[Ord. No. 594; Ord. No. 659-2017; amended 12-15-2022 by Ord. No.
720]
In all zoning districts, any structure or use allowed as necessary
to support a customary incidental use in connection with a permitted
residential use on the same lot shall be set back from the rear and
side yard property lines as provided in the Schedule of District Regulations
for the zoning district in which they are located. If the height of
the proposed accessory use or structure exceeds a setback distance
set as stipulated in the Schedule of District Regulations for the
zoning district in which it is to be located, then the setback to
the side and rear yards shall be no less than ten (10) feet or the
height of the structure, whichever is greater. Unless specifically
permitted by the Land Use Board in site plan review, no accessory
structure shall be located in front of the front yard building setback
line.
A.
The following shall apply to accessory structures on all single-family
residential lots:
1.
The total area of all accessory structures on a residential lot shall
not exceed two (2) times the total habitable floor area of the principal
structure and attached garage.
2.
Notwithstanding the above, no single accessory structure shall exceed
two thousand five hundred (2,500) square feet.
3.
Trailers/shipping containers may be used for storage on single-family
properties in accordance with the following:
b.
The shipping container shall only be permitted in a rear or side
yard and shall be screened from view from all property lines.
c.
Screening may include a solid fence or vegetation or combination
of the two.
d.
In the alternative to the required screening, the container may be
designed to look like a building with roof features and siding.
B.
Properties that are qualified farms with an active agricultural operation are not limited to subsection 35-8.1A1 and 2 above, provided the accessory structure is to be utilized for the farming/agricultural operation.
C.
The accessory use shall be used in the computation of building and
total lot coverage if deemed to have created an impervious cover to
the ground whereon it is located. For example, a garden shed set on
cement blocks shall not be deemed to have made the ground beneath
impervious.
D.
The Zoning Officer is hereby authorized to grant a one-time approval
of a commercial accessory building not exceeding two hundred forty
(240) square feet in area without prior approval from the Land Use
Board, provided that all applicable setback requirements can be met.
E.
Home Professional Office (as defined in this chapter under subsection 35-3.3).
1.
Where single-family residential units are a permitted use, they may
have a home professional office as a permitted accessory use in accordance
with the following:
a.
A home professional office would not employ anyone on-site.
b.
An example of a home professional office is a business, profession,
occupation or trade conducted for gain or support by a resident of
the dwelling unit and is incidental and secondary to the use of the
dwelling unit.
c.
A home professional office shall not include retail sales to the
general public unless through mail, internet, or another similar service
wherein the retail customers are not visiting the residential unit.
d.
A home professional office may not have large delivery trucks delivering
to the residential property. UPS and FedEx size vehicles are not included
in this restriction.
The owner of any dwelling of three (3) or more bedrooms and
which dwelling is in conformance with the regulations of the district
in which it is located, may convert such dwelling into two (2) or
more one-family dwelling units, but only upon compliance with the
following terms and conditions:
A.
There shall be no more than one (1) dwelling unit resulting from
conversion for every one-half acre of land contained in the involved
lot, except that within the Pinelands Protection Area there shall
be no more than one (1) dwelling unit resulting from conversion for
every three-point-two (3.2) acres of land contained in the involved
lot.
B.
Each dwelling unit resulting from a conversion shall contain at least
two (2) rooms in addition to a bathroom and kitchen and shall encompass
a minimum of six hundred (600) square feet of habitable floor area.
C.
Each room resulting from such conversion shall have safe, adequate
and convenient means of access and egress which complies with the
requirements of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1,
et seq. Also, in compliance with said Hotel and Multiple Dwelling
Act, each unit resulting from such conversion shall be of reasonable
size for the use intended and shall have adequate light and air from
the outside.
D.
The ground floor area of the original dwelling shall not be enlarged
nor the number of stories increased in connection with any dwelling
unit conversion.
E.
There shall be no external entrance that faces a street and that
is separate from any other external entrance to any dwelling in the
same structure on the same lot facing the same street, but this restriction
shall not apply to two (2) or more entrances in existence on the date
of this chapter's enactment. In addition, the present existing exterior
architectural design of the original dwelling shall be maintained
to the greatest extent possible to preserve the single-family dwelling
character of the neighborhood.
Fences, walls and hedges may be erected, altered or reconstructed
in accordance with the following regulations:
A.
In any zoning district, fences, walls and hedges may be located within
yard areas so long as they do not encroach on public rights-of-way
or neighboring properties and subject to the following:
1.
Any fence, wall or hedge along the sides and front edge of any front
yard area shall not exceed a height of two and one-half (2.5) feet,
or four (4) feet where the fence, wall or hedge is not more than twenty-five
percent (25%) opaque. In all other areas of the property, a fence,
wall or hedge shall not exceed six (6) feet in height with the exception
of fences required for tennis courts, swimming pools and dog runs
which in all such cases may not exceed ten (10) feet in height.
4.
Fences and walls in excess of six (6) feet in height shall require
a zoning and construction permit. All retaining walls require a zoning
and construction permit.
5.
For purposes of this Section, a "hedge" shall be defined as any clustering
or configuration of plant material in such a manner as to permanently
or temporarily prohibit or inhibit unrestricted travel between properties
or portions of properties or between the street or public rights-of-way
and a property.
6.
All hedges shall be planted at a distance from the adjoining property
equal to the full growth diameter of the plant used in said hedges
plus two (2) additional feet so as to prevent overhang or over growth
onto adjoining properties. All hedges shall be kept neatly trimmed
so as to prevent overhang or intrusion onto adjoining properties,
sidewalks, or public rights-of-way.
7.
With the exception of a commercial farm operation and in accordance with the provisions of Section 35-9.8, "Keeping of Animals and Livestock, Kennels and Land Use Activities Involving Animals," no pen for the keeping of animals regardless of the time period said animals are to be so confined, shall be located closer than ten (10) feet from any property line and shall be prohibited in the front yard area of any lot. For purposes of this subsection, a pen shall be defined as a small enclosure of one hundred (100) square feet or less in which livestock or other animals are kept.
B.
The Zoning Officer may modify the above noted requirements upon request
wherein it is deemed reasonable and appropriate to require the installation
of a buffer between two (2) properties in order to shield a residential
use from a nonresidential use on an adjoining property or from some
other objectionable condition or nuisance reasonably expected such
as, but not limited to, a heavily traveled thoroughfare, to provide
privacy to a residential property, or create a barrier to intrusions
of noise, glare, trash or trespass by persons, animals or vehicles.
In no case shall the above be modified by the Zoning Officer if the following items are not provided and shown as conforming. If the request to modify any of the items under subsection 35-8.3A above does not conform to the listed items below, the Zoning Officer shall refer the applicant to the Land Use Board for a variance.
[Amended 12-15-2022 by Ord. No. 720]
1.
The fence may not exceed six (6) feet in height.
2.
The fence is shown on a signed and sealed plot plan which shows the
existing conditions of the property.
3.
The plot plan shows all required sight triangles for intersecting streets and driveways per subsection 35-6.10 of this chapter. No fence is proposed in any sight triangle.
4.
If the fence over four (4) feet in height per subsection 35-8.3A1, above, is proposed in a front yard as a barrier to a heavily traveled roadway, the fence must be set back a minimum of fifteen (15) feet from the front property line. ("Front property line" is defined under subsection 35-3.3 as "lot line, front.")
C.
At the intersection of two (2) or more streets or driveways and a
street or driveway in any zoning district, no fences, walls or hedges,
other than a traffic sign post or tree, which is higher than three
(3) feet above curb level, shall be permitted.
D.
Construction. All fences shall be constructed in accordance with
the following standards:
1.
The following fences and fence materials are specifically prohibited:
razor-wire fences, sharp pointed fences, canvas, and cloth fences.
Commercial and industrial uses may have fences topped with a protective
wire.
2.
All fences shall be constructed in a manner which shall not be dangerous
to persons or animals.
3.
All fences shall be permanent construction and shall withstand a
wind load of fifteen (15) pounds per square foot.
4.
All fences shall be constructed or installed with stringers facing
inwards.
5.
Whenever an electrified fence is to be installed adjacent to a residentially
zoned or used property (that is, it has a dwelling upon it), said
fence shall have a non-electrified fence installed between it and
the property line for the entire distance of said property line so
as to prevent children or animals from accidentally coming into contact
with the electrified fencing. This provision shall not apply to a
commercial farming operation.
E.
Every fence or wall shall be maintained in a safe, structurally sound, upright condition and in accordance with the approved plan on file with the Construction Official or Zoning Officer. If the Zoning Officer or Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, structurally sound, upright condition, said Officer or Official shall notify the owner of said fence or wall in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed in accordance with the provisions of Section 35-15.7.
F.
No fence or wall hereafter erected, altered or reconstructed in any
residential zoning district shall exceed the height restrictions set
forth in this section. In all other zoning districts, fences shall
not exceed ten (10) feet in height unless specifically approved as
part of site plan review by the Land Use Board.
G.
The foregoing restrictions shall not be applied so as to prevent
the erection of an open wire or chain link fence exceeding fifteen
(15) feet in height above ground level anywhere within a public park,
public playground or public school property. These restrictions shall
also not be applied so as to restrict the erection of a wall for the
purpose of retaining earth subject to the appropriate approvals set
forth in the Uniform Construction Code.
A.
Purpose. The specific purpose and intent of this Section is to prevent
excessive and unsafe development in areas deemed unfit by reason of
flood danger, unsanitary conditions and related hazards; to minimize
danger to public health by protecting water supplies, groundwater
recharge and natural drainage systems; and to promote the health,
safety and welfare of the residents of Maurice River Township who
live or own property in or near streams and areas subject to flooding.
B.
Floodplain delineation. The areas of special flood hazard identified
by the Federal Insurance Administration on its Flood Insurance Rate
Map (FIRM), are hereby adopted by reference and declared to be a part
of this chapter. The FIRM is on file in the Construction Official's
Office, Municipal Building, Leesburg, New Jersey 08327.
C.
Floodplain management. The standards and regulations set forth herein
shall apply to all areas defined as floodplains, flood ways or flood
hazard areas as defined by this chapter.
1.
Permitted uses:
a.
Within the floodway of any floodplain area, the following uses, excluding
structures, and no other shall be permitted:
(1)
Pasture and grazing land.
(2)
Recreational areas not requiring regrading or removal of trees,
shrubs or ground cover,, such as a park, picnic grove or boating club,
but excluding closed structures or storage areas.
(3)
Game farm or fish hatchery.
(4)
Hunting and fishing preserve.
(5)
Wildlife sanctuary, woodland preserve or arboretum.
(6)
Open spaces needed to meet yard and area requirements for any
permitted use in the zoning district which said use is located.
b.
Within the remaining portions of floodplain areas, all uses listed
in listed in Section 35-8.4C1a above, together with those uses permitted
and regulated by this chapter for the zoning district in which the
area is located as said zoning districts are set forth and delineated
on the Zoning Map of Maurice River Township shall be permitted provided
that:
(1)
The minimum lot area shall be two (2) acres.
(2)
The maximum lot coverage shall be five percent (5%).
(3)
Any structure proposed to be erected, constructed or located
shall not have a basement.
(4)
First floor elevations of any structure or structures shall
have their lowest floor elevation at or above the 100-year flood elevation
based on the FIRM map or an engineering study of the 100-year floodway
of any adjoining stream, whichever is greater.
(6)
Any new construction or substantial improvements shall be provided
for with:
(a)
Protection against flood damage.
(b)
Is designed (or modified) and anchored to prevent flotation,
collapse or lateral movement of the structure.
(c)
Uses construction materials and utility equipment that are resistant
to flood damage.
(d)
Uses construction methods and practices that will minimize flood
damage.
(e)
Compliance with Township Ordinance No. 336, adopted March 19,
1987, as amended and supplemented.
(7)
New or replacement water supply systems and/or sanitary sewer
systems are to be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into
flood waters, and on-site waste disposal systems are to be located
so as to avoid impairment to them or contamination from them during
flooding conditions.
(8)
No vegetation removal or regrading of the site shall be carried
out unless expressly permitted by the Maurice River Township Land
Use Board after site plan review and a determination by said Board
that any land disturbance activity is the minimum required to accomplish
the use to be permitted.
c.
Where less than twenty percent (20%) of an existing lot is located
within a floodplain area, the uses as permitted and regulated by this
chapter for the zone district in which the area is located shall apply,
provided that no structures are placed within the floodplain area.
In the case of lots split by the floodplain area designation, all
construction and accompanying land disturbance activities shall take
place outside the floodplain area, and all minimum yard dimensions
and maximum lot coverage of the entire tract or lot shall be observed,
unless construction within or land disturbance of the floodplain is
permitted in accordance with the provisions of this Section.
d.
No nonconforming uses created as a result of the enactment of these
regulations shall be expanded or rebuilt or reestablished in the event
of their destruction or abandonment, except as provided in this Section.
2.
Municipal Liability. The granting of a zoning permit in the floodplain
area shall not constitute a representation, guaranty or warranty of
any kind by the Township of Maurice River or by any official or employee
thereof of the practicability and safety or floodplain status of the
proposed use or structure, nor shall the granting of a permit create
any liability upon the Township of Maurice River, its officials or
employees.
[Ord. No. 594; Ord. No. 620 § 5]
A.
Purpose. It is intent and purpose of this section to recognize that
woodlands are an important cultural, ecological, scenic and economic
resource worthy of protection and stewardship. Proper management of
this resource will insure its maintenance for all forest benefits
including but not limited to watershed protection, wildlife habitat,
recreational opportunities, the natural aesthetic appearance of the
community, and the economic returns of harvested timber. For these
reasons, the woodlands must be preserved, protected, enhanced and
maintained. The forestry regulations set forth herein below is intended
to meet these objectives by providing opportunities for the continuing
use of the Township's forest resources which are compatible with the
maintenance of the environment. This can be accomplished by the improvement
of the forests through the application of sound management practices.
B.
Permit required. No forestry 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 permit shall be
required for the following forestry activities:
1.
Normal and customary forestry practices on residentially improved
parcels of land that are five (5) acres or less in size;
2.
Tree harvesting, provided that no more than one (1) cord of wood
per five (5) acres of land is harvested in any one (1) year and that
no more than five (5) cords of wood are harvested form the entire
parcel in any one (1) year.
3.
Tree planting, provided that the area to be planted does not exceed
five (5) acres in any one (1) 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 (5) acres in any one (1) year; and
5.
Prescribed burning and the clearing and maintaining of fire breaks.
6.
Any dead, diseased or other tree that is likely to endanger life
or property.
C.
Forestry application requirements. The information in Subsection
C1 or 2 below shall be submitted to the Township Zoning Officer prior
to the issuance of any forestry permit:
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- (5 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 C2g(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 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 10-,
20-, and 40-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:
[1]
Stand improvement practices;
[2]
Site preparation practices;
[3]
Harvesting practices;
[4]
Regeneration and reforestation practices;
[5]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[6]
Herbicide treatments;
[7]
Silvicultural treatment alternatives;
[8]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[9]
Implementation instructions; and
[10]
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
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 Sections 35-11.4J and 35-11.4AA of this chapter;
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 Section 35-11.4k of this chapter;
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 D9b 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 D below; and
m.
A Certificate of Filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34; and
D.
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
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 Sections 35-11.4J and 35-11.4AA1 of this chapter. 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 Section 35-11.4k
of this chapter;
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 twenty-five (25) feet in width.
Where soils are severely erodible, slopes exceed ten percent (10%)
or streamside vegetation is not vigorous, the streamside management
zone shall be increased up to a maximum of seventy (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 ten percent (10%), an undisturbed
buffer strip of at least twenty-five (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 C2j 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 (6) 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 twenty-five (25) feet in width, or to create scattered early successional
habitats under two (2) 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 (2) passes shall be permitted except to create
scattered early successional habitats under two (2) 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, 180-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 three hundred (300) acres or five percent
(5%) of a parcel, whichever is greater, during any permit period;
(3)
A 50-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 25-acre or larger
clearcut from other 25-acre or larger clearcuts, coppice cuts and
seed tree cuts that occur within a 15-year period. The buffer strip
separating two (2) 25-acre harvests shall be fifty (50) feet in width
and, for a larger harvest, shall increase in width by one (1) foot
for each acre of that harvest above twenty-five (25), to a maximum
of three hundred (300) feet in width;
(5)
Where present on a parcel, a minimum of eighteen (18) dead snags
per acre of at least ten (10) inches diameter breast height (DBH)
and six (6) feet in height shall be left on the parcel for a minimum
of five (5) 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 five hundred (500) acres in size or ten
percent (10%) of a parcel, whichever is greater, during any permit
period;
(2)
A 50-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 25-acre or larger
coppice cut from other 25-acre or larger clearcuts, coppice cuts and
seed tree cuts that occur within a 15-year period. The buffer strip
separating two (2) 25-acre harvests shall be fifty (50) feet in width
and, for a larger harvest, shall increase in width by one (1) foot
for each acre of that harvest above twenty-five (25), to a maximum
of three hundred (300) feet in width;
(4)
Where present on a parcel, a minimum of eighteen (18) dead snags
per acre of at least ten (10) inches DBH and six (6) feet in height
shall be left on the parcel for a minimum of five (5) 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 five hundred (500) acres in size or ten
percent (10%) of a parcel, whichever is greater, during any permit
period;
(2)
A 50-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 25-acre or larger
seed tree cut from other 25-acre or larger clearcuts, coppice cuts
and seed tree cuts that occur within a 15-year period. The buffer
strip separating two (2) 25-acre harvests shall be fifty (50) feet
in width and, for a larger harvest, shall increase in width by one
(1) foot for each acre of that harvest above twenty-five (25), to
a maximum of three hundred (300) feet in width;
(4)
Where present on a parcel, a minimum of eighteen (18) dead snags
per acre of at least ten (10) inches DBH and six (6) feet in height
shall be left on the parcel for a minimum of five (5) 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 (7) 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 D11b below; and
b.
Artificial regeneration shall be permitted in all Pinelands Native
Forest Types provided that:
(1)
The use of non-native 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.
E.
Administration of forestry.
1.
Applications for forestry permits to the Zoning Officer and shall be accompanied by an application fee and escrow deposit, where applicable, as set forth in Section 35-14.1G.
2.
Within fourteen (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 fourteen (14) days,
the application shall be considered to be complete as of the fifteenth
(15th) day following submission.
3.
Within forty-five (45) days of determining an application to be complete pursuant to Subsection E2 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 Section 35-8.5C above or disapprove any application which does not meet the requirements of Section 35-8.5C 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 E3 above, the applicant shall have thirty (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 Section 35-8.5C above and shall, within fourteen (14) days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E3 above.
5.
Failure of the Zoning Officer to act within the time period prescribed
in Subsections E3 and E4 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.
7.
Once issued, forestry permits shall be valid for a period of ten
(10) years. Within the Pinelands Area, nothing in this section shall
be construed to prohibit any person from securing additional permits,
provided that the requirements of this chapter and the Pinelands Comprehensive
Management Plan are met. Outside the Pinelands Area, no single applicant
or property owner in any one (1) calendar year shall be issued:
a.
More than two (2) permits for ongoing forestry operations at any
one time. Issuance of further permits shall be dependent upon the
Zoning Officer's certification that woodcutting for one or both of
the current permits has been completed in a satisfactory manner as
provided herein and such certification shall not be unreasonably withheld.
b.
More than a total of three (3) permits regardless of the acreage
involved in any one or all three (3) permits.
8.
Anything to the contrary notwithstanding, no more than one thousand
three hundred (1,300) acres within the Township shall be subject to
harvesting in any given year. The Zoning Officer shall maintain a
current tally of the number by same and the number of acres subject
to harvesting in any given year. The Zoning Officer shall submit to
the Land Use Board an annual report on zoning permit applications
received for forestry.
Outside the Pinelands Area, during any one (1) calendar year
only one (1) forestry permit shall be issued for any one (1) tract
or parcel of land regardless of the said parcel or tract size, ownership
or the applicant involved. The Zoning Officer shall maintain a current
tally of the number of active forestry permits issued.
F.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E3 above, the applicant shall be required to pay an administrative fee as per Section 35-14.1 of the chapter which shall serve as reimbursement for any administrative costs incurred by the Township during the ten year permit period. The applicant shall not be subject to any additional fees for the duration of the forestry permit.
G.
Notification of harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with seventy-two (72)
hours written notice of the intention to begin harvesting operations.
H.
Woodcutting or clear cutting of small tracts, filing of letter of
intent.
1.
Prior to cutting wood on any tract or parcel of land within the Township of less than five (5) acres and which is not subject to forestry regulations as set forth herein subsections A through G above, the person proposing to cut wood shall file with the Township Zoning Officer a letter of intent to undertake woodcutting as required in Subsection H2 below. The letter of intent shall be delivered to the office of the Township Zoning Officer or sent by certified mail to said office at least ten (10) days before commencing said woodcutting operation. No woodcutting shall commence until ten (10) days after the letter of intent is submitted or sent by certified mail to the Zoning Officer.
Notwithstanding the provisions herein, the requirement for filing
a letter of intent to undertake woodcutting or clear cut any tract
or parcel of land as required hereinabove shall not be applicable
to:
a.
Any tree located on a parcel of land one acre or less in size on
which a residence has been constructed or is being constructed (building
permit issued);
b.
Any tree located on a parcel of land proposed for development which
has received approval of the Land Use Board or a zoning permit and
which has as part of the process of obtaining said approval or permit
addressed the issue of the removal of trees from the land proposed
for development;
c.
Any tree growing on property actually being used as a nursery, garden
center, Christmas tree plantation, or an orchard;
d.
Any tree growing on a public right-of-way or on land being used for
a sanitary landfill;
e.
Any tree to be cut for personal use by the owner; or
f.
Any dead, diseased, or other tree that is likely to endanger life
or property provided that said tree cutting does not involve more
than five (5) trees or the clear cutting or more than one (1) acre
of land.
2.
The letter of intent required to be filed with the Zoning Officer
as noted in Subsection H1 above, shall include the following:
a.
The name, current address and telephone number of the person proposing
to undertake the woodcutting.
b.
The address including Township tax map block and lot numbers for
the parcel(s) wherein the proposed woodcutting is to occur.
c.
The name and address of the owner of the property identified in subsection
b above where the woodcutting is to take place.
d.
If the property wherein the woodcutting is to take place is not owned
by the person proposing to cut wood, documentation from the owner
of the property that the person proposing to cut wood has permission
to do so.
e.
The estimated amount of wood to be cut and a brief identification
of the number, type and size of trees to be cut.
f.
A schedule for when the woodcutting is to take place.
g.
The purpose of the woodcutting, e.g., to clear land for permitted
development, sale of wood, removal of diseased or damaged trees.
3.
All woodcutting or clear cutting of a property shall conform to the
following requirements:
b.
No woodcutting operation shall involve more than two (2) separate
tracts or parcels of land as shown on the current tax map of the Township.
c.
During any one (1) calendar year only one (1) woodcutting operation
shall be allowed on any one (1) tract or parcel of land regardless
of the said parcel or tract size, ownership or the person undertaking
the woodcutting unless authorized by the Land Use Board.
4.
Upon receipt of a letter of intent to undertake woodcutting or clear
cutting of a tract or parcel of land as required herein, the Zoning
Officer shall review said letter to assure that the proposed woodcutting
or clear cutting activity is in accordance with the requirements of
applicable regulations. If the activity is in compliance with said
requirements, the Zoning Officer shall maintain a log of the activity
for reference and further action if required as result of violation
of the said requirements during the woodcutting or clear cutting activity.
If the review of the letter of intent by the Zoning Officer
is not in compliance with the requirements of applicable regulations,
then the Zoning Officer shall immediately notify the person filing
the letter of intent of said noncompliance and prohibiting said woodcutting
or clear cutting from commencing.
Once woodcutting or clear cutting has already commenced, the
Zoning Officer shall notify the person filing the letter of intent
of any noncompliance and a cease work order until said noncompliance
is corrected.
For purposes of this Section, a home occupation, a home professional occupation, and a village commercial home occupation as defined in Section 35-3.3 shall be subject to the following conditions and requirements:
A.
Home occupation or home professional occupation. A home-based business
or occupation operated by a resident or residents of the dwelling
unit wherein said business is located shall be permitted in all residential
districts within the Township as an accessory use as set forth in
the Schedule of District Regulations, subject to the issuance of a
zoning permit and complying with the following requirements:
1.
The home occupation shall be owned and operated by a resident or
residents of the dwelling and shall employ no more than two (2) non-residents
of the dwelling wherein the home occupation is located. There shall
be only one (1) home occupation per residence or dwelling unit. If
the home occupation is located within an apartment, then it may not
employ non-residents or be a business that requires or depends upon
on-site client or patron visits or more deliveries than might be expected
if the apartment was solely used for residential purposes, generally
considered for purposes of this section as not more than one (1) delivery
every three (3) days.
2.
The home occupation use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and the exterior appearance of the structure or premises is designed, constructed and maintained as a residential dwelling. No goods shall be displayed on the premises or visible from the street except in the case of an artisan's display as provided for in Section 35-9.17B of this chapter and the Zoning Officer finds that such display is so justified. Additionally, the home occupation shall be located within a dwelling unit suited to the business or occupation to be undertaken therein and shall be on property capable of supporting parking for its employees and clients or guests in addition to that required for the home itself.
3.
No more than twenty-five percent (25%) of the principal residential
structure, nor more than seven hundred fifty (750) square feet of
any accessory structure shall be used or occupied by the home occupation.
4.
Parking spaces required to be provided in accordance with the provisions of Section 35-8.8 herein this chapter in addition to those required for the residential unit(s) shall not be located in any required front yard areas. In the case of a home of a doctor's or lawyer's office, hairstylist, or similar home professional occupation, parking requirements shall be based on Section 35-8.8 for said uses. Should parking requirements result in an excess of three (3) additional parking spaces in addition to those required for a residential use, then said home occupation will be subject to site plan review as provided in Section 35-13.1 herein this chapter.
5.
Signs as provided for in Section 35-8.13 are permissible and subject to the requirements of Section 35-8.13 and in particular, Subsection 35-8.13D15.
7.
All applications for home occupations and home professional occupations
shall be subject to review by the Construction Official and the issuance
of a certificate of occupancy.
B.
Village commercial home occupation. It is the intent of this Subsection
to allow more intense, commercial type activity as a home occupation
within "village" designated and zoned areas of the community. The
village commercial home occupation is different from a home occupation
or a home professional occupation in that it is intended to permit
residents of the village to conduct from their home commercial activities
in a scope, operation and size commensurate with the "village" in
which it is located and more intense a commercial use of the residential
property. The occupation, artistic pursuit, craft or commercial activity
to be conducted for gain or support of the resident owner shall be
directly related to serving the needs of the village, its residents
or visitors. Any village commercial home occupation shall meet the
following conditions:
1.
The residence wherein the village commercial home occupation is to
be located shall be: (1) on an arterial or collector street within
a PVC-5 Pinelands Village Center, VC Village Center or VR Village
Residential Zoning District; or (2) within a PVB Pinelands Village
Business, PVHB Pinelands Village Highway Business, VB Village Business
or VHB Village Highway Business Zoning District.
2.
A village home commercial occupation shall be carried out as prescribed
in Subsection B1 and be subject to the following conditions and standards:
a.
The village home commercial occupation shall be clearly incidental
and secondary to the use of the dwelling in which it is located for
residential purposes.
b.
Allowable area to be used or occupied by the village commercial home
occupation shall be no more than thirty percent (30%) of the principal
residential structure, or in more than one thousand (1,000) square
feet of any accessory structure.
c.
The exterior appearance of the structure or premises may be modified to allow for the display of goods or the placement of an artisans display as per Section 35-9.17 herein this chapter. No display of goods shall be closer than ten (10) feet to a street right-of-way line. The use of porches to display goods shall be permissible for village commercial home occupations in accordance with the provisions of Section 35-9.17B of this chapter.
d.
The occupation, artistic pursuit, craft or commercial activity is
to be intended to serve needs of the immediate village environs as
defined by the village zoning district boundaries and visitors drawn
to the village by cultural, ecological, recreational or historical
resources or events therein.
For purposes of this subsection, "commercial activity" shall
be limited to products or services related to the village residents'
or visitors needs and merchandise related to or indicative of the
village's culture, ecology, history, and recreational resources, or
similar products; and general services like hairstyling, professional
services, business or financial services and similar service activities
including those catering to tourists or visitors.
e.
A village commercial home occupation shall operate only during daylight
hours unless otherwise allowed by the Land Use Board.
f.
A village commercial home occupation shall provided sufficient parking as determined by the standards in Section 35-8.8 herein either on- or off-site. In computing required parking spaces to be provided within a village zoning district, the Land Use Board may consider existing on street parking available to grant a waiver form some or all parking as provided in Section 35-8.8A of this chapter. Additionally, a village commercial home occupation which provides on-site shall provide pedestrian access ways for the use of its customers and patrons.
g.
Site plan review and approval shall be required for any village commercial home occupation as set forth in Section 35-13.1 of this chapter. In reviewing the site plan, the Land Use Board shall require sufficient buffers or limitations on hours of operations to avoid unnecessary or unreasonable detrimental effects on adjoining residential properties from the more intense commercial style activities herein allowed. In meeting these criteria, the Land Use Board shall be guided in determining the degree of buffer or limitation on whether or not the adjoining residential use also includes a village commercial home occupation.
Any activity not conforming to the provisions contained herein
this Section shall be deemed to be a commercial or business use and
treated accordingly as set forth in this chapter for such commercial
or business use. In the event that any home occupation, home professional
occupation or village home commercial occupation exceeds the limits
and restrictions of this Section as reasonably determined by the Land
Use Board, then it shall be deemed a commercial or business activity
subject to compliance with this chapter including the obtaining of
a variance for said activity.
Off-street loading and maneuvering space shall be provided for
the loading and unloading of vehicles on the lot on which is located
a use for which the loading space is required as set forth herein:
A.
A minimum of one (1) off-street loading space per nonresidential
use shall be provided, except that, where more than one (1) use shall
be located in one (1) building or where multiple uses are designed
as part of a self-contained complex, the number of loading spaces
shall be based on the cumulative number of square feet within the
building or complex and shall be dispersed throughout the site to
best serve the individual users.
B.
There shall be at least one (1) central point for trash/garbage pickup
in multi-family and nonresidential uses which shall be separate from
parking and loading areas by locating such facility either within
a building or outside of a building in a totally enclosed metal container(s),
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three. If located within the building, the doorway(s) may serve
both the loading and trash/garbage collections functions. If a container
is used for trash/garbage collection functions and is located outside
the building, it may be located adjacent to or within the general
loading area(s), provided that the container(s) do not interfere with
or restrict in any manner loading and unloading functions.
C.
The minimum number of spaces required per specific use shall be:
1.
Funeral home: one (1) space per two thousand five hundred (2,500)
square feet of floor area. Dimensions of a loading space for this
use may be reduced to thirty-three by twelve (33 x 12) feet.
2.
Hospitals: one (1) space per ten thousand (10,000) square feet of
gross floor area.
3.
Retail stores, excluding village commercial home occupations: one
(1) space per four thousand (4,000) square feet of gross floor area.
4.
Office uses: one (1) space per twenty thousand (20,000) square feet
of gross floor area.
5.
Warehousing, indoor storage, shipping and receiving facilities: one
(1) space per ten thousand (10,000) square feet of gross floor area.
6.
Research, testing, laboratory, manufacturing and assembly facilities:
one (1) space per twenty thousand (20,000) square feet of gross floor
area.
7.
Other uses: as determined by the Land Use Board based on the above
standards and the proposed use with consideration being given to the
volume and frequency of loading and delivery involved and the character
of the area in proximity.
D.
Where any use if located on a tract of at least fifty (50) acres
and no portion of a loading area, including maneuvering areas, is
closer than two hundred (200) feet to any property line and where
the length of the driveway connecting the loading area to the street
is at least three hundred (300) feet, the number of off-street loading
spaces may be fewer than the number required by the above schedule,
provided that the applicant, as part of the site plan application,
shall indicate on the site plan and shall document to the Land Use
Board that the number of spaces to be provided will be adequate to
meet the needs of the specific use proposed.
E.
The conformance of any use requiring load facilities shall remain
valid so long as such facilities are provided and maintained in accordance
with the following requirements:
1.
They shall be provided and maintained so long as the use exists which
the facilities are designed to serve.
2.
Reasonable precautions shall be taken by the owner or sponsor of
the particular use to assure the availability of required facilities
to the delivery and pickup vehicles that they are designed to serve.
F.
Access to a loading space shall be provided directly from a public
street or alley or from any right-of-way that will not interfere with
public convenience and that will permit orderly and safe movement
of trucks or delivery vehicles.
G.
Loading space(s) as required under this section shall be provided
as area in addition to off-street parking space and shall not be considered
as supplying off-street parking.
H.
Off-street loading spaces and maneuvering areas shall be surfaced
with a dustless, durable, all-weather pavement, which shall be adequately
drained, all subject to the approval of the Township Engineer.
I.
Any use which can reasonably be expected to have a number of trucks
making deliveries or pickups on a daily basis which may require delays
in order to make such deliveries and pickups shall, in addition to
any required loading space, provide truck waiting or standing area
in order to avoid undue or unsafe interference with the public use
of streets or alleys.
A.
Each building
or site which, after the effective date of this chapter, is erected,
enlarged or altered for any of the following uses in any district
shall provide and satisfactorily maintain the minimum number of off-street
parking spaces set forth herein. Where a particular building or site
contains more than one (1) of the following categories of uses, the
total parking requirements shall be the sum of the component parts.
|
OFF-STREET PARKING
| |
|---|---|
|
Type of Use
|
Minimum Parking Spaces
|
|
Residential uses:
Single-family, detached dwelling or mobile home
|
2 per unit provided on lot
|
|
Semi-detached or attached dwelling unit
|
2 per unit provided on lot
|
|
Apartments
|
1.8 per dwelling unit provided on lot
|
|
Commercial establishments or uses:
| |
|
Home occupation as per Section 35-8.6
|
1 per each employee not an occupant or resident of the home
in which the occupation is located, plus the requisite number of spaces
required for the residential uses on the lot and any activities of
the home occupation for which parking would be required such as client
or customer parking
|
|
Home occupation, bed and breakfast
|
Same as a home occupation plus 1 per each room available for
occupancy by guests
|
|
Village home commercial occupation
|
Same as a home occupation hereinabove
|
|
In the case of home occupations and village home occupations, the Land Use Board may grant waivers to providing on-site parking where it can be shown there is sufficient on-street or off-site parking existing within proximity of the proposed home occupation or village commercial home occupation or is made available to the home occupation or village commercial home occupation as set forth in Section 35-8.8C5 herein.
| |
|
Retail store, service business
|
1 per 150 sq. ft. of gross leasable floor area plus 1 for each
employee
|
|
Supermarkets
|
1 per every 150 square feet of gross floor area, plus 1 for
each employee
|
|
Service station
|
2.5 for each service bay
|
|
Theaters
|
1 for each four seats
|
|
Shopping center
|
5.5 per 1,000 square feet of gross leasable floor area
|
|
Bank
|
6 per teller window
|
|
Motels and hotels
|
1 per room plus 1 for each employee. If a meeting or conference
room or rooms are provided, then 1 for each 4 person of the rated
capacity of said rooms. If other uses are incorporated as part of
any motel or hotel, additional spaces shall be provided in accordance
with this Section.
|
|
Restaurant
|
1 per 3 seats devoted to service, plus 1 for each full-time
employee
|
|
Funeral home
|
10 plus 1 per each 50 square feet devoted to chapel or slumber
room and one for each employee
|
|
Offices:
| |
|
General
|
1 for each 200 square feet of gross leasable floor area, plus
1 for every 2 full-time employees
|
|
Medical, dental or veterinary
|
6 per doctor plus 1 per doctor or employee
|
|
Wholesale store or furniture store
|
Exclusive of storage space, 1 per 400 square feet, plus 1 for
each employee
|
|
Automotive sales or rental
|
1 per each 300 square feet of gross floor area, plus 1 for each
employee
|
|
Flea markets
|
3 per each table or booth, plus 1 per employee
|
|
Auction or outdoor sale
|
1 per each 150 square feet of gross floor or ground area utilized
for sale, plus 1 per employee present
|
|
Roadside stand
|
3 spaces plus 1 additional space per each 100 square feet of
display area in excess of 300 square feet
|
|
Community facilities:
| |
|
Church, house of worship
|
1 for each 3 seats or at least 1 for each 50 square feet of
gross floor area used or intended to be used for service to patrons,
guest or members, whichever requires the greater number, plus 1 for
each full-time employee
|
|
Assembly hall, auditorium or community center
|
1 for each 4 seats or at least 1 for each 100 square feet of
floor area used or intended to be used for service to customers, patrons,
clients, guests or members, whichever is greater, plus 1 per each
full-time employee
|
|
Hospital
|
1.5 per bed
|
|
Nursing home
|
1 per each 3 beds
|
|
Schools:
| |
|
Elementary, middle or junior high schools
|
1 per each employee plus 10%
|
|
High school
|
10 per classroom
|
|
College
|
1 per every 2 students, plus 1 per every 4 dormitory beds
|
|
Library or museum
|
1 per every 500 square feet of gross floor area
|
|
Industrial Establishments:
| |
|
Industrial, manufacturing use
|
1 per employee plus 10% or 1 per every 750 square feet of gross
floor area, whichever is greater
|
|
Storage warehouse
|
1 per employee plus 10% or 1 per every 750 square feet of gross
floor area, whichever is greater
|
|
Recreational facilities:
| |
|
Clubs, golf clubhouses, commercial and noncommercial uses
|
1 for each 6 persons of rated capacity
|
|
Bowling alley
|
4 per alley
|
|
Campgrounds
|
1 per campsite, plus visitor parking as provided for clubs and
1 for each employee
|
|
Golf course
|
4 per hole plus parking as provided for a clubhouse
|
|
Skating rink
|
1 for each 120 square feet of skating area
|
|
Marinas
|
1 for each slip and in the case of boats stored on land, then
one for each space of land storage, plus 1 per each full-time employee
and additional parking for other uses or activities provided as set
forth herein
|
|
Other uses: To be determined by the Land Use Board
based upon the requirements contained herein for similar uses and
the factors generating parking need, such as number of patrons, floor
area, seating capacity or availability of public transportation.
| |
B.
General regulations applying to required off-street parking facilities:
1.
Structures and uses in existence at the date of adoption of this
chapter shall not be subject to the requirements of this Section so
long as the kind or extent of such use is not changed, provided that
any parking facility now serving such structure or uses shall not
in the future be reduced below such requirements.
2.
Whenever there is an alteration of a structure or change or extension
of a use which increases the parking requirements according to the
standards for this chapter, the total additional parking required
for the alteration, change or extension shall be provided in accordance
with the requirements of this Section.
3.
No parking area shall be used for any use that interferes with its
availability for the parking need it is intended to serve.
4.
All required parking facilities shall be provided and maintained
so long as the use exists which the facilities were designed to serve.
Off-street parking facilities shall not be reduced in total extent
after their provision except upon the approval of the Land Use Board
and then only after proof that, by reason of diminution in floor area,
seating area, the number of employees or changes in other factors
controlling the regulation of the number of required parking spaces,
such reduction is in conformity with the requirements of this Section.
Reasonable precautions shall be taken by the owner or operator of
particular uses to assure the availability of required facilities
to the employees or other person whom the facilities are designed
to serve. Such facilities shall be designed and used in such a manner
as to at no time constitute a nuisance or a hazard or an unreasonable
impediment to traffic.
5.
Where the computation of required parking space results in a fractional
number, any fraction of the next highest number shall be counted as
one (1).
C.
The parking spaces required herein may be located elsewhere than
on the same lot as the use they serve when authorized as a conditional
use subject to the following conditions:
1.
The owner or owners of two (2) or more establishments or properties
shall submit with their application for combined parking conditional
use a site plan showing joint use and location of a common off-site
parking area.
2.
Some portion of the common off-street parking lies within two hundred
(200) feet of an entrance, regularly used by patrons, into the establishment
served thereby.
3.
The Land Use Board may, at its discretion, reduce the required aggregate
amount of required parking space upon determination that greater efficiency
is effected by joint use of a common parking area, but in no case
shall the ratio of total off-street parking area to gross floor area
be reduced less than twenty-five percent (25%).
4.
The said parking area is not to be located across a street, roadway
or thoroughfare crossing, such as an overpass or traffic signal along
a State highway or arterial road, is not provided for persons utilizing
said parking area. In the case of establishments within a village
designated zoning district and not located on a State highway or arterial
road, a street, roadway or thoroughfare crossing using pavement crosshatch
markings and signs warning motorists of pedestrian crossing may be
permitted where such a crosswalk can be constructed in accordance
with the "Manual on Uniform Traffic Control Devices."
5.
It is the intent of this Subsection to recognize the nature of a
home occupation and/or a village commercial home occupation and to
recognize its limited size and scope of activity. Additionally, the
Land Use Board may consider the nature a village as set forth in the
adopted Township Master Plan and reasonably allow deviation from strict
compliance with off-street parking requirements in the case of such
home occupations or village commercial home occupations as deemed
appropriate to protect public safety. To this end and when requested
in writing by the applicant for approval of such a home occupation
or village commercial home occupation, the Land Use Board may grant
a waiver from required on-site parking requirements by allowing the
applicant to use on-street parking or off-site parking spaces in satisfying
the parking requirements as set forth herein this Section; or grant
a waiver from meeting a portion or all of the parking required of
said home occupation or village commercial home occupation for a home
occupation or village commercial home occupation based on the following
conditions:
a.
The type of business or activity and the availability of suitable
parking on-site or along streets adjoining the property involved or
in close proximity thereto.
b.
The anticipated area from which clients or customers of the home
occupation or village commercial home occupation are expected to be
drawn, i.e., from the immediate village or from a further distance.
c.
Submission of written proof that the applicant owns, leases or is
permitted to utilize off-site parking for the home occupation or village
commercial home occupation's clients or customers. Said agreement
must be submitted by the applicant and specifically allocated and
reserve said parking for the home occupation or village commercial
home occupation, be within reasonable proximity to the property whereon
the home occupation or village commercial home occupation is to be
located, and existing conditions will permit pedestrian access between
the off-site parking and the applicant's property.
d.
In determining the suitability of any such reduction of parking required,
allowing of on-street or off-site parking, or a waiver thereof, the
Land Use Board may request testimony or comments from appropriate
experts and officials familiar with the locations and roadways involved
in the request. The Land Use Board may require the applicant to obtain,
at his cost, such expert testimony and/or reports attesting to said
suitability of the applicant's request.
D.
A private garage constructed as an accessory use in a residential
zoning district shall be subject to the following special provisions
in regard to its location:
1.
In the case of a corner lot, said private garage shall be located
at least ten (10) feet from the rear yard nearest the side street
line, and it shall set back from the rear lot line a distance equal
to the required minimum width of a side yard for the district in which
it is located.
2.
An attached private garage shall be subject to the yard requirements
of the principal structure to which it is attached.
3.
Community garages when built on the same lot as a principal building shall be located in conformance with the requirements of this Section for private garages; but when build as the principal use on a separate lot, they shall conform to the set back provisions for the principal use for the district within which they are located and to the side yard and rear yard provisions for a private garage as given in Section 35-8.8D1 and D2.
E.
A commercial parking lot shall be subject to the following provisions:
1.
No commercial parking lot shall hereafter be constructed or located
within: (a) one hundred (100) feet of any residential zoning district;
or twenty (20) feet of a residence in any "Village" designated zoning
district, i.e., the zoning district name includes the word "Village."
2.
No commercial parking lot shall have an entrance or exit connected
with a public street at a point closer than two hundred (200) feet,
measured along the same street line in the same block, to any single-family,
detached or attached dwelling, church, library, charitable institution,
school, college, nursing home or hospital or similar use or any entrance
or exit thereto.
3.
Within a VC Village Center, VR Village Residential or VB Village Business zoning district, a commercial parking lot or area for less than ten (10) spaces shall be at least twenty (20) feet from an adjoining residential property and be buffered by a fence, wall, plant material or combination of both sufficient to prevent headlight glare and blowing of debris or trash onto the adjoining residential property. The Land Use Board in approving a site plan may increase this buffer width where deemed necessary to provide for the prevention of nuisance or detrimental to an adjoining residential property. Any buffer created to satisfy the requirements of this subsection shall be aesthetic in appearance as seen from adjoining roads or properties and if assembled of landscaping and vegetation, said vegetation shall conform to the provisions of Section 35-11.4AA of this chapter.
F.
No motor vehicle or motor vehicle and trailer in combination which
shall weigh in excess of eight thousand (8,000) pounds shall be placed
or stored in any zoning district in such a way as to obstruct driver
vision or cause a safety hazard. Additionally no such vehicle or vehicle
and trailer combination shall be placed or stored in a residential
zoning district in such a way as to create a nuisance from noise,
glare or exhaust to adjoining properties.
G.
The placing or storing of a single commercial vehicle at the residence
of the owner or operator of said vehicle does not constitute the parking
of a commercial vehicle in a non-commercial zone provided that:
1.
Said placing or storing is limited to a single vehicle;
2.
This interpretation is limited to temporary placing or storing of
said vehicle and does not extend to the repair or maintenance of said
vehicle or any commercial activity being conducted on-site; and
3.
The location of said vehicle's placement on the property is in such
a manner as to not create a nuisance to the residential neighbors
or otherwise violate any applicable municipal ordinance.
[Added 12-15-2022 by Ord. No. 718]
A.
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the Act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen (15) to twenty (20) amp breaker
on a one hundred twenty (120) volt AC circuit.
Level 2 operates on a forty (40) to one hundred (100) amp breaker
on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty (60)
amp or higher breaker on a four hundred eighty (480) volt or higher
three-phase circuit with special grounding equipment. DCFC stations
can also be referred to as rapid charging stations that are typically
characterized by industrial grade electrical outlets that allow for
faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level 2 EVSE and
direct current fast chargers. "Make-ready" includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2.
EVSE and make-ready parking spaces installed pursuant to subsection 35-8.8.1D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in subsection 35-8.8.1C1 above.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer shall enforce all signage and installation requirements
described in this subsection. Failure to meet the requirements in
this subsection shall be subject to the same enforcement and penalty
provisions as other violations of the Township of Maurice River's
codes and land use regulations.
5.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
a.
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
b.
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
c.
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations; and
d.
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
6.
An application pursuant to subsection 35-8.8.1C5 above shall be deemed complete if:
a.
The application, including the permit fee and all necessary
documentation, is determined to be complete;
b.
A notice of incompleteness is not provided within twenty (20)
days after the filing of the application; or
c.
A one-time written correction notice is not issued by the Zoning
Officer within twenty (20) days after filing of the application detailing
all deficiencies in the application and identifying any additional
information explicitly necessary to complete a review of the permit
application.
d.
In the Pinelands Area, an application pursuant to subsection 35-8.8.1C5 above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of subsection 35-10.1B7 of the Code of Maurice River Township.
7.
Upon deeming an application complete pursuant to subsection 35-8.8.1C6 above, the Zoning Officer shall issue a zoning permit in accordance with subsection 35-15.2 of the Code of Maurice River Township, and the following:
8.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
9.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and Make-Ready parking
spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five (5) or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
a.
Prepare as make-ready parking spaces at least fifteen percent
(15%) of the required off-street parking spaces, and install EVSE
in at least one-third (1/3) of the fifteen percent (15%) of make-ready
parking spaces;
b.
Within three (3) years following the date of the issuance of
the certificate of occupancy, install EVSE in an additional one-third
(1/3) of the original fifteen percent (15%) of make-ready parking
spaces; and
c.
Within six (6) years following the date of the issuance of the
certificate of occupancy, install EVSE in the final one-third (1/3)
of the original fifteen percent (15%) of make-ready parking spaces.
d.
Throughout the installation of EVSE in the make-ready parking
spaces, at least five percent (5%) of the electric vehicle supply
equipment shall be accessible for people with disabilities.
e.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in subsection 35-8.8.1D1 above shall:
a.
Install at least one (1) make-ready parking space if there will
be fifty (50) or fewer off-street parking spaces.
b.
Install at least two (2) make-ready parking spaces if there
will be fifty-one (51) to seventy-five (75) off-street parking spaces.
c.
Install at least three (3) make-ready parking spaces if there
will be seventy-six (76) to one hundred (100) off-street parking spaces.
d.
Install at least four (4) make-ready parking spaces, at least
one (1) of which shall be accessible for people with disabilities,
if there will be one hundred one (101) to one hundred fifty (150)
off-street parking spaces.
e.
Install at least four percent (4%) of the total parking spaces
as make-ready parking spaces, at least five percent (5%) of which
shall be accessible for people with disabilities, if there will be
more than one hundred fifty (150) off-street parking spaces.
f.
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
g.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
h.
Notwithstanding the provisions of this subsection, a retailer
that provides twenty-five (25) or fewer off-street parking spaces
or the developer or owner of a single-family home shall not be required
to provide or install any electric vehicle supply equipment or make-ready
parking spaces.
E.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to subsection 35-8.8, Off-Street Parking, of the Maurice River Township Land Development Regulations.
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two (2) parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than ten percent (10%) of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and Make-Ready parking spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines, and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation:
a.
Installation of EVSE and make-ready parking spaces shall meet
the Electrical Subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
b.
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine (9) feet
wide or eighteen (18) feet in length. Exceptions may be made for existing
parking spaces or parking spaces that were part of an application
that received prior site plan approval.
c.
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
d.
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE Parking:
a.
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
b.
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
c.
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Signage indicating the penalties for violations shall comply with subsection 35-8.8.1F5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
d.
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
a.
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to subsection 35-8.8.1F5 below.
b.
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Maurice River's
ordinances and regulations.
c.
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of twenty-four
(24) inches from the face of the curb. Any standalone EVSE bollards
should be three (3) to four (4) feet high with concrete footings placed
to protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
d.
EVSE outlets and connector devices shall be no less than thirty-six
(36) inches and no higher than forty-eight (48) inches from the ground
or pavement surface where mounted, and shall contain a cord management
system as described in subsection 35-8.8.1F4e below. Equipment mounted
on pedestals, lighting posts, bollards, or other devices shall be
designated and located as to not impede pedestrian travel, create
trip hazards on sidewalks, or impede snow removal.
e.
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
f.
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
g.
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four (24) hour
on-call contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Maurice River shall require the owners/designee of
publicly accessible EVSE to provide information on the EVSE's
geographic location, date of installation, equipment type and model,
and owner contact information.
5.
Signs.
a.
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this subsection, allowing only charging electric
vehicles to park in such spaces. For purposes of this subsection,
"charging" means that an electric vehicle is parked at an EVSE and
is connected to the EVSE. If time limits or vehicle removal provisions
are to be enforced, regulatory signs including parking restrictions
shall be installed immediately adjacent to, and visible from, the
EVSE. For private EVSE, installation of signs and sign text is at
the discretion of the owner.
b.
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
c.
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with subsection 35-8.8.1F5b above.
d.
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hours of operation and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage fees.
a.
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be the applicable electric utility service provider's
rate for kilowatt per hour (kwhr) for each hour that the electric
vehicle is connected to the EVSE.
b.
This fee may be amended by a resolution adopted by the governing
body.
c.
Private EVSE: Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
A.
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use(s) and part of the normal activities conducted on the premises therewith said permitted use(s). All outdoor storage shall be subject to the requirements of the zoning district in which it is located including setbacks, area and coverage requirements, and shall be screened as provided for in Section 35-11.4D of this chapter from any property used or zoned for residential purposes. No storage shall be permitted in front yard areas with the exception of properties abutting the Maurice River in which case it shall be screened to the greatest extent possible from river view.
B.
In the case of a home occupation as set forth in Section 35-8.6 or a commercial activity, merchandise may be located in the front yard area during normal business hours to display the type of merchandise made and/or available for purchase on-site. Additionally, agricultural products in a farm or roadside stand as permitted in Section 35-9.17A of this chapter, a vehicle, lawn or farm equipment, boat or similar item so normally displayed for sale and if owned by a resident of the property upon which is displayed for sale, shall be allowed within a front yard area.
C.
Travel trailers or recreational vehicles used for camping or lodging
may be stored on the property of their owner and shall be considered
as an accessory use and subject to the standards set forth in the
Schedules of District Regulations for an accessory use to a residential
use in the zoning district in which it is to be stored. Storage of
a such a travel trailer or recreational vehicle used for camping or
lodging shall be limited to two (2) and stored in such a way as to
not cause a nuisance to adjoining properties or a safety hazard with
regard to vision along adjoining driveways and/or streets. There shall
be no hookup or connection of travel trailer or recreational vehicle
used for camping or lodging to any utility line or facility.
Other recreational vehicles as defined in Section 35-3.3 of this chapter may be stored on the property of their owner as an accessory use subject to the standards set forth in the Schedules of District Regulations for an accessory use to a residential use in the zoning district in which it is to be stored. Not more than two (2) travel trailer or recreational vehicle for camping or lodging and two (2) other recreational vehicles shall be stored outdoors on any one (1) property. The storage of such any recreational vehicle shall not be in any front yard area. No travel trailer or similar recreational vehicle used for camping or lodging shall be occupied or used as dwelling place or for the conduct of any business.
[Ord. No. 620 §§ VI-VIII]
The Pinelands Comprehensive Management Plan delineates a number
of planning areas within the Protection Area. As shown on the Zoning
Map of the Township of Maurice River, one such area is the Forest
Area District and all land within said Forest Area is subject to the
following:
A.
Land located in the Pinelands Forest Area, as noted on the Zoning
Map of the Township of Maurice River, shall be subject to the regulations
of this Section as well as the regulations of the zoning districts
wherein it lies including the PC Pinelands Conservation, or the PR
Pinelands Residence Districts, as the case may be.
B.
Only the following uses shall be permitted in the Pinelands Forest
Area subject to the applicant demonstrating compliance with the conditions
set forth herein below for each use and any other applicable conditions
as set forth the Schedule of District Regulations.
1.
Low intensity recreational uses provided that:
a.
The parcel proposed for low intensity recreational use has an area
of at least fifty (50) acres;
b.
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
c.
Access to bodies of water is limited to no more than fifteen (15)
linear feet of frontage per one thousand (1,000) feet of water body
frontage;
d.
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed five percent (5%) of the parcel; and
e.
No more than one percent (1%) of the parcel will be covered with
impervious surfaces.
2.
Expansion of intensive recreational uses provided that:
a.
The intensive recreational use was in existence on February 7, 1979
and the capacity of the use will not exceed two times the capacity
of the use on February 7, 1979.
b.
The use is necessary to achieve recreational use of a particular
element of the Pinelands environment; and
c.
The use is environmentally and aesthetically compatible with the
character of the Pinelands Forest Area and the characteristics of
the particular basin in which the use is to be located, taking into
consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden available public services.
4.
Public service infrastructure intended to primarily serve the needs
of the Pinelands Centralized wastewater treatment and collection facilities
shall be permitted to service the Forest Area District only in accordance
with Section 35-11.4AC2b.
5.
Institutional uses, provided that:
a.
The uses doe not require or will not generate subsidiary or satellite
development in the Forest Area;
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 Area
in which the use is to be located.
6.
Pinelands resource-related industrial or manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products,
provided that:
8.
Roadside retail sales and service establishments provided that:
a.
The parcel proposed for development has roadway frontage of at least
fifty (50) feet.
b.
No portion of any structure proposed for development will be more
than three hundred (300) feet, measured along a line parallel to the
roadway, from the closest part of a roadside retail sales and service
establishment structure that was in existence on February 7, 1979;
and
c.
The proposed use will not unduly burden public services, including
but not limited to water, sewer and roads.
9.
Single-family, detached dwellings:
a.
Single-family, detached dwellings in the PR and PC Zone Districts in accordance with the applicable requirements set forth on the Schedule of District Regulations, provided that clustering of the permitted dwellings shall be required in accordance with Section 35-9.24 whenever two (2) or more units are proposed as part of a residential development.
10.
Pinelands residence in accordance with the provisions of Section 35-9.10, Pinelands Residence, of this chapter.
11.
Rural residences in accordance with the provisions of Section 35-9.18, Rural Residence of this chapter.
12.
Agriculture.
14.
Continuation of existing resource extraction operations in accordance
with N.J.A.C. 7:50-1, Part VI.
[Section 35-8.11 amended by Ordinance No.
35-8.11]
A.
Purpose and intent. The specific purpose and intent of this Section
is the creation of a new highway business district within the Pinelands
Rural Development Area that will provide for needed commercial activity
related to existing development and travel patterns along Route 347
and that will blend harmoniously into the natural setting through
planned development which shall require clustered commercial activity
within two (2) designated areas zoned as PPHB Pinelands Planned Highway
Business districts. Said planned development shall have limited access,
be designed to minimize or screen said development from the scenic
corridor along which it is located, and permit limited commercial
or cultural uses directly related to meeting the need for activities,
services and products by said existing local development and traffic
patterns of Route 347.
B.
Site design. Within the two (2) areas zoned PPHB Pinelands Planned Highway Business, development shall be clustered in not more than fifteen percent (15%) of the total district area. Each area as shown zoned as PPHB Pinelands Planned Highway Business shall be planned and approved for development in its entirety as a planned commercial center, as stipulated in Section 35-9.12, with one (1) access point along the Route 347 for each five hundred (500) feet of road frontage. In reviewing a proposal for development within a PPHB zoning district area, the Land Use Board shall require a site plan detailing how the entire zoned area is to be ultimately developed to attain the requirement of clustered development into no more than fifteen percent (15%) of the land area. In the case of proposed subdivisions, the applicant shall comply with the requirements of Section 35-11.4N7 in this regard.
C.
Visual considerations. Because the PPHB zoning district is related
to and located on Route 347, a Pinelands scenic corridor, in keeping
with the intent of the Pinelands Comprehensive Management Plan and
the adopted Township Master Plan of encouraging design which blends
and does not detract from its natural setting, then any proposed planned
commercial center shall be designed and constructed to meet one of
the following standards:
1.
Traditional Pinelands Development - All structures within said development
shall be designed in scale and size so as: (a) not to exceed two stories,
(b) have exteriors which are or simulate the appearance of clapboard,
shingle, brick or natural stone, (c) be set back from the roadway
a minimum of two hundred fifty (250) feet without any vehicular access
way or parking or loading areas located between the building and Route
347 and (d) signs shall be illuminated by indirect lighting. If buildings
are not connected, then any gaps between structures shall be landscaped
or screened to prevent vision from Route 347 of parking or loading
areas, interior access ways or other activities of the site. No gap
in required landscaping or screening along Route 347 shall exceed
five hundred (500) feet in length.
OR
2.
Contemporary Development - For purposes of this PPHB Pinelands Planned Highway Business zoning district, "contemporary development" shall be any development not designed and constructed as a traditional Pinelands development. In such contemporary developments, all structures and activities within the planned commercial center shall be completely screened from the scenic corridor as set forth in Section 35-9.12.
D.
Permitted uses. Within any planned commercial center located in a
PPHB district on the following uses shall be permitted:
1.
Retail and personal service establishments.
2.
Restaurant.
3.
Professional or business offices including banks.
4.
Day care center or nursery school.
5.
Educational, cultural or historic facility or museum related to the
Pinelands or the history, culture or environment of the Township and
including such facilities as an interpretative center, historic village
or a facility devoted to study of the Pinelands.
E.
Development location and buffering requirements. The planned commercial
center within either PPHB Pinelands Planned Highway Business zoning
district areas shall have its developed portion as centrally located
within said district as possible given site constraints and other
design criteria. All such centers shall be set back from Route 347
a minimum of two hundred (200) feet or as stipulated elsewhere in
this chapter. A minimum of one hundred (100) feet of dense vegetative
buffer area shall be established around the other peripheries of the
site.
F.
Any land in the PPHB Zone which is utilized for purposes of complying
with the water quality standards of Section 35-11.4AC2 in association
with the development of a planned commercial center shall be permanently
dedicated as open space through the recording of a deed to such property
with no further development permitted except agriculture, forestry
and low intensity recreational uses. The use of said land for resource
extraction or mining purposes shall not be permitted.
A.
Purpose and intent. The specific purpose and intent of this Section
is to provide for the protection of the natural resources of the Maurice
River and its tributaries while providing regulations for the future
development of the adjacent area located outside of the Pinelands
Management Area.
A Local River Management Plan produced by the Cumberland County
Department of Planning and Development and subsequently adopted by
the Maurice River Township Land Use Board as an amendment to the Township
Master Plan provides clear goals, objectives, and guidelines for the
future development of the Maurice, Menantico, Manumuskin, and Muskee
river corridors. The River Conservation District is hereby established
to provide the land use controls which are necessary for implementation
of the River Management Plan.
The purposes of this Section are summarized below:
1.
Protect the health, safety and welfare of river corridor residents.
2.
Protect and enhance the valuable natural resources of the River Conservation
District.
3.
Protect and encourage the continuation of existing traditional land
and water uses within the River Conservation District.
4.
Identify those future land uses which would conform with this Section;
those uses which, with conditions, would be deemed to conform; and
those uses which would not conform.
5.
Identify specific development and site design standards to be applied
within the River Conservation District.
6.
Provide regional management of the river corridors through local
land use controls.
The River Conservation District is established as an overlay
zone, imposing a set of development requirements in addition to those
of the existing, underlying zoning district. The RC River Conservation
Zone is depicted on the Maurice River Township Zoning Map - River
Conservation Zone District. Any development standards not expressly
provided in the River Conservation District shall be governed by the
underlying zoning district. Where there is a conflict between the
development standards provided for in the RC Overlay District and
the development standards provided for in the underlying zoning district,
the most stringent requirement shall apply. The RC zone shall not
apply to those area governed by the Pinelands Management Area.
B.
Limitations. This Section applies only to activities within the landward
boundaries of water courses mapped as the River Conservation District
on the Maurice River Township Zoning Map - River Conservation District.
Nothing contained herein shall limit rights of landowners to maintain
lawfully established uses.
C.
Nonconforming uses. Existing land uses which do not meet the standards outlined in this Section are to be identified as "nonconforming uses." The Maurice River Township Land Development Regulations Ordinance, Article 35-7, Section 35-7.1, provides conditions for those lawfully existing uses which do not meet the provisions of the RC River Conservation District at the time of this chapter's enactment.
D.
Principal uses. Any land use identified within this Section as a
principal use is allowed, subject to the restrictions of the applicable
underlying district regulations.
E.
Conditional uses. Any land use identified within this Section as
a conditional use in a specified location will comply with all the
conditions and standards for the location and operation of such use
as specified by this zoning chapter and authorized by the Land Use
Board through the Maurice River Township Development Regulations Ordinance.
F.
Prohibited uses. All uses identified in the Section G2 herein as
a prohibited use are expressly forbidden. In addition, all uses which
are not expressly permitted as either a principal use or as a conditional
use in this chapter are also prohibited.
G.
Sub-districts. Within the River Conservation District two (2) sub-districts
are hereby established to set forth the type of use and manner in
which it is permitted throughout the District. The applicable standards
are in addition to the existing, underlying zoning district regulations.
H.
Resource Protection Sub-District.
1.
Principal uses:
a.
Low density residential with the following restrictions:
Minimum lot size of five (5) acres per dwelling unit
Minimum building setback of one hundred fifty (150) feet
Maximum clearing of vegetation twenty percent (20%) of lot area
Minimum septic system setback of one hundred fifty (150) feet
b.
Conservation activities.
c.
Recreational uses, not requiring regrading or removal of trees, shrubs,
or vines, such as a park, picnic grove, boating club, but excluding
closed structures or storage areas.
d.
Game farm or fish hatchery.
e.
Hunting and fishing reserve.
f.
Wildlife sanctuary, woodland preserve or arboretum.
3.
Minimum Lot Size. The minimum lot size required in this Section shall
not hold precedence over larger minimum lot sizes required in underlying
zoning districts. In the case of a conflict between the RC River Conservation
District Overlay Zone and the underlying zoning district, the largest
minimum lot size shall be required.
4.
Setbacks. All building setbacks and septic system setbacks shall
be measured from the Mean High Water line. This is the line formed
by the intersection of the tidal plane of mean high water with the
shore.
5.
Clearing of vegetation. All principal uses shall be limited to a
maximum amount of removal of natural, indigenous vegetation. Replanting
of ornamental species shall not constitute adequate mitigation for
exceeding this requirement.
6.
Buffers and natural filter strips. A vegetation buffer, composed
of indigenous species, shall be maintained parallel to the Mean High
Water line for a width of not less than fifty (50) feet. For the purposes
of normal pedestrian access to the water front, an opening of not
more than ten (10) feet may be excluded from the buffer requirements.
7.
Minimum river frontage. A minimum river lot frontage of two hundred (200) feet shall be required for all principal uses located adjacent to the river corridors as identified in Subsection A, Purpose and intent, herein.
8.
Medium density residential cluster development. Medium density residential
development shall be permitted within the Resource Protection Sub-District
as a conditional use when utilizing the Cluster Development Criteria
described in the River Management Plan addendum to the Township Master
Plan.
a.
The creation of three (3) or more lots for residential use, whether
or not constituting a major subdivision, or construction of three
(3) or more dwelling units within a five-year period from or on a
property or set of contiguous properties in common ownership as of
October 1, 1991, within the Resource Protection Sub-District, shall
be allowed only as a conditional use by the Land Use Board, in accordance
with the criteria set forth below.
c.
Criteria for conditional use. Applications for a conditional use
for residential communities in the Resource Protection Sub-District
shall meet all of the following criteria:
(1)
The development plan shall demonstrate that, where applicable,
the proposed development meets all of the requirements of Township
site plan and subdivision review rules and regulations.
(2)
The minimum area of land for a conditional use development shall
be twenty-five (25) acres.
(3)
The total number of dwelling units shall be determined at the
rate of one (1) unit per every two (2) acres of buildable land, after
excluding from this computation all wetlands, wetlands transition
areas, and flood-prone lands as defined by N.J.A.C. 7:7A, N.J.A.C.
58:16A, and N.J.A.C. 13:9A.
(4)
The total area of residual open space with the development shall
be at least fifty percent (50%) of the total area of buildable land
in the proposed development, excluding from this all computations
of wetlands, wetlands transition area, and flood-prone lands.
(5)
All residual land which is to be used only for passive recreation
or natural open space shall be managed in accordance with the guidelines
set forth in this Maurice River Township Land Development Regulations
Chapter.
(6)
Conditional use applicants shall provide copies of deed covenants
with prospective purchasers or conservation easements with the municipality,
describing land management practices to be followed by whichever party
or parties are responsible for maintenance of the residual open land.
(7)
Further subdivision of residual land or its use for other than
non-commercial, passive recreation or conservation shall be prohibited.
These restrictions shall be recorded in a conservation easement to
which the Township is a signatory party.
d.
Design guidelines. The proposed development shall meet the following
applicable design guidelines:
(1)
Dwelling units shall be grouped so that, on average, they consume
no more than one (1) acre of land per dwelling unit, including roads,
and that a maximum of fifty percent (50%) of the parcel results in
impervious coverage.
(2)
Lots shall be laid out, to the greatest extent feasible, to
achieve the following objectives (listed below in order of priority,
as it is recognized that some may conflict with others on any given
site):
(a)
On the most suitable soils for sub-surface septic
disposal as provided in the County soils survey;
(b)
On the least important soils for natural vegetation
important to wildlife as provided in the County soils survey;
(c)
Within any upland woodland contained in the parcel
to reduce impact\ upon the visual quality of the river, to provide
summer shade and shelter from winter wind, and to enable new construction
to be visually absorbed by natural landscape features;
(d)
In locations least likely to block or interrupt
scenic vistas, as seen from the river; and
9.
Conservation and recreational conditional uses. Within the Resource Protection Sub-District located south of the Mauricetown Causeway, the Land Use Board on application for a conditional use may permit such conservation and recreational uses deemed related and traditional to the environment, culture and history of the river corridor. Any such application shall comply with the provisions of Sections 35-13.3 and 35-13.4 of this chapter including an environmental impact statement and such other information as required to determine whether the proposed conditional use is not detrimental to the purpose and intent of the River Conservation District.
I.
Development Sub-District. Existing commercial, maritime-based industrial
and such other uses as allowed under the existing and future regulations
of the underlying zoning district shall continue without the additional
requirements of this Section.
[Section 35-8.13 amended by Ordinance No.
522; Ord. No. 594]
No sign shall be erected, re-erected, constructed, altered,
placed or maintained except as provided for in this Section. No sign
of any type shall be permitted to obstruct driver vision, traffic
signals, traffic directional and identification signs, other places
of business signs, or windows of buildings on which they are located,
or fire escapes, doors or ventilation openings. No sign shall be attached
to trees, fence posts, stumps, utility poles, bridges, culverts, or
other signs. All signs shall be freestanding or attached to buildings
in an approved manner and located on said lot the use for which they
advertise. Signs shall be permitted in accordance with the following
standards and requirements:
A.
In all zoning districts, the following signs shall be permitted without
obtaining a zoning or sign permit:
1.
All signs and signals owned and operated by the Township of Maurice
River, the County of Cumberland, the State of New Jersey or the United
States Government or their respective agencies. The Land Use Board
at its discretion may approve groupings of signs for direction and
information as to public access facilities, such as eating, lodging,
boating, camping, historical and recreational facilities. Such groupings
shall be limited to a maximum of thirty-two (32) square feet of information
area and the content and appearance shall be at its discretion.
2.
Identification signs for public or quasi-public facilities, such
as schools, churches, hospitals, libraries or museums not exceeding
two (2) square feet in area.
3.
Memorial or historical markers or tablets not exceeding four (4)
square feet in area.
4.
Customary on-site real estate signs temporarily advertising the sale,
rental or lease of the premises or portions thereof, and professional
offices or home occupation nameplates (or signs). No such sign shall
exceed six (6) square feet in area nor shall there be more than one
(1) such sign for each two hundred (200) feet or part thereof of road
frontage contained in the property on which such sign is to be located.
Such signs shall only be located on the property where the use or
structure is located that said sign(s) are advertising or identifying.
Such signs shall be removed at the expense of the advertiser within
fifteen (15) days after the termination or completion of the matter
or business advertised. Where a property for sale or rent is located
on a residential street used only for access to properties located
thereon, a directional sign indicating a property for sale or rent
on said street may be placed at the intersection of said street and
the collector or arterial street into which it empties provided said
identification sign is not larger than four (4) square feet in size.
5.
Street number designations, postal boxes, on-site directional and
parking signs, warning signs and signs posting property as "Private
Property," "No hunting or gunning," "No trespassing" or similar signs
which do not exceed two (2) square feet in area.
B.
All signs shall be designed, constructed and maintained in accordance
with the following standards and provisions:
1.
No freestanding sign shall exceed the maximum building height permitted
for the same in the district in which it is located, and no attached
sign shall be higher at any point than the roof line of the building
to which said sign is attached. No attached sign shall project into
or hang over a street right-of-way, and no sign shall project beyond
a building in a manner placing it above areas traversed by motor vehicles,
such as but not limited to driveways and parking or loading areas.
2.
All signs shall conform to the standards of the Uniform Construction
Code.
3.
Illuminated signs shall be so arranged as to reflect the light and
glare away from adjoining premises and away from adjoining streets
and/or rights-of-way so as to avoid a traffic hazard.
4.
Sign area shall be measured around the outside edges of a framed
or enclosed sign or by the area utilized by isolated words and/or
symbols, including background, whether open or enclosed, but said
area shall not include any supporting framework and bracing incidental
to the display itself.
5.
Signs and sign structures of all types shall be located to allow a clear, unobstructed line of vision as specified in Section 35-8.3C.
6.
Signs with more than one (1) exposure shall be measured for area
by using the surface area of one (1) side providing one side is visible
from either direction on the adjoining road. All sides however, may
be used for display providing the total area does not exceed double
that allowed for the single side.
7.
All signs shall be constructed of durable material such as wood,
metal, stone or masonry. Whenever possible, signs and materials used
to construct same shall be harmonious with its scenic surroundings.
C.
The following signs are prohibited in all districts:
1.
Signs with red, yellow, orange or blue illumination in a beam, beacon,
or flashing form resembling an emergency light or traffic control
device in any location.
2.
Portable signs, i.e., fixed on a movable stand or frame which is
self-supporting without being firmly embedded in the ground, supported
by other objects, mounted on wheels or movable vehicles or made easily
movable in some other manner.
3.
Signs using mechanical or electrical devices to revolve flash or
display movement or the illusion of movement.
4.
Signs using sudden light changes.
5.
No outdoor, off-site advertising sign, other than signs advertising
agricultural roadside stands, shall be permitted in the Pinelands
Area. Outside the Pinelands Protection Area, no outdoor, off-site
advertising sign, other than signs advertising agricultural roadside
stands, shall be permitted except within the VB Village Business,
VLI Village Light Industrial and VHB Village Highway Business Zoning
Districts. Within these cited zoning districts outdoor, off-site advertising
signs shall only be permitted in accordance with the following conditions:
a.
The sign shall be located along an arterial or collector road as
defined and identified in the adopted Township Master Plan;
b.
The sign shall not be located so as to block the scenic view of any
river, marsh or wetland, historical structure or site, or other natural
or cultural landmarks or characteristics as identified by the adopted
Township Master Plan;
c.
Signs shall not be located closer than thirty (30) feet to any street
right-of-way or property lines. No outdoor, off-site advertising signs
shall be located closer than one hundred (100) feet to any church,
school, public building or residence;
d.
If illuminated, no such lighting shall created a danger or nuisance
from glare or direct lighting upon adjoining properties or roadways;
and
e.
No such sign shall be of an overall height greater than fifteen (15)
feet or an area greater than thirty-two (32) square feet.
6.
Within the Township, no existing sign which does not conform to this
Section shall be permitted to continue beyond three (3) years after
the effective date of this chapter.
D.
In any district where the following uses are permitted, the following
signs shall be permitted in connection with said uses:
1.
Churches, places of worship: one (1) freestanding sign not exceeding
twelve (12) square feet in area and ten (10) feet in height and set
back at least twenty-five (25) feet from all street rights-of-way
and lot lines, plus one (1) attached sign not exceeding twenty-five
(25) feet in area.
2.
Golf courses: one (1) freestanding sign not exceeding twelve (12)
square feet in are and ten (10) feet in height and set back at least
twenty-five (25) feet from all street rights-of-way and lot lines.
Not more than one (1) such sign shall be placed on any property unless
said property fronts on more than one (1) street, in which case one
(1) such sign may be erected on each frontage.
3.
Apartments and multi-family dwelling complexes: Each development
having in excess of four (4) dwelling units may have one (1) sign
along each arterial or collector road which the tract involved abuts,
provided that there exists at least two hundred (200) feet of frontage.
Such sign(s) shall not exceed ten (10) feet in height, shall be set
back from all street rights-of-way and driveways at least thirty (30)
feet, shall be set back from the property lines a minimum of fifty
(50) feet, shall not exceed an area of forty (40) square feet, and
shall be used only to display the development name.
4.
Retail and service uses, restaurants not located on arterial roads,
professional and business offices, banks and similar uses: Each such
activity may have one (1) illuminated or non-illuminated sign displaying
the name of the use attached flat against the front of the building
in which it is located, not exceeding an area equivalent to five percent
(5%) of the front of the building or forty (40) square feet, whichever
is smaller. Where the building(s) is designed for rear or side entrances,
one (1) unlighted sign may be attached flat against the building at
the rear or side entrances, each sign not to exceed an area equivalent
to half that of the sign on the front of the building.
In the case of restaurants located along arterial roads, said
establishment may have one (1) freestanding sign not exceeding twenty
(20) square feet in area and thirty (30) feet in height. Said sign
shall be set back from all street rights-of-way at least ten (10)
feet. In addition, each such establishment may have one (1) attached
sign on the front, rear and side entrances to the building in which
it is located as provided hereinabove.
5.
Theaters and indoor commercial recreation: Each use may have one
(1) illuminated or non-illuminated sign displaying the name of the
use attached flat against the front of the building in which it is
located, not exceeding an area equivalent to five percent (5%) of
the front facade of the building or one hundred (100) square feet,
whichever is smaller. Where the building(s) is designed for rear or
side entrances, one (1) unlighted sign may be attached flat against
the building at the rear or side entrances, each sign not to exceed
an area equivalent to half that of the sign on the front of the building.
Additionally, the Land Use Board may permit one (1) freestanding
sign not to exceed thirty (30) square feet in area and thirty (30)
feet height. Said sign shall be set back from all street rights-of-way
or property lines at least fifteen (15) feet, may be illuminated or
not and shall be used to display the name of the use and the current
program of events or entertainment. Such uses may also at the discretion
of the Land Use Board, have one (1) additional attached sign on the
front of the building for display of the program or event offered
provided said sign does not exceed sixty (60) square feet in area.
6.
Multi-office building or complex, hotel, motel, or professional office
center: Any such use may have one (1) sign, either freestanding or
attached, not exceeding an area equivalent to five percent (5%) of
the first floor portion of the front facade of the main structure
or one hundred fifty (150) square feet, whichever is smaller. Where
an individual office unit within such a structure or complex has direct
access from the outside, a sign not exceeding four (4) square feet,
identifying the name of the office or occupant thereof, may also be
attached to the building at the office entrance.
7.
Planned commercial developments: Each development, i.e., shopping
center, may have one (1) freestanding sign along each arterial or
collector road which the tract involved abuts, provided that there
exists at least two hundred fifty (250) feet of unbroken frontage.
Such sign shall not exceed a height of thirty-five (35) feet within
the Pinelands Protection Area or sixty (60) feet in height outside
the Protection Area, shall be set back from the street rights-of-way
and driveways at least twenty (20) feet, shall be set back from any
property line a minimum of one hundred (100) feet, and shall not exceed
an area of two hundred (200) square feet.
a.
Where uses share a common walkway, each use served by the walkway
may have one (1) sign which shall be attached flat against the building
either above or below the common walkway canopy and/or one (1) sign
suspended perpendicular fashion from the roof or canopy over the common
walkway. Suspended signs shall be no closer than eight (8) feet at
their lowest point to the finished grade level below them. No such
sign shall exceed ten (10) square feet in area.
b.
All signs in a planned commercial development shall conform in character
to all other signs in the center or complex and shall blend with the
overall architectural scheme of the center or complex and its surroundings.
c.
Within the PB Pinelands Business, PPHB Pinelands Planned Highway Business and the PVHB Pinelands Village Highway Business District, one (1) sign as permitted herein this subsection shall be permitted along the arterial roadway and within the buffer area for the scenic corridor to identify said center. In the case of subdivisions within the PPHB Pinelands Planned Highway Business District created as per Section 35-11.4N7 herein, only one (1) sign shall be permitted along the arterial roadway to identify commercial uses on various lots within said development. Individual signs, as permitted by Section 35-8.13 for the particular type of use, shall be permitted on the separate lots along the access road or driveway(s) intersecting with the arterial roadway leading to said lots and their individual commercial uses. The purpose of this requirement is deemed necessary to preserve the scenic corridor by limiting the number of signs while notifying the traffic along said arterial roadway of the commercial activity location and to permit each individual use within such a development to have an individual sign on the access road or driveway. Said individual use signs shall be in accordance with the standards contained in this Section for the type of use involved.
In addition to the one (1) sign identifying a planned commercial
development, the two centers permitted in the two PPHB-zoned areas
may jointly share and post up to three (3) off-site directional signs
located strategically within two and one-half (2.5) miles of the two
(2) PPHB-zoned sites to both the north and south along Route 347,
upon which said developments would front. The two (2) PPBH zoned sites
must both share these three (3) off-site directional signs and they
shall be placed in such a way as to advise and notify traffic along
Route 347 of the centers' approach.
One (1) of the three (3) permitted off-site, shared signs as provided herein shall conform to the requirements of Section 35-8.13A1 and its content limited to identification of the developments' services or products and appropriate directions and distances to the entrance of said development. The other two (2) permitted shared, off-site signs shall comply with Section 35-8.13A3 in terms of size and their content shall be to advise traffic of the impending approach of the developments' entrances. No advertising shall be permitted on any of the shared, off-site signs. The need for these off-site, shared signs is made necessary by the volume and speed of traffic along Route 347 and the design criteria for the development which is intended to partially or substantially screen highway vision of the developments. From a safety standpoint this requires giving ample notice to drivers of the developments' approaching entrances.
8.
Service station or repair garage: Each use may have: (a) one (1)
freestanding sign, (b) one (1) sign attached flat against its primary
structure, and one (1) sign identifying the name of the company in
the case of a canopy over a fueling area. The freestanding sign shall
not exceed an area of twenty (20) square feet, shall be set back at
least ten (10) feet from all street rights-of-way and lot lines, and
shall not exceed a height of thirty-five (35) feet. The attached sign
shall not exceed thirty (30) square feet in area.
9.
Industrial and manufacturing use, whole distribution center or warehouse,
a construction company, body shop, or similar uses: Each use shall
be permitted one (1) sign not larger than the equivalent of five percent
(5%) of the area of the front wall of the principal building facing
the street or one hundred (100) square feet, whichever is smaller.
If attached to the building, the sign shall not be higher than the
roofline. If freestanding, the sign shall be set back from all street
rights-of-way and driveways and lot lines at least forty (40) feet.
The maximum height of freestanding sign shall not exceed thirty-five
(35) feet.
10.
Industrial park: Each park may have one (1) freestanding sign along
each arterial or collector road which the tract involved abuts, provided
that there exists at least two hundred fifty (250) feet of unbroken
frontage. Such sign shall not exceed a height of thirty-five (35)
feet, shall be set back from street rights-of-way and driveways at
least fifty (50) feet, shall be set back from all property lines a
minimum of one hundred (100) feet and shall not exceed an area of
one hundred fifty (150) square feet.
11.
Marina: Each marina may have one (1) freestanding sign along the
road it abuts. Such sign shall not exceed a height of twenty (20)
feet or exceed eighty (80) square feet in area. The freestanding sign
shall not be visible from any adjoining river or creek, shall be outside
any road rights-of-way, at least ten (10) feet from any property line
and not an impediment of driver vision on any street or driveway.
Additionally, one (1) attached sign may be permitted on any principal
building. Said attached sign shall not be larger than the equivalent
of five percent (5%) of the front facade of said building or sixty
(60) square feet, whichever is greater. When a marina is located at
the end of a dead end street or road, one (1) off-site freestanding
sign shall be permitted to be located at the intersection of said
dead-end street or road and collector or arterial roadway. Said additional
off-site freestanding sign shall not exceed a height of ten (10) feet
or an area greater than twenty (20) square feet. It shall be located
outside of any road rights-of-way or sight triangle area which exists
or would be required should the property upon which said sign is to
be located were developed as per the requirements of this chapter.
Each marina may have one (1) freestanding sign not larger than
twenty (20) square feet in area located adjacent to the river or creek
to which the marina is situate which sign may only identify the marina
and the availability of fuel. Said sign shall be located to be visible
to marine traffic on the river or creek passing the marina and may
be located on land or dock or piers to height of no greater than ten
(10) feet above mean high tide.
12.
Real estate advertising: Real estate offered for sale or rent, involving
ten (10) acres or more or in excess of ten (10) dwelling units may
have one (1) sign along each arterial or collector road which the
tract involved abuts, for each one hundred (100) feet of unbroken
frontage with a maximum of two (2) signs per site or location. Such
sign shall not exceed ten (10) feet in height, shall be set back from
street rights-of-way and driveways so as not to overhang or obstruct
driver vision, shall not exceed an area of thirty-two (32) square
feet and shall be used only to display the development name, sales
representative, location of sales office, telephone number, display
or viewing schedule and artwork designed to demonstrate project layout,
appearance or logo. Such sign (s) shall be removed after the sale
of ninety percent (90%) of the lots or units or within one (1) year,
whichever occurs first. The Land Use Board may grant extensions upon
submission of evidence sufficient to reasonably justify continuation
of the sign permit.
13.
Construction site: Such use may have one (1) sign dealing with construction
on-site, not larger than the equivalent of five percent (5%) of the
area of the front wall of the building involved or one hundred (100)
square feet, whichever is smaller. The sign shall not exceed ten (10)
feet in height and shall be set back from all street rights-of-way
and lot lines at least forty (40) feet. Said sign shall be removed
prior to the issuance of a certificate of occupancy for the building
or use under construction once it is established or completed.
14.
Retail use for new and used automobiles, farm equipment, recreational
vehicles or boats, trucking terminals or similar uses: Each such use
may have one (1) freestanding sign for each two hundred (200) feet
of unbroken frontage with a maximum of three (3) signs per site. Such
sign shall not exceed eight (80) feet in height, shall be set back
from the street rights-of-way at least thirty (30) feet, and from
driveways at least twenty (20) feet, shall be set back from any property
line a minimum of fifty (50) feet and shall not exceed an area of
two hundred (200) square feet. In addition to said freestanding sign(s),
the following attached signs are permitted:
a.
One (1) sign displaying the name and insignia of the business
or use attached against the front of the building used for sales office
and/or showroom, not exceeding an area equivalent to five percent
(5%) of the front facade of said building or one hundred (100) square
feet, whichever is smaller.
b.
One (1) attached sign not exceeding twenty (20) square feet
in area, which sign or signs identify specific areas or the structure(s)
utilized for accessory uses, such as a garage, office, or service
area. Said sign(s) shall be located directly above or in close proximity
to the entrance leading to said portion of the principal structure
or accessory structure used for the specific use advertised.
15.
Home occupation and home professional occupation: A home or home
professional occupation is permitted one (1) sign illuminated or non-illuminated,
with two (2) square feet of display area per side for advertising
or a maximum of four (4) square feet of total advertising area. Said
sign may be freestanding on a post or pole outside the street rights-of-way
and the side yard setbacks for the zoning district within which it
is located, or it may be attached to the front of the home or accessory
structure wherein the home occupation is located. If illuminated,
said illumination shall be designed to prevent a nuisance to adjoining
properties or traffic along adjoining street rights-of-way.
A village commercial home occupation is permitted one (1) sign,
illuminated or non-illuminated, with a total display area of twelve
(12) square feet, including both side if doubled-faced. Said sign
may be freestanding on a post or pole outside the street rights-of-way
and the side yard setbacks for the zoning district within which it
is located, or it may be attached to the front of the home or accessory
structure wherein the home occupation is located. Said sign shall
be located, constructed and placed so as to blend with its location
and character of the village within which it is located. If illuminated,
said illumination shall be designed to prevent a nuisance to adjoining
properties or traffic along adjoining street rights-of-way.
16.
Grand openings: A new business, or other use celebrating its opening
or reopening in the case of new, renovated or change of business activity,
may temporarily display banners, pennants or flags on the primary
building of the business involved or the property thereof provided
that such banners, pennants or flags are not located in such a way
as to obscure driver vision from adjoining roadways or driveways,
impede access to the building, walkways or the site, or are displayed
in such a way as to create a safety hazard. All banners, pennants
or flags shall be securely attached or positioned in a fashion to
provide clear access and not create safety hazards. Additionally,
one (1) temporary sign may be attached to said business' building
or structure, or located as a freestanding sign of not more than 100
square feet in area or at a height greater than thirty (30) feet,
and which sign shall announce "Grand Opening," or other brief relevant
notice.
Freestanding signs shall not obscure driver vision from adjoining
roads and driveways or impede access to the site, buildings or pedestrian
ways. If said sign is attached to a structure, it shall not obscure
or block doors, windows or other exits from said structure, and be
securely attached to said building.
All such signs, banners, pennants or flags placement shall require
a sign permit and said permit shall allow such placement for a period
of time not to exceed three (3) weeks in duration. Only one such sign
permit for such an opening or reopening shall be issued for any one
business, development or use within any one (1) calendar year unless
said business, development or use has recently changed ownership,
undergone a change of commercial activity or a major remodeling requiring
site plan review or a new zoning permit.
Inflatable, mechanized figures or special lighting equipment
or devices shall require Land Use Board approval prior to issuance
of a sign permit and will be subject to compliance with the Uniform
Construction Code.
17.
Other use: Whenever it is proposed to erect, construct or install
a sign for a use or structure, as permitted under the provisions of
this chapter, which said use does not generally approximate a use
set forth in this Section as to sign details or numbers permitted,
the Zoning Officer may issue a sign or zoning permit for one (1) sign
not exceed fifty (50) square feet in area which meets the maximum
setback requirements for an accessory use in the zoning district in
which the sign is to be located. All other cases shall require review
and approval by the Land Use Board.
E.
Sign interpretation and measurement. For the purposes of determining
the number of signs, a sign shall be considered to be a single surface
or display device, containing elements organized, related and composed
to form a unit. Where matter is displayed in a random manner without
organized relationship of elements, or where there is a reasonable
doubt about the relationship of elements, each element shall be considered
to be a single sign. The surface area of the sign shall be computed
to include the entire area within a parallelogram, triangle, circle,
semicircle or other geometric design comprising all of the display
area of the sign and including all of the elements of the matter displayed.
Frames and structural members of freestanding signs shall not be included
in computation of the sign surface area.
F.
Temporary signs. Zoning or sign permits are required for temporary signs, except real estate signs as provided for in Section 35-8.13A4, and, when granted, shall authorize the erection of said signs and their maintenance for a period not to exceed ninety (90) days in any one (1) calendar year. When found reasonable, the Land Use Board may grant an extension for a temporary sign permit in accordance with the procedures for granting an area variance set forth in Section 35-13.7 of this chapter. Temporary signs shall not exceed thirty-two (32) square feet in area on one (1) side. The advertisement contained on any temporary sign shall pertain only to the business or activity conducted or to be conducted on or within the premises on which such sign is or will be erected or maintained. A zoning or sign permit shall not be required for temporary signs of a civic, political or religious nature to be erected or placed by a non-profit organization and which meets the standards of this Section.
G.
Sign Maintenance.
1.
Signs must be maintained in good condition and must also not be allowed
to deteriorate or become dilapidated. The Construction Official shall
require proper maintenance of all signs and shall inspect every sign
which requires issuance of a permit within thirty (30) days after
it is erected. All signs, together with all of their supports, braces,
guys and anchors, shall be kept in repair and in proper state of preservation.
The display surface of all signs shall be kept neatly painted and
posted at all times.
2.
The Construction Official or Zoning Officer shall notify, in writing,
the owner of any sign which is in disrepair, of such state. The owner
of such sign shall correct such deficiency within a reasonable period
of time form the date of said notice. In the event that the owner
fails to correct said deficiency or make required repairs, the Construction
Official or Zoning Officer shall institute proceedings for compliance
with said notice or the removal of the sign found in disrepair if
so warranted.
H.
Off-site signs. As of the effective date of this chapter, off-site
commercial or private signs are prohibited except as expressly permitted
within this Subsection:
1.
Off-site signs, public information signs and control signals as specified in Section 35-8.13A are permitted in all zoning districts.
2.
Off-site signs for direction to places of worship are permitted in
all zoning districts as a conditional use.
3.
Temporary off-site signs for real estate sale, yard or garage sales,
charitable organization/non-profit activities, and seasonal agricultural
stands are permitted in all zoning districts. These signs must be
removed upon termination of the activity which they advertise.
4.
Off-site signs for commercial advertising, subject to all other conditions
of this subsection are permitted in the following zoning districts:
VB Village Business, VLI Village Light Industry and VHB Village Highway
Business in accordance with Section 8.13C5.
5.
For any off-site sign not in conformance with this chapter, conformance
is required as per Section 35-8.12C5 of this chapter.
The following standards and regulations shall apply to swimming
pools:
A.
Private swimming pools.
1.
Open pools in excess of two and one-half (2 1/2) feet in depth
are considered swimming pools and as structures for the purpose of
permits and regulations of the Township ordinances. For the purpose
of this chapter, swimming pools, exclusive of patio area, shall not
be counted as impervious cover in computing lot coverage and shall
not be located in any required front or side yard area.
2.
All swimming pools shall be at least twenty (20) feet from any property
line and shall be installed in accordance with the Uniform Construction
Code.
3.
All swimming pools shall be provided with a filtering and disinfecting
system, meeting New Jersey State Department of Health requirements.
4.
All swimming pools shall drain in conformance to a system approved
by the Health Code official and/or the Construction Code Official.
B.
Semi-public and public swimming pools and swimming clubs. Semi-public
and public swimming pools and swimming pool clubs operated on a nonprofit,
annual membership basis shall be permitted as indicated on the Schedule
of Zoning District Regulations, provided that:
1.
Proof is furnished to the Zoning Officer that the proposed use is
a bona fide nonprofit activity, organized solely for the use and enjoyment
of the membership.
2.
The parcel involved in the use shall contain at least three (3) acres
and shall have two hundred (200) feet of frontage on a public road
or street.
3.
No more than a total of forty percent (40%) of the lot shall be covered
by structures, parking areas and the pool, together with its adjoining
impervious surface areas.
4.
No part of the pool, its accompanying impervious surfaced areas or
other supporting or accessory structures or activity areas shall be
located within seventy-five (75) feet of a property line, or less
than three hundred (300) feet from the nearest dwelling.
5.
The maximum membership of the club shall be fixed at the time of
application and shall be commensurate with the size of the parcel
and the scale and facilities contemplated. No expansion of the membership
shall be permitted subsequently without application to and approval
of the Land Use Board.
6.
All pools shall be surrounded on all sides by a yard twenty-five
(25) feet in width, exclusive of parking area and accompanying impervious
surface areas.
7.
All pools shall have permanent and direct access to a public street.
8.
All pools shall be surrounded by a fence at least six (6) feet in
height, the entrance to which shall be kept locked when an attendant
is not present.
9.
All lot boundaries shall be screened in accordance with the provisions of Section 35-11.4C of this chapter whenever in the opinion of the Land Use Board such screening is necessary to protect adjoining properties and uses from the nuisance effects of said swimming pool and/or accessory activities such as, but not limited to, noise, glare, or blowing debris.
11.
In the case of campgrounds or hotels or motels wherein a swimming
pool is an accessory use thereto, the Land Use Board may adjust or
waive the requirements of this subsection as deemed appropriate, provided
that the use of said pool is not also offered on a membership basis
to persons or groups not staying at the campground, hotel or motel.
No hazardous or toxic substances, including hazardous wastes,
shall be stored, transferred, processed, discharged, disposed or otherwise
used in the Pinelands Area. The land application of waste or waste
derived materials is prohibited in the Pinelands Area, except as expressly
authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall
only be permitted in the Pinelands Area in accordance with the standards
set forth in N.J.A.C. 77:50-6.
