Pinelands native forest
types with native forest types broken into "stands," including information
on type, size and volume by species;
(e)
The age of representative trees;
(f)
The species composition, including overstory, understory,
ground layer structure and composition;
(g)
The stand cohort composition;
(h)
The percent cover;
(i)
The basal area;
(j)
The structure, including age classes, diameter
at breast height (DBH) classes and crown classes;
(k)
The condition and species composition of advanced
regeneration, when applicable;
(l)
A stocking table showing the stocking levels, growth
rates and volume;
(m)
Projections of intended future stand characteristics
at ten-, twenty-, and forty-year intervals;
(n)
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
i.
Stand improvement practices;
ii.
Site preparation practices;
iii.
Harvesting practices;
iv.
Regeneration and reforestation practices;
v.
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
vi.
Herbicide treatments;
vii.
Silvicultural treatment alternatives;
viii.
If planting will occur to accomplish reforestation,
the application shall include seed source records, if such records
are available;
ix.
Implementation instructions; and
x.
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
(o)
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter at breast height (DBH) classes and average diameter; age;
heights; and number of trees per acre; and
(4)
A map of the entire parcel which includes the following:
(a)
The owner's name, address and the date the map
was prepared;
(b)
An arrow designating the north direction;
(c)
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
(d)
The location of all property lines;
(e)
A delineation of the physical features such as
roads, streams and structures;
(f)
The identification of soil types (a separate map
may be used for this purpose);
(g)
A map inset showing the location of the parcel
in relation to the local area;
(h)
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
(i)
A legend defining the symbols appearing on the
map.
h.
A letter from the Office of Natural Lands Management identifying
any threatened or endangered plants or animals reported on or in the
immediate vicinity of the parcel and a detailed description by the
applicant of the measures proposed to meet the standards set forth
in § 511;
i.
A cultural resource survey documenting cultural resources on those
portions of the parcel where ground disturbance due to site preparation
or road construction will occur and a detailed description of the
measures proposed by the applicant to treat those cultural resources
in accordance with § 515;
j.
A statement identifying the type, location and frequency of any proposed
herbicide treatments and how such treatments will comply with the
standards set forth in Subsection C.9.b below;
k.
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
l.
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below; and
m.
A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34; and
n.
When prior approval for the forestry activities has been granted
by the Zoning Officer or other Township approval agency, a letter
from the Pinelands Commission indicating that the prior approval has
been reviewed pursuant to § 808.E.
C.
Forestry Standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
[Amended 12-5-2011 by Ord. No. 2011-15]
1.
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist.
2.
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site.
3.
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic white cedar in cedar and hardwood
swamps:
a.
Clearcutting cedar and managing slash;
b.
Controlling competition by other plant species;
c.
Utilizing fencing and other retardants, where necessary, to protect
cedar from overbrowsing;
d.
Utilizing existing streams as cutting boundaries, where practical;
e.
Harvesting during dry periods or when the ground is frozen; and
f.
Utilizing the least-intrusive harvesting techniques, including the
use of winches, corduroy roads and helicopters, where practical.
4.
All forestry activities and practices shall be designed and carried
out so as to comply with the standards set forth in § 511.
The species accounts provided in the "Recommended Forestry Management
Practices Report," Appendix I, Endangered Animals, dated March 2006,
as amended and supplemented and available at the principal office
of the Commission or at www.nj.gov/pinelands, may be utilized as a
guide for meeting these standards.
5.
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section.
6.
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the protection of historic,
archaeological and cultural resources set forth in § 515.
7.
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic white cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities.
8.
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
9.
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
a.
In areas with slopes of greater than 10%, an undisturbed buffer strip
of at least 25 feet in width shall be maintained along roads during
site preparation to catch soil particles;
b.
Herbicide treatments shall be permitted, provided that:
(1)
The proposed treatment is identified in the forestry application
submitted to the Zoning Officer pursuant to Subsection B.2.j above;
(2)
Control of competitive plant species is clearly necessary;
(3)
Control of competitive plant species by other, nonchemical means
is not practical;
(4)
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
state and federal requirements; and
(5)
In pine-shrub oak native forest types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak resprouting outside
those areas subject to the herbicide treatment;
c.
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
d.
Disking shall be permitted, provided that:
(1)
It shall not be permitted in pine plains native forest types;
(2)
Disking shall only be permitted in pine-shrub oak native forest
types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration and shall be limited as follows:
(a)
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
(b)
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted;
(3)
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic white cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
(4)
It shall follow land contours when slopes are discernible;
e.
Root raking shall be permitted, provided that:
(1)
It shall not be permitted in pine-shrub oak native forest types
or pine plains native forest types;
(2)
When used to establish, restore or regenerate Atlantic white
cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(3)
Root raking debris shall not be piled in wetlands;
f.
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
g.
Drum chopping shall be permitted, provided that:
(1)
It shall not be permitted in pine plains native forest types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
(2)
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic white cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(3)
It shall adhere to the following procedures:
(a)
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
(b)
Drums shall remain unfilled when used during the
dormant season;
(c)
Chop up and down the slope on a parcel so the depressions
made by the cleats and chopper blades run parallel to the contour
of the land to help reduce the occurrence of channeled surface erosion;
(d)
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
(e)
Avoid short-radius, one-hundred-eighty-degree turns
at the end of each straight pass.
10.
The following standards shall apply to silvicultural practices for
harvesting:
a.
Clearcutting shall be permitted, provided that:
(1)
It shall not be permitted in pine plains native forest types;
(2)
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
(3)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clearcut and
the parcel boundaries;
(4)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clearcut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(5)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches' diameter at breast height (DBH) and six feet
in height shall be left on the parcel for a minimum of five years;
and
(6)
The area of the parcel subject to the clearcut shall have contoured
edges, unless the boundary of the clearcut serves as a firebreak,
in which case straight edges may be used;
b.
Coppicing shall be permitted in all Pinelands native forest
types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger coppice cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches' DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
(5)
The area of the parcel subject to the coppice cut shall have
contoured edges, unless the boundary of the coppice cut serves as
a firebreak, in which case straight edges may be used;
c.
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches' DBH and six feet in height shall be left on
the parcel for a minimum of five years;
(5)
The area of the parcel subject to the seed tree cut shall have
contoured edges, unless the boundary of the seed tree cut serves as
a firebreak, in which case straight edges may be used;
(6)
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
(7)
Residual seed trees shall be distributed evenly throughout the
parcel; and
d.
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
11.
The following standards shall apply to silvicultural practices for
forest regeneration:
a.
Natural regeneration shall be permitted in all Pinelands native
forest types and shall be required in the pine plains native forest
type, except as provided in Subsection C.11.b below; and
b.
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
(1)
The use of nonnative cuttings, seedlings or seeds shall not
be permitted;
(2)
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
(3)
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
(4)
When used in pine plains native forest types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
12.
Following site preparation and harvesting activities, slash shall
either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
13.
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
14.
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
D.
Forestry Permit Procedures.
1.
Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25.
2.
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant in writing of any additional information which is necessary
to complete the application. Should the Zoning Officer fail to make
such a determination within 14 days, the application shall be considered
to be complete as of the 15th day following its submission.
3.
Within 45 days of determining an application to be complete pursuant to Subsection D.2 above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
4.
Upon receipt of a notice of disapproval pursuant to Subsection D.3 above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D.3 above.
5.
Failure of the Zoning Officer to act within the time period prescribed
in Subsection D.3 and 4 above shall constitute approval of the forestry
application as submitted. At the request of the applicant, a certificate
as to the failure of the Zoning Officer to act shall be issued by
the municipality and it shall be sufficient in lieu of the written
endorsement or other evidence of municipal approval required herein.
6.
In reviewing and issuing permits for forestry applications, the Zoning
Officer shall also comply with the Pinelands Area notice and review
procedures set forth in Subsections 808.D through G.
7.
Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this ordinance
and the Pinelands Comprehensive Management Plan are met.
E.
Administrative Fees. Upon the issuance of a forestry permit pursuant
to Subsection D.3 above, the applicant shall be required to pay a
sum of $250 which shall serve as reimbursement for any administrative
costs incurred by the municipality during the ten-year permit period.
The applicant shall not be subject to any additional fees or escrow
requirements for the duration of the forestry permit.
F.
Notification of Harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours written
notice of the intention to begin harvesting operations.
[Ord. No. 1999-11 § 1; Ord. No. 2004-31 § 2; amended 7-31-2010 by Ord. No. 2010-25; 8-18-2020 by Ord. No. 2020-18]
A.
Preamble.
1.
This section is intended to address Medford Township's continued
constitutional obligation to provide for its fair share of low- and
moderate-income housing, consistent with the provisions of the Council
on Affordable Housing known as the "Substantive Rules of the New Jersey
Council on Affordable Housing," N.J.A.C. 5:93 et seq., as may be amended
and supplemented, the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq., as may be amended and supplemented, and pursuant
to the New Jersey Fair Housing Act of 1985.[1] This section is intended to provide assurances that low-
and moderate-income units ("affordable units") are created with controls
on affordability over time and that low- and moderate-income households
shall occupy these units. This section shall apply except where inconsistent
with applicable law.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
2.
By adoption of Resolution 20-2017, on June 28, 2017, the Medford
Township Planning Board adopted a Housing Element and Fair Share Plan,
pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq.,
which included the terms and conditions of the Township's settlement
agreement with the Fair Share Housing Center. The Housing Element
and Fair Share Plan has been adopted and endorsed by the Medford Township
Council by adoption of Resolution 126-2020 on August 5, 2020. The
Fair Share Plan describes the methods by which Medford shall address
its fair share for low- and moderate-income housing as determined
by the Superior Court of New Jersey ("the Court") and documented in
the Housing Element. This section implements and incorporates the
Fair Share Plan, endorses the Housing Element and addresses the requirements
of N.J.A.C. 5:93 et seq., as may be amended and supplemented.
3.
The Township of Medford shall file monitoring reports as directed
by the Court in accordance with N.J.A.C. 5:93 et seq. regarding the
status of the implementation of the Housing Element and Fair Share
Plan. On an annual basis beginning with the first anniversary of the
execution of the Township's Agreement with the Fair Share Housing
Center (FSHC), the Township shall report on the status of all affordable
housing activity within the municipality, including all activity in
connection with the Township's Affordable Housing Trust Fund, through
an update of the Council on Affordable Housing (COAH) CTM system (if
available) and posting on the municipal website, with a copy of such
posting provided to FSHC, using forms previously developed for this
purpose by COAH or any other forms endorsed by the Special Master
and FSHC. Any report filed by Medford shall also be filed with the
Burlington County Superior Court and shall be available to the public
at the Medford Township Hall, Township Clerk's Office, 17 North Main
Street, Medford, New Jersey 08055.
B.
Municipal fair share obligation. The Township of Medford has a fair
share obligation consisting of a prior round obligation of 418 units,
a present need of 25 units, and a third round housing obligation of
483 units.
C.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
1.
2.
3.
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
FAIR SHARE PLAN
HOUSING ELEMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
PRESENT NEED
PRIOR ROUND HOUSING OBLIGATION
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
SPECIAL MASTER
THIRD ROUND HOUSING OBLIGATION
TOWNSHIP
TOWNSHIP COUNCIL
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
VETERAN'S PREFERENCE
WEATHERIZATION
Definitions. The following terms when used in this section shall
have the meanings given in this subsection:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93
and UHAC (N.J.A.C. 5:80-26).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent level that is within the means of a
low- or moderate-income household as defined in N.J.A.C. 5:93-7.4
and, in the case of an ownership unit, that the sales price for the
unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as
may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development of which all or a portion consists
of housing affordable to low- and moderate-income households.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing
trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development where the unit is situated
are 62 years of age or older; or
At least 80% of the units are occupied by one person that is
55 years of age or older; or
The development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. "Alternative living arrangement" includes, but is not limited
to, transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, as
established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The plan or proposal, which is in the form that may readily
be converted into an ordinance, by which a municipality proposes to
satisfy its obligation to create a realistic opportunity to meet the
low- and moderate-income housing need of its region, and which details
the affirmative measures the municipality proposes to undertake to
achieve its fair share of low- and moderate-income housing, as provided
by Sections 9 and 14 of the Act, and as further described and defined
in N.J.A.C. 5:93.
The portion of the Township's Master Plan, consisting of
reports, statements, proposals, maps, diagrams and text, designed
to meet the municipality's fair share of its region's present and
prospective housing needs, particularly with regard to low- and moderate-income
housing, as further described at Section 10 of the Act and by N.J.A.C.
5:93.
A development containing both affordable units and market-rate
units. This term includes, but is not limited to, new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the reconstruction of
a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income for the applicable housing
region.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or approved by the NJ Superior
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income for
the applicable housing region.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
An estimate of low- and moderate-income households living
in substandard housing as calculated through the use of census surrogates.
The 1987-1999 fair share based on N.J.A.C. 5:93-1.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved regional income limits published annually
by COAH or a successor entity as approved by the Superior Court.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court. "Superior Court" or "the Court" means the Superior Court of
New Jersey.
The 1999 — 2025 housing obligation as determined by
the Superior Court.
The Township of Medford.
The Township Council of the Township of Medford.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income for the applicable housing
region.
A restricted unit that is affordable to a very-low-income
household.
A preference for low- and moderate-income housing that is
permitted by law for people that have served in the military.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of the rehabilitation
program.
D.
Rehabilitation.
1.
Medford's rehabilitation program shall be designed to renovate deficient
housing units occupied by low- and moderate-income households such
that, after rehabilitation, these units will comply with the New Jersey
State Housing Code pursuant to N.J.A.C. 5:28. The Township shall continue
to administer a rehabilitation program designed to address its present
need.
2.
All rehabilitated units shall remain affordable to low- and moderate-income
households for a period of 10 years (the control period). For owner-occupied
units the control period will be enforced with a lien, and for renter-occupied
units the control period will be enforced with a deed restriction.
3.
The Township shall dedicate an average of at least $10,000 per unit
to be rehabilitated through this program, reflecting the minimum hard
cost of rehabilitation for each unit.
4.
The Township shall adopt a resolution committing to fund any shortfall
in the rehabilitation program.
5.
The Township shall designate, subject to the approval of the Court,
one or more Administrative Agents to administer the rehabilitation
program in accordance with N.J.A.C. 5:93. The Administrative Agent(s)
shall provide a rehabilitation manual to be adopted by resolution
of the governing body and subject to approval of the Court. The rehabilitation
manual shall be available for public inspection in the office of the
Municipal Clerk and in the office(s) of the Administrative Agent(s).
6.
Units in a rehabilitation program shall be exempt from UHAC, but
shall be administered in accordance with the following:
a.
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is rerented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to UHAC.
b.
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to UHAC.
c.
Rents in rehabilitated units may increase annually based on the standards
in UHAC.
d.
Applicant and/or tenant households shall be certified as income-eligible
in accordance with UHAC, except that households in owner-occupied
units shall be exempt from the regional asset limit.
E.
One-hundred-percent developments. The Township's settlement agreement
with FSHC allows Volunteers of America (VOA) to construct 70 affordable
age-restricted housing units. The Township's obligations associated
with this development are outlined at paragraph 8 of the Township's
settlement agreement with FSHC.
F.
Inclusionary zoning.
1.
Mandatory affordable housing set-aside.
a.
Developers shall set aside a percentage of housing for low- and moderate-income
housing if the proposed development consists of five or more new residential
units and:
(1)
The permitted use of the property changes, either through a
zoning change, redevelopment plan (for an area in need of redevelopment
of rehabilitation) or use variance, from nonresidential to residential
and the residential zoning/approval permits a gross density of at
least six units per acre; or
(2)
The gross density of a site, with no affordable housing obligation,
changes through a zoning change, redevelopment plan (for an area in
need of redevelopment or rehabilitation), or "D" variance doubles
to six units per acre.
b.
For inclusionary projects in which the low- and moderate-income units
are to be offered for sale, the set-aside percentage is 20%; for projects
in which the low- and moderate-income units are to be offered for
rent, the set-aside percentage is 15%.
c.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
d.
This requirement does not apply to any sites or specific zones otherwise
identified in the settlement agreement or Fair Share Plan, for which
density and set-aside standards shall be governed by the specific
standards set forth therein.
2.
Fractions. Fractional obligations shall be rounded up or down using
standard mathematical practice. A fractional obligation less than
.50 shall be rounded down to the nearest whole number. A fractional
obligation of .50 or more shall be rounded up to the nearest whole
number.
G.
New construction. The following general guidelines apply to all developments
that contain low- and moderate-income housing units, including any
currently unanticipated future developments that will provide low-
and moderate-income housing units.
1.
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units whether developed in a
single-phase development, or in a multiphase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
2.
Low/moderate split and bedroom distribution of affordable housing
units.
a.
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units the extra unit shall be a low-income unit.
At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
b.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
c.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(1)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(2)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(3)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(4)
The remaining low- and moderate-income units may be allocated
among two-and three-bedroom units at the discretion of the developer.
d.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
3.
Accessibility requirements.
a.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
b.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(1)
An adaptable toilet and bathing facility on the first floor;
(2)
An adaptable kitchen on the first floor;
(3)
An interior accessible route of travel on the first floor;
(4)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
(5)
An interior accessible route of travel between stories within
an individual unit, except that if all of the terms of Subsection
G.3.b(1) through (4) above have been satisfied, an interior accessible
route of travel shall not be required between stories within an individual
unit; and
(6)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Township has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
(a)
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
(b)
To this end, each builder of income-restricted
units shall deposit funds with the Township's Affordable Housing Trust
Fund sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
(c)
The funds deposited under Subsection G.3.b(6)(b)
above shall be used by the Township for the sole purpose of making
the adaptable entrance of an affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(d)
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion of adaptable to
accessible entrances to the Construction Official of the Township.
(e)
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7
and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Township's Affordable
Housing Trust Fund in care of the Township Treasurer, who shall ensure
that the funds are deposited into the Affordable Housing Trust Fund
and appropriately earmarked.
(f)
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
4.
Design.
5.
Maximum rents and sales prices.
a.
In establishing rents and sales prices of affordable housing units,
the Administrative Agent shall follow the procedures set forth in
UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and the calculation
procedures as approved by the Court and detailed herein.
b.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
c.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units, provided that at least 13% of all low-
and moderate-income rental units shall be affordable to very-low-income
households.
d.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units.
In achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
e.
In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted living facilities and age-restricted developments, the
following standards shall be used:
(1)
A studio shall be affordable to a one-person household;
(2)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(3)
A two-bedroom unit shall be affordable to a three-person household;
(4)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(5)
A four-bedroom unit shall be affordable to a six-person household.
f.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, t hat the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
g.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
h.
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the Administrative Agent be lower than the last
recorded purchase price. Income limits for all units for which income
limits are not already established through a federal program exempted
from the Uniform Housing Affordability Controls pursuant to N.J.A.C.
5:80-26.1 shall be updated by the Township annually within 30 days
of the publication of determinations of median income by HUD as follows:
(1)
Regional income limits shall be established for the Region 5
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial census in Region 1. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(2)
The income limits calculated each year shall be the result of
applying the percentages set forth in Subsection G.5.h(1) above to
HUD's determination of median income for the relevant fiscal year,
and shall be utilized until the Township updates the income limits
after HUD has published revised determinations of median income for
the next fiscal year.
(3)
The regional asset limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3
shall be calculated by the Township annually by taking the percentage
increase of the income limits calculated pursuant to Subsection G.5.h(1)
above over the previous year's income limits, and applying the same
percentage increase to the regional asset limit from the prior year.
In no event shall the regional asset limit be less than that for the
previous year.
i.
The rent of very-low-, low- and moderate-income units may be increased
annually based on the permitted percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
H.
Utilities.
1.
Affordable units shall utilize the same type of heating source as
market-rate units within an inclusionary development.
2.
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by DCA for its Section 8 program.
I.
Occupancy standards. In referring certified households to specific
restricted units, the Administrative Agent shall, to the extent feasible
and without causing an undue delay in the occupancy of a unit, strive
to:
J.
Control periods for restricted ownership units and enforcement mechanisms.
1.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until the Township
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
2.
Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
3.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
4.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Administrative Agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
5.
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Administrative Agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
6.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
7.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
K.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices.
1.
Price restrictions for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
a.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
b.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low-and moderate-income purchasers and those paid
by market-rate purchasers.
d.
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See Subsection M.
L.
Buyer income eligibility.
1.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
2.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to a certified
household for a period not to exceed one year.
3.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
M.
Limitations on indebtedness secured by ownership unit; subordination.
1.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Administrative Agent
for a determination, in writing, that the proposed indebtedness complies
with the provisions of this section, and the Administrative Agent
shall issue such determination prior to the owner incurring such indebtedness.
2.
With the exception of a first purchase money mortgage, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
N.
Capital improvements to ownership units.
1.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that add an additional bathroom. In no event
shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
2.
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Administrative
Agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit, and not included in the base price, may be made
a condition of the unit resale provided the price, which shall be
subject to ten-year, straight-line depreciation, has been approved
by the Administrative Agent. Unless otherwise approved by the Administrative
Agent, the purchase of any property other than central air conditioning
shall not be made a condition of the unit resale. The owner and the
purchaser must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
O.
Control periods for restricted rental units.
1.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until the Township
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
a.
Restricted rental units created as part of developments receiving
9% low-income housing tax credits must comply with a control period
of not less than thirty-year compliance period plus a fifteen-year
extended use period.
2.
Rehabilitated renter-occupied housing units that are improved to
code standards shall be subject to affordability controls for a period
of 10 years.
3.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be recorded by the developer or seller with the Records Office
of the County of Burlington. A copy of the filed, recorded document
shall be provided to the Administrative Agent within 30 days of the
receipt of a certificate of occupancy.
4.
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
P.
Rent restrictions for rental units; leases.
1.
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the Administrative
Agent.
2.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
3.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the Administrative Agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
Q.
Tenant income eligibility.
1.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
a.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
b.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
c.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
2.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
a.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
b.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its continuing ability to pay;
c.
The household is currently in substandard or overcrowded living conditions;
d.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
e.
The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the Administrative
Agent and the owner of the unit.
3.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in Subsection Q.1.a through 2.e above
with the Administrative Agent, who shall counsel the household on
budgeting.
R.
Conversions. Each housing unit created through the conversion of
a nonresidential structure shall be considered a new housing unit
and shall be subject to the affordability controls for a new housing
unit.
S.
Municipal Housing Liaison.
1.
State regulations require the Township to appoint a specific municipal
employee to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the Affirmative Marketing Plan, monitoring and reporting, and, where
applicable, supervising any contracted Administrative Agent. Medford
shall adopt an ordinance creating the position of Municipal Housing
Liaison; and shall adopt a resolution appointing a Municipal Housing
Liaison. The Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee. The Municipal
Housing Liaison shall be approved by the Superior Court unless such
approval is delegated by the Court to COAH and shall be duly qualified
before assuming the duties of Municipal Housing Liaison.
2.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Medford,
including the following responsibilities which may not be contracted
out to the Administrative Agent:
a.
Serving as Medford's primary point of contact for all inquiries from
the state, affordable housing providers, Administrative Agents and
interested households;
b.
Monitoring the status of all restricted units in Medford's Fair Share
Plan;
c.
Compiling, verifying and submitting annual monitoring reports as
required by the Court;
d.
Coordinating meetings with affordable housing providers and Administrative
Agents, as needed; and
e.
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by the Court.
T.
Administrative Agent. Subject to the approval of the Superior Court,
the Township shall designate by resolution of the Township Council
one or more Administrative Agent(s) to administer newly constructed
affordable units in accordance with N.J.A.C. 5:93 and UHAC. An operating
manual shall be provided by the Administrative Agent(s) to be adopted
by resolution of the Township Council and subject to approval of the
Superior Court or its designee. The operating manuals shall be available
for public inspection in the office of the Township Clerk and in the
office(s) of the Administrative Agent(s). The Municipal Housing Liaison
shall supervise the contracting Administrative Agent(s). The Administrative
Agent shall perform the duties and responsibilities of an Administrative
Agent as set forth in UHAC, including those set forth in Sections
5:80-26.14, 16 and 18 thereof, which includes:
1.
Affirmative marketing:
a.
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township and the provisions of N.J.A.C. 5:80-26.15; and
b.
Providing counseling or contracting to 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.
2.
Household certification:
a.
Soliciting, scheduling, conducting and following up on interviews
with interested households;
b.
Conducting interviews and obtaining sufficient documentation of gross
income and assets upon which to base a determination of income eligibility
for a low- or moderate-income unit;
c.
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
d.
Requiring that all certified applicants for restricted units execute
a certificate substantially in the form, as applicable, of either
the ownership or rental certificates set forth in Appendixes J and
K of N.J.A.C. 5:80-26.1 et seq.;
e.
Creating and maintaining a referral list of eligible applicant households
living in the housing region and eligible applicant households with
members working in the housing region where the units are located;
and
f.
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Township when referring households for certification
to affordable units.
3.
Affordability controls:
a.
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
b.
Creating and maintaining a file on each restricted unit for its control
period, including the recorded deed with restrictions, recorded mortgage
and note, as appropriate;
c.
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Burlington
County Clerk's office after the termination of the affordability controls
for each restricted unit;
d.
Communicating with lenders regarding foreclosures; and
e.
Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resales and rerentals:
a.
Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability
of restricted units for resale or rerental; and
b.
Instituting and maintaining an effective means of communicating information
to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing requests from unit owners:
a.
Reviewing and approving requests for determination from owners of
restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
b.
Reviewing and approving requests to increase sales prices from owners
of restricted units who wish to make capital improvements to the units
that would affect the selling price, such authorizations to be limited
to those improvements resulting in additional bedrooms or bathrooms
and the depreciated cost of central air conditioning systems;
c.
Notifying the municipality of an owner's intent to sell a restricted
unit; and
d.
Making determinations on requests by owners of restricted units for
hardship waivers.
6.
Enforcement:
a.
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
b.
Securing from all developers and sponsors of restricted units, at
the earliest point of contact in the processing of the project or
development, written acknowledgment of the requirement that no restricted
unit can be offered, or in any other way committed, to any person,
other than a household duly certified to the unit by the Administrative
Agent;
c.
The posting annually in all rental properties, including legal two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent or other charges can be made;
d.
Sending annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
e.
Establishing a program for diverting unlawful rent payments to the
municipality's Affordable Housing Trust Fund or other appropriate
municipal fund approved by the DCA; and
f.
Creating and publishing a written operating manual, as approved by
COAH, setting forth procedures for administering the affordability
controls.
7.
Additional responsibilities:
a.
The Administrative Agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
b.
The Administrative Agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time for their submission by the
Municipal Housing Liaison to the Court, as required by the Court.
c.
The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by the Court.
U.
Affirmative marketing requirements.
1.
The Township shall adopt by resolution an Affirmative Marketing Plan,
subject to approval of the Court, that is compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
2.
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs marketing activities toward
COAH Housing Region 5 and is required to be followed throughout the
period of restriction.
a.
The Township shall add to the list of community and regional organizations
in its Affirmative Marketing Plan, pursuant to N.J.A.C. 5:80-26.15(f)(5),
Fair Share Housing Center; the New Jersey State Conference of the
NAACP; the Southern Burlington County, Willingboro, Camden County
and Camden County East Branches of the NAACP; and the Latino Action
Network. The Township also agrees to require any other entities, including
developers or persons or companies retained to do affirmative marketing,
to comply with this subsection.
3.
The Affirmative Marketing Plan shall provide a preference for veterans
of military service as permitted by law. It shall also provide regional
preference for all households that live and/or work in COAH Housing
Region 5, comprised of Burlington, Camden and Gloucester Counties.
4.
The municipality has the ultimate responsibility for adopting the
Affirmative Marketing Plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The Administrative Agent designated by
the Township of Medford shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
5.
In implementing the Affirmative Marketing Plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
6.
The Affirmative Marketing Plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the Affirmative Marketing Plan, the Administrative Agent shall consider
the use of language translations where appropriate.
7.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
8.
Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
9.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
V.
Enforcement of affordable housing regulations.
1.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the Township
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
2.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
a.
The Township may file a court action in Superior Court pursuant to
N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations
governing the affordable housing unit. If the owner, developer or
tenant is adjudged by the Court to have violated any provision of
the regulations governing affordable housing units, the owner, developer
or tenant shall be subject to one or more of the following penalties,
at the discretion of the Superior Court:
(1)
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
(2)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Medford Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(3)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Superior Court.
b.
The Township may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any such judgment shall be enforceable as if the same were a judgment
of default of the first purchase money mortgage and shall constitute
a lien against the low- or moderate-income unit.
(1)
The judgment shall be enforceable, at the option of the Township,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(2)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the Township for any and all costs and expenses
incurred in connection with either the court action resulting in the
judgment of violation or the Sheriff's sale. In the event that the
proceeds from the Sheriff's sale are insufficient to reimburse the
Township in full as aforesaid, the violating owner shall be personally
responsible for the full extent of such deficiency, in addition to
any and all costs incurred by the municipality in connection with
collecting such deficiency. In the event that a surplus remains after
satisfying all of the above, such surplus, if any, shall be placed
in escrow by the Township for the owner and shall be held in such
escrow for a maximum period of two years or until such earlier time
as the owner shall make a claim with the municipality for such. Failure
of the owner to claim such balance within the two-year period shall
automatically result in a forfeiture of such balance to the municipality.
Any interest accrued or earned on such balance while being held in
escrow shall belong to and shall be paid to the Township, whether
such balance shall be paid to the owner or forfeited to the municipality.
(3)
Foreclosure by the Township due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(4)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the Township may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(5)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(6)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units such time as title is conveyed from the owner.
W.
Reporting.
1.
On the first anniversary of the entry of the execution of the Township's
agreement with FSHC in IMO Application of the Township of Medford,
Docket No. MID-L-3929-15, and every anniversary thereafter through
the end of the repose period, the Township shall provide annual reporting
of its Affordable Housing Trust Fund activity to the DCA, COAH or
Local Government Services, or other entity designated by the State
of New Jersey, with a copy provided to FSHC and posted on the municipal
website, using forms developed for this purpose by DCA, COAH or Local
Government Services. The reporting shall include an accounting of
all Affordable Housing Trust Fund activity, including the source and
amount of funds collected and the amount and purpose for which any
funds have been expended.
2.
On the first anniversary of the execution of the Township's agreement
with FSHC in IMO Application of the Township of Medford, Docket No.
MID-L-3929-15, and every anniversary thereafter through the end of
the repose period, the Township shall provide annual reporting of
the status of all affordable housing activity within the municipality
through posting on the municipal website, with copies provided to
FSHC, using forms previously developed for this purpose by COAH or
any other forms endorsed by the Court-appointed Special Master and
FSHC.
3.
For the midpoint realistic opportunity review due on July 1, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Township shall post
on its municipal website, with copies provided to FSHC, a status report
as to its implementation of its Plan and an analysis of whether any
unbuilt sites or unfulfilled mechanisms continue to present a realistic
opportunity. Such posting shall invite any interested party to submit
comments to the Township, with copies provided to FSHC, regarding
whether any sites no longer present a realistic opportunity and should
be replaced. Any interested party may by motion request a hearing
before the Court regarding these issues.
4.
For the review of very-low-income housing requirements required by
N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of
the entry of the order granting Medford a final judgment of compliance
and repose in IMO Application of the Township of Medford, Docket No.
MID-L-3929-15, and every third year thereafter, the Township will
post on its municipal website, with copies provided to FSHC, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements. Such posting shall
invite any interested party to submit comments to the Township, with
copies provided to FSHC, on the issue of whether the municipality
has complied with its very-low-income housing obligation.
X.
Appeals. Appeals from all decisions of an Administrative Agent appointed
pursuant to this section shall be filed, in writing, with the Superior
Court unless the Superior Court delegates this responsibility.
Y.
Repealer. All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
Z.
Severability. If any section, subsection, sentence, clause, phrase
or portion of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
AA.
Effective date. This section shall take effect upon passage and publication
as provided by law.
[Added 12-5-2011 by Ord.
No. 2011-15]
A.
In the FD, RGD-2 and RS-2 Districts, clustering of single-family
detached dwellings shall be required whenever two or more units are
proposed as part of a residential development. The following standards
shall apply:
2.
The number of residential lots permitted within the cluster shall
be calculated on the basis of the size of the parcel of land and the
density permitted in Subsection A.1 above, with a bonus applied as
follows:
|
Parcel Size
|
RGD-2 Zone
|
RS-2 Zone
|
FD Zone
|
|---|---|---|---|
|
<50 acres
|
0
|
0
|
0
|
|
50-99.99 acres
|
10%
|
15%
|
25%
|
|
100-149.99 acres
|
15%
|
20%
|
30%
|
|
> 150 acres
|
20%
|
25%
|
40%
|
3.
The residential cluster shall be located on the parcel such that
the development area:
4.
Development within the residential cluster shall be designed as follows:
a.
Residential lots shall be one acre in size but may be larger if dictated
by unusual site conditions. In no case shall the average size of residential
lots within a cluster exceed 1.1 acres;
c.
Individual on-site septic wastewater treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the waste
that comply with the standards of § 521.M.2.b(4) may serve
the lots within the cluster development area. However, in the event
that existing agricultural uses will continue on the parcel in accordance
with Subsection A.5.b(2) below, individual on-site septic wastewater
treatment systems shall comply with the standards of §§ 521.M.2.b(5)
or (6). Community on-site wastewater treatment systems serving two
or more residential dwelling units which meet the standards of §§ 521.M.2.b(5)
or (6) shall also be permitted;
d.
The residential cluster development area shall include such land
and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
e.
Permitted recreation amenities may include playgrounds, tot lots,
swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.
5.
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Medford Township
or incorporated as part of one of the lots within the cluster development
area.
a.
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Medford Township or another public agency or nonprofit organization.
In all cases, such restriction shall be expressly enforceable by the
Pinelands Commission; and
b.
The deed of restriction shall permit the parcel to be managed for:
(1)
Low-intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% of the land may be covered with impervious surfaces, and any
such uses or activities are approved and conducted in accordance with
the requirements of this ordinance; and
(2)
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
(a)
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%.
(b)
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;
(c)
For those agricultural uses established after April
6, 2009, which do not meet the standards of Subsection A.5.b(2)(b)
above, the deed of restriction shall permit the land to be managed
only in accordance with Subsection A.5.b(1) above and shall not provide
for continuation of any agricultural use on the parcel;
(d)
The deed of restriction to be recorded pursuant
to Subsection A.5.b(2)(a) or (b) above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a resource management
system plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
resource management system plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and
(e)
For parcels which meet the standards of Subsection
A.5.b(2)(a) or (b) above, a provision shall be recorded in the deed
for each residential lot within the cluster development area which
acknowledges agricultural use of the protected land outside the cluster
development area and recognizes the legal protections afforded to
that use through the deed of restriction and any applicable statutes.
