Campgrounds are permitted only within the Pinelands Protection
Area. Recreational campgrounds may be established as a conditional
use as provided in the Schedule of District Regulations and subject
to meeting the following conditions and requirements:
A. All campgrounds shall contain not less than twenty-five (25) campsites.
B. Campgrounds shall be permitted only on parcels of land wherein not
more than twenty-five percent (25%) of the entire parcel is determined
by the Land Use Board to:
1. Contain wetlands soils or vegetation,
2. Contain the habitat area of an endangered or threatened species of
vegetation or wildlife, and/or
3. Contain historical or archeological sites.
For campgrounds proposed to contain forty-nine (49) or less
campsites, the percentage of sensitive land as set forth above shall
not exceed thirty-five percent (35%). The determination of such sensitive
conditions shall be made using data and mapping provided by the Pinelands
Commission, Township Land Use Board or other suitably collected and
similar data provided by the applicant and acceptable to the Land
Use Board.
C. Any proposed campground shall comply with the following standards
and regulations:
1. The gross density of any campground shall not exceed six (6) campsites
per acre or a net density of ten (10) campsites per acre. Within the
Pinelands Forest Area, the gross density of any campground shall not
exceed one (1) campsite per gross acre.
2. At least forty percent (40%) of the parcel involved shall be maintained in permanent open space or recreational areas. Recreational facilities such as hiking or biking trails, beaches, ball fields, tennis or volleyball courts, picnic areas, swimming pools, play areas and similar uses shall be provided. Of areas set aside as permanent open space, at least fifty percent (50%) shall be in tracts of reasonable size in depth and shape to provide meaningful open space areas and not be considered environmentally sensitive as defined in Section
35-9.1B above.
3. All buildings and structures, individual campsites, and other facilities
shall be set back one hundred (100) feet from any adjoining properties
and two hundred (200) feet from any scenic corridor as defined in
this chapter.
4. All campgrounds shall conform to all health regulations, the New
Jersey Campground Code, the Uniform Construction Code and where deemed
necessary, such other reasonable regulations and standards as required
to protect the public health and safety. The Land Use Board, as a
condition of its approval, may require specific facilities for the
provision of potable water, sanitary sewer and other health facilities
which are reasonable and intended to protect public health, safety
and welfare. Facilities shall be provided throughout a campground
for collection of solid waste, and a scheduled pickup of same for
its removal from the site shall be required.
5. Permanent, year-round residence of any campsite at any campground
shall be prohibited. Residential occupancy of a campground shall also
be prohibited, except for one (1) dwelling of the campground. For
purposes of this Section, "residential occupancy" shall be defined
as that use of a trailer, recreational vehicle, structure or other
facility for permanent, year-round occupancy other than seasonal and
incidental to recreational area use. For the purposes of this chapter,
the season for campground usage is the period of time between April
1 and November 1.
6. Campground occupancy shall be restricted to recreational vehicles,
trailers of less than thirty-two (32) feet in length, camp cars, vans,
similar mobile or movable recreational purpose units and tents. Mobile
homes or recreational trailers intended, designed and marketed for
permanent, year-round occupancy shall be prohibited.
7. A minimum one hundred (100) foot buffer area of vegetation and/or
fencing approved by the Land Use Board shall be maintained around
the perimeter of all campgrounds.
8. Individual campsites shall be designed and laid out to provide adequate
space for a travel trailer, recreational vehicle or tent as its purpose
is intended. The site shall have space for the parking of two (2)
vehicles, other than the recreational vehicle or travel trailer. If
visitor parking is provided at another location within the campground,
campsites with only one (1) "on-site" parking space will be permitted
in an amount equal to the number of "off-campsite" spaces provided.
Campsites will be of reasonable size, dimensions and shape to
serve the purpose intended thereon and provide ease of access, maintain
individual campsite privacy, reduce or eliminate campsite-generated
nuisances to other campsites within the campground and to blend with
the natural features of the site. Where utilities hook-up fixtures,
fireplaces or other campsite amenities are provided, they shall be
located and designed so as not to inhibit or prevent movement to or
from the campsite or create a safety hazard.
9. Driveway and/or roadway surfaces shall be designed and constructed
to minimize or eliminate dust. Bicycle and pedestrian ways shall be
provided and, wherever reasonable, separated from motor vehicle traffic.
Access to or from any campground shall be limited to one (1) access
way for each two hundred (200) feet of frontage on a public, paved
road abutting the campground, provided not more than two (2) access
ways shall be permitted. Where deemed reasonable for safety in case
of an emergency, the Land Use Board may waive the frontage requirement
to allow the two (2) access ways for one site on request of the applicant.
The Land Use Board in so waiving the required frontage shall stipulate
that the second access way be limited to emergency use only.
10. The Land Use Board, in reviewing the site plan of any proposed campground,
shall respect any applicant's attempt to maintain the natural setting
and limit specific requirements for the installation of facilities
or other improvements to those reasonably required to eliminate or
minimize situations hazardous to the campground residents, adjoining
properties or the public welfare.
11. There shall be full-time, on-site supervision of any campground during
the entire camping season. Further, a log shall be kept (and be made
available to the Township if required) listing the campsite number/name,
occupant's names, dates of arrival and departure and type of campsite,
e.g., recreational vehicle, travel trailer or tent.
D. An application for a conditional use permit for a campground shall be accompanied by a site plan which, in addition to details required to be shown thereon in accordance with Section
35-13.11 of this chapter, as applicable, shall also include the following details:
1. A layout detail of the campground showing all campsites with a site
plan of a typical campsite or campsites, if more than one type is
to be provided;
2. A schedule of development for all proposed facilities and campsites
proposed to be developed; and
3. An environmental impact statement as required in Section 35-13.11D3e
of this chapter.
In those cases where full development of a campground is intended
or proposed over a period of time, the Land Use Board may approve
sections or phases of the campground provided that the overall plan
for ultimate development of the campground has been conditionally
approved. Furthermore, all such phases must meet acceptable standards,
as determined by the Land Use Board or any duly authorized governmental
agency having jurisdiction, for the provisioning of sanitary, potable
water, electrical, access ways and other necessary facilities or improvements.
Approval of any section of a campground shall be withheld whenever
it is determined that the developer has failed to maintain existing
section(s)/phase(s) as approved in the original site plan or subsequent
approved revisions thereof. Such approval of future sections of a
campground shall not be unreasonably withheld.
E. No permanent foundation, patio, structure, porch, shed or other building
shall be erected, constructed, connected or otherwise attached to
any travel trailer, recreational vehicle or tent at any campsite.
F. As an accessory use to a campground, one (1) residential dwelling
for the use of the owner, manager or operator of the campground will
be permitted. Where conditions permit and at the discretion of the
Land Use Board, one (1) "general store" designed, sized and solely
intended for the use of the campground residents and guests may be
permitted. Additionally, common sanitary and bathing facilities as
permanent structures may be provided as an accessory use to a campground.
G. In addition to any other requirements or standards to be met by the
applicant, the Land Use Board approval of a site plan and conditional
use permit for a campground shall not alleviate or in any way indicate
approval of or the recommendation for approval of a campground license
which may form time to time, be required by the Township of Maurice
River.
[Ord. No. 620 §§ 9-12]
Cluster developments are permitted in residential zoning districts as set forth in the Schedule of District Regulations in accordance with the following regulations, and may require an environmental impact statement as per Section
35-13.11C22 of this chapter.
A. Land area equal to a minimum of twenty percent (20%) of the total
tract of land proposed for development shall not be included in lots,
but shall be set aside for conservation, open space, recreation and
park areas or other public purposes. Land utilized for street rights-of-way,
driveways, parking areas, courtyards, utility stations, buffer strips
and loading areas shall not be included as part of the above referenced
twenty percent (20%).
B. Not more than fifty percent (50%) of the total open spaced saved as per subsection
A above shall be located in one (1) or more of the following: a floodplain, areas with a slope greater than ten percent (10%), watercourses or bodies of water, wildlife habitats or other areas deemed unsuitable for development and recreational purposes due to environmental reasons as made evident by the review of the environmental impact statement, where required.
C. At least fifty percent (50%) of the total open space saved shall
be used for one (1) or more of the following active recreational purposes:
golf courses with accompanying club houses and facilities, swimming
pools and cabana clubs, tennis, badminton, volleyball and basketball
courts, playing fields, riding clubs, limited membership outdoor recreational
areas, or private landscaped areas under the supervision of a homeowners'
association as provided for in this Section.
D. The remaining portion of open spaces saved shall be permanently devoted
to one (1) or more of the following open land uses: parks or playgrounds,
woodland conservation areas, game preserves, wildlife refuge, pedestrian
walkways, bicycle paths and bridle trails, stream preservation, and
watershed protection or flood control areas. An application for a
cluster development shall clearly identify all open space areas and
its proposed land uses.
E. Provisions made within any cluster development for open space and
recreational areas shall be reviewed, found adequate and approved
by the Land Use Board. In its review, the Land Use Board shall investigate
the size of parcels devoted to open space and recreational areas,
their location within the project, the topography, the uses contemplated
upon such open space and recreational area, configurations of the
parcels under consideration, facilities and improvements to be provided,
the provisions made for maintenance and access to said parcels or
facilities, traffic flows to and around said parcels, the ecological
impacts of their placement, development and use, the staging or timing
of the open space or recreational area development, and how various
categories or recreational facilities or open space and their location
will be proportionally related to the staging of the development of
housing units, if such staging is proposed. The Land Use Board shall
make detailed findings concerning the adequacy or inadequacy of the
aforesaid items to be reviewed in determining their conformity with
the provisions of this chapter, the adopted Township Master Plan,
and any other plans or regulations applicable or relevant to the lands
involved. The provisions made shall be deemed adequate if the Land
Use Board determines that:
1. Portions of the open space and recreational areas are readily accessible
to all residential dwelling units.
2. The uses being designated for open space and recreational areas are
reasonably related to and appropriate and sufficient to meet the needs
of the project's residents for a variety of uses appealing to all
socioeconomic levels and age groups.
3. The uses designated for open space and recreational areas will be
functional upon the arrival of the residents who will use them.
4. The topography and environmental character of the land is suitable
for the uses proposed, and the uses will not cause unreasonable adverse
impacts to the ecology of the area incapable of being mitigated.
5. The open space and recreational areas are conveniently and appropriately
designed with regard to the project's pedestrian and vehicular traffic
patterns, to provide adequate access to, in, around and from the uses
proposed.
F. While nothing herein contained shall be deemed to require that, as
a condition of development approval, a developer must make available
lands for public use which are proposed for open space and recreational
areas, the Township may, at any time and from time to time, accept
the dedication of said land(s) or any interest therein for public
use and maintenance where a free and non-coerced offer is made by
the developer or owners of said land(s). That said offer is free and
non-coerced shall be established on the record of any public meeting
wherein said offer is made. Lands offered to the Township shall meet
the following requirements:
1. Lands offered for recreational purposes shall be improved by the
developer, including equipment, walkways, roadways, driveways and
landscaping, in order to qualify the lands for acceptance by the Township.
2. Any land offered to the Township shall be optimally related to the
overall plan and design of the development and improved to best suit
the purpose(s) for which it is intended.
3. The lands offered to the Township shall be subject to review by the
Land Use Board, which in its review and evaluation of the suitability
of such land, shall be guided by the adopted Master Plan of the Township,
by the ability to assemble and relate such lands to an overall plan
for the community's recreational and open space needs, and by the
accessibility and potential utilization of such lands by the public.
The Land Use Board may request an opinion of other public agencies
or individuals as to the advisability of the Township's accepting
any lands to be so offered. In making this evaluation, particular
consideration shall be given to the impact of public access to the
proposed open space or recreational lands upon the residents of the
cluster development and surrounding residentially used lands.
4. Every parcel of land offered to and accepted by the Township shall
be conveyed to the Township by deed at time of submission of the final
plan to the Land Use Board for review and approval. The deed shall
contain such restrictions as may reasonably be required by the Land
Use Board to effectuate the conditions hereinabove pertaining to the
use of such areas. Should the subdivision or development consist of
a number of development stages, the Land Use Board may require that
acreage proportionate in size to the stage being considered for final
approval be offered to the Township simultaneously with the granting
of final approval for that particular stage, even though these lands
may be located in a different section of the overall development.
5. The minimum size of each parcel offered to the Township shall be
five (5) acres.
6. Nothing herein shall be construed or intended to imply that the governing
body of the Township is required to accept lands so offered, except
that the governing body when considering acceptance of such lands
shall take into account the findings of the Land Use Board.
G. Densities shall be as provided in the Schedule of District Regulations
or as may be determined by the Land Use Board in the case of a conditional
use.
H. All cluster developments shall be considered to be major subdivisions subject to subdivision review and approval as set forth in Section
35-13.1 of this chapter. In case of a cluster development application requiring a conditional use permit, besides being subject to all regulations hereinabove contained in this Section, the Land Use Board shall find that:
1. The proposed development, its design and layout, and its size will
not be detrimental to the surrounding neighborhood or to the intent
and purposes of this chapter or the adopted Township Master Plan.
Furthermore, the design shall be such that the use of the clustering
achieves maximum benefit in the use of land, preservation of open
space and good development design principals and techniques;
2. An environmental impact statement has been required, reviewed and
found to determine that as proposed the development will not unreasonably
adversely affect the environment of the lands upon which it is to
be located or those adjacent thereto, or to create reasonably demonstrable
adverse impacts off site; and
3. Cluster development as proposed will create a residential project
harmonious with its environment and surrounding development.
A dwelling unit to be utilized in connection with the operation
or ownership of a commercial activity or use may be permitted as a
an accessory use within a PVC-3 Pinelands Village Center, PVC-5 Pinelands
Village Center or VC Village Center Zoning District, and as a conditional
use in the PVB Pinelands Village Business, PVHB Pinelands Village
Highway Business, VB Village Business, VHB Village Highway Business
and the VLI Village Light Industrial Zoning Districts as set forth
in the Schedule of District Regulations for the respective zoning
districts noted above. Within the Pinelands Village zoning districts
cited above, water quality standards and their attendant lot area
requirements will have to be met for the residential and nonresidential
uses on the lot. When permitted, not more than one (1) attached or
detached dwelling unit may be provided in conjunction with a commercial
or light industrial use under the following conditions:
A. The dwelling unit may be attached to the principal structure on the
property involved and used for commercial activity or it may be a
detached dwelling unit, excluding a mobile home, but located on the
property whereon the commercial or light industrial use is located.
The dwelling unit shall be occupied only by the owner or manager of
said commercial use or activity. In order to obtain a zoning permit
for such a commercial use-related dwelling, the applicant shall provide
an affidavit to verify that the owner or manager of the business or
retail use or activity involved in the application will be the resident
that will occupy the commercial use-related dwelling unit. It is the
purpose of this subsection to allow the use of a commercial use-related
dwelling unit by the owner or manager of commercial or business use
as to provide security, service and/or economy of operation to the
principal use of the property for business or commerce.
B. Said commercial use-related dwelling unit shall be located according
to the maximum and minimum building standards and set backs established
in the Schedule of District Regulations for the zoning district in
which it is to be located.
C. Any zoning permit and certificate of occupancy for a commercial use-related
dwelling unit to a commercial or retail use or activity shall remain
valid only so long as the said unit is occupied by the owner or manager
of the said commercial or retail use or activity. When the said dwelling
is no longer occupied by the owner, manager or an employee of the
principal commercial use of the property, then the dwelling unit shall
be used strictly for commercial or retail activities and a revised
site plan for the conversion of the dwelling unit to those uses shall
be submitted and approved by the Land Use Board. The Land Use Board
shall determine relationship between the occupants of a commercial
use-related dwelling to the commercial use to which it is attached
based on information to be supplied to it by the owner of the commercial
use which reasonably show employment by or bona fide connection to
said commercial use. Said revised site plan shall not be required
if the size of the dwelling unit is less than five percent (5%) of
the square footage of the primary commercial or business use structure.
Continued use of the dwelling unit in conjunction with the primary commercial or business use of the property by other than the owner of the property or manager of the business use shall then require a variance for said dwelling unit in accordance with the provisions of Section
35-4.6G4 of this chapter. It is the intent of this subsection to only permit a residential use to an active business or commercial activity by its owner or manager where such use seems appropriate and reasonable to continued commercial use of the property. When not utilized by the owner or manager of the commercial activity then it is incumbent upon the owner of the said commercial use-related dwelling unit to prove that it can be utilized without creating conflicts between residential and commercial activities being carried out on the same property.
D. A commercial use-related dwelling use shall be considered as part of the retail or commercial use of the property and shall be subject to site plan review as required for such uses by Section
35-13.1 of this chapter. As a related use thereto, it shall be provided with all required utilities and additional off-street parking subject to the provisions of Section
35-8.8A herein this chapter. In reviewing the site plan, the Land Use Board may impose such conditions as deemed reasonably warranted to protect the health, safety and welfare of the occupants of the commercial use-related dwelling unit from the commercial or retail activities also carried out on the site.
E. Not more than one (1) such use-related dwelling unit shall be permitted
for any one (1) property principally used for business or commercial
activities regardless of the number of said activities carried out
on the site. In addition, the size of the use-related dwelling unit
shall be clearly subordinate to the principal commercial use of the
property. To this end, no commercial use-related dwelling shall be
larger than forty percent (40%) of the square footage of the commercial
use or activity structure to which it is related.
Duplex or semi-detached houses shall be permitted upon a finding
by the Land Use Board that said use will not adversely affect the
character or density patterns of the areas or neighborhood in which
said use is proposed. No such use shall be permitted to front or have
driveways exiting onto an arterial or collector road as classified
by the adopted Township Master Plan. Where permitted in accordance
with the provisions of the Schedule of District Regulations, the following
conditions shall be met:
A. Any duplex or semi-detached dwellings shall share a common driveway of not less than twenty-four (24) feet wherever reasonable with on-site parking complying with the provisions of Section
35-8.8A of this chapter. Said parking may be provided within garages, but when garages are provided they shall be attached to the duplex or semi-detached dwelling and provide access to each unit contained therein. All dwelling units in a duplex or semi-detached dwelling shall have direct access to a public street or right-of-way.
B. No fencing shall be erected within the front yard areas except that
dooryards or patio areas attached to the dwelling unit and screened
from the street shall be permitted, provided that any such screening,
if not plant material, shall be located at the front yard setback
line.
C. Architectural drawings of the front facade(s) of a duplex or a semi-detached
dwelling shall be submitted for review and approval by the Land Use
Board of the uniformity of design of the two units. Deed restrictions
or covenants shall be required in a manner, method or procedure approved
by the Land Use Board, providing that attached units maintain, within
reason, conformity of aesthetic appearance to the entire structure
when viewed as a whole from the street or public right-of-way. Aesthetic
appearance shall mean color, fenestration, entrances, front facade
design or embellishment, fencing or lighting not attached to the walls
of the individual dwelling units contained therein.
D. Conversion of residential units, as permitted by Section
35-8.2 of this chapter, shall be permitted for duplex or semi-detached dwellings. Only home occupations as provided in Section
35-8.6A shall be permitted within such units. No nonresident employees shall be permitted.
Gasoline stations and/or repair garages, including facilities
or structures used for the painting of motor vehicles, and car washes
may be established when they meet the following conditions:
A. In addition to site plan details required by Section
35-13.11, the site plan submitted in connection with an application for a gasoline station and/or repair garage or car wash shall also include:
1. The location of all fuel tanks and pumps,
2. The dimensions and capacity of each tank,
3. The depth the tanks will be buried below ground level,
4. The location and use of all structures, whether principal or accessory,
to be constructed on-site, and
5. The location and maximum number of automobiles or motor vehicles
in need of service which are to be garaged or parked on the premises
at one time.
B. No motor vehicle gasoline station or repair garage shall be located
within two hundred (200) feet of the entrance to a school, recreational
area or facility, library, hospital, church or cemetery. Such distances
shall be measured in a straight line from the property line of the
referenced structures, areas or facilities to the station or garage
lot line nearest said structure, area or facility along the street
line.
C. It is intended that gasoline stations or repair garages be designed
compatibly with other permitted commercial and industrial uses in
the zone district in which they are proposed to be located, that they
not be stripped along the available highway frontage or as more than
two (2) quadrants of any intersection, and that they be included within
shopping centers and industrial parks as an integral part of the overall
design. Ingress and egress shall be designed to recognize turning
movements generated. These access points shall be coordinated with
the access points required for adjacent or nearby uses and the frequency
of intersecting side streets.
D. Any part of a property or site to be used for the repair of vehicles,
dispensing of fluids, prolonged motor vehicle idling, or the painting
of vehicles shall not be located in any floodplain or within one hundred
(100) feet thereof or of a residence, church, school, library, eating
establishment or health care facility unless undertaken entirely within
an enclosed, ventilated with a filtered system, and sound-proof structure.
E. All fuel pumps shall be located at least thirty-five (35) feet from
any property line. All fuel tanks shall be installed underground and
shall be located at least thirty-five (35) feet from any property
line. A minimum space of twenty-five (25) feet shall exist between
any two (2) pumping islands and any structures.
F. All storage areas shall be suitably screened, and no vehicles shall
be stored on-site which are not awaiting repair work within a reasonable
period of time. Facilities for trash disposal shall be provided and,
where necessary, screened. No junked automobiles or parts thereof
and no unregistered motor vehicles shall be permitted outside an enclosed
building. In the case of repair garages which are part of or established
in conjunction with the sale of motor vehicles and/or the sale or
repair of farm equipment or machines, recreational vehicles or boats,
new or used unregistered boats or vehicles may be stored outside a
structure on designated sales and display areas.
G. As a minimum, screening as required in Section
35-11.4D shall be required along any property line adjoining a residentially zoned or used property. The Land Use Board may require additional buffering and other protective measures as necessary to protect surrounding properties from the effect of light glare, noise, air pollution or fumes, or other nuisances generated the gasoline station or repair garage.
H. Any part of the site proposed for a gasoline or service station or
repair garage subject to access by motor vehicles shall be paved or
provided with a dustless, hard surface.
I. Except in the case of farm equipment machinery, recreational vehicles
or boats, all work on vehicles involving body repairs, removal of
engines or transmission or painting shall be performed in an enclosed
structure with a ventilated and filtered air system to prevent fumes
from escaping in such a way as to be hazardous or a nuisance to adjoining
properties.
J. Accessory goods for sale may be displayed in a principal building
and on the pump island(s). All other exterior displays and parking
of equipment for rent or sale shall be permitted provided that the
area devoted to the purpose is in addition to the minimum lot size
required for a gasoline or service station or repair garage, the area
devoted to this purpose does not exceed twenty percent (20%) of the
total area of the entire site, the maximum sign area for the station
or garage is not exceeded, and the location of the equipment being
rented or offered for sale does not interfere with the required off-street
parking requirements for the service station or garage and does not
interfere with the on-site traffic circulation indicated on the approved
site plan. The storage of vehicles not in operating condition as permitted
by this Section shall be stored only if all fuel tanks in such vehicles
are drained.
K. All gasoline stations and/or repair garages shall be provided with
adequate facilities, equipment and structures and shall be designed
to ensure against degradation of or adverse impacts to the environment
and adjacent land uses within five hundred (500) feet of the property
involved. Such facilities and equipment include storage tanks for
used motor oil or other fluids or petroleum products, emission control
and air quality devices and separate disposal systems designed to
properly handle wastewaters used in connection with such uses, including
motor vehicle and boat or machinery cleaning.
L. A convenience store or car wash facility shall be considered an accessory
use to a gasoline service station.
M. In addition to complying with all the requirements listed herein
this Section, car washes, whether the principal use or an accessory
use, shall also meet the following conditions:
1. Sufficient on-site area shall be provided to permit cars or other
vehicles waiting for service. Such waiting areas shall be suitably
screened from adjoining properties.
2. All wastewater generated from such uses shall be recycled, and such
wastewater not able to be recycled shall be disposed of in a public
wastewater system or an approved on-site disposal system to handle
such flows and prevent degradation of groundwater supplies. No wastewater
will be allowed to leave the site through surface runoff or storm
drains.
[Section 35-9.6 was amended by Ordinance
No. 539]
A. The clubhouse, parking facilities, pro shop and accessory buildings
or uses including practice putting greens or driving ranges shall
be at least three hundred (300) feet from any adjacent property line
and at least five hundred (500) feet from the edge of any public road.
Any lighting or other illumination shall be designed and operated
to prevent glare onto adjoining roadways or adjacent properties.
B. Driveways shall be at least two hundred (200) feet from any adjacent
property line.
C. For purposes of site plan review, the clubhouse, parking facilities,
accessory buildings and uses including driving ranges, and all driveways
shall be considered to be commercial in nature and serving a commercial
land use, particularly with regard to buffering and screening requirements.
D. If a golf course is to be developed as part of a residential cluster
development, then not more than one-half of any playing areas, tees,
greens, fairways and their attendant buffer areas may be considered
as part of the required active open space if the golf course is open
to the public or to nonresidents of or property owners in the said
development.
No part of the golf course used for commercial purposes as stipulated
in above, may be included in such open space calculations. The entire
golf course and its accessory buildings or uses may not be included
when calculating net residential density.
E. Environmental Design/Maintenance Requirements.
1. Wildlife and Habitat Preservation.
a. The golf course/club shall be designed to preserve existing wooded
areas and utilize existing open space. In addition to existing cleared
land, the amount of additional land permitted to be cleared shall
be equal to twenty-five percent (25%) of the existing wooded acreage
subject to a minimum of seventy-five (75) acres. Existing cleared
areas not to be utilized by the course shall be mitigated by replacement
with native trees and shrubs, particularly in locations where stream
corridors are not shaded by vegetation at the time of development.
All landscaping, with the exception of that proposed for ornamental
use or screening/buffering, shall utilize native shrubs and trees
in accordance with Section 35-11.4AA1.
b. A complete inventory of all wildlife habitat and species on the property
shall be conducted including documentation of any endangered or threatened
habitat species.
c. Clearing, grading and other disturbances shall be designed to completely
avoid the nesting breeding and feeding areas of endangered and threatened
animal species, and to avoid the locations of endangered and threatened
plant species, and to provide protection for locally important species
of plants and animals.
d. A wildlife habitat and enhancement plan shall be developed to highlight
current areas of biological significance and outline ways in which
the course will improve conditions for native animal and plant species.
e. Application of pesticides or fertilizers shall be prohibited in natural
areas.
f. Gasoline powered maintenance and equipment vehicles may be utilized.
Gasoline powered golf carts shall be prohibited on any golf course.
g. The golf course shall be designed to preserve the character of the
viewshed, including the all surrounding uses, and to minimize the
visual impact of the golf course on the landscape. All golf courses
shall be designed to minimize the visual impact of the course on the
landscape through the provision of a forested buffer not less than
one hundred (100) feet in width around the perimeter of the parcel.
2. Water Quality Management
a. A vegetated buffer at least three hundred (300) feet wide (where
applicable), consisting of native trees, shrubs and ground cover,
shall be provided and maintained between any turf area which will
be treated with fertilizers or pesticides and the closest point of
any 10-year floodplain, wetlands, or top bank of any non-seasonal
stream or open water body, on or off-site.
b. The applicant shall demonstrate that the amount of managed turf used
on the course has been reduced to the maximum extent practical. Primary
play areas and, if the need is demonstrated, secondary play areas
are permitted to use managed turf not on the list below provided that
it has been shown to decrease irrigation and pesticide application
requirements. Other secondary play areas and all out-of-play areas
shall use only those species of drought and pest resistant turf listed
below:
(8)
Other varieties shown to be drought and pest resistant
c. The course design shall incorporate "no-mow" zones and "no-spray"
zones, the area of which should be maximized and situated adjacent
to existing areas of natural vegetative cover and water bodies.
d. An Integrated Turf Management (ITM) Plan and Integrated Pesticide
and Pest Management (IPM) Plan shall be provided, which are specific
to the operation and maintenance of the proposed golf course. These
plans shall be prepared in accordance with guidelines established
by the New Jersey Department of Environmental Protection (NJDEP),
and shall take into account guidelines promulgated by the United States
Golf Association (USGA) and the Golf Course Superintendents' Association
of America (GCSAA). These plans shall use Best Management Practices
(BMPs) to prevent and/or minimize adverse impacts of the golf course
on groundwater and surface water.
Specifically, the IMP Plan shall incorporate all of the following
items:
(1)
Strategies to prevent or discourage recurring pest problems,
which may include pest resistant turf, modifying microclimates, changing
cultural practices, and using various non-chemical control measures.
(2)
Selection of pesticides that have low toxicity, low solubility
(<30 ppm), high absorption rates (K>300), and short half lives
(<21-50 days).
(3)
Delineation of high, medium and low maintenance areas and the
thresholds of pest damage that the course will accept for each area.
(4)
Descriptions of the planned turfgrass.
(5)
Identification of local disease, insect and weed problems.
(6)
Identification of aesthetic and functional thresholds for pest
and disease.
e. Soil erosion and sedimentation shall be minimized through golf course
design which minimizes the need for mass grading for greens, tees
and fairways, coordinated soil erosion and sediment control measures,
and construction phasing which limits the extent of clearing and soil
exposure prior to re-vegetation.
f. All waterway crossings shall be bridged, not designed with culverts.
g. Monitoring of surface water and groundwater quality and quantity
shall be provided by the owner(s) on a quarterly basis according to
a Water Quality Monitoring Plan prepared specifically for the proposed
golf course/club. This monitoring shall include testing for nitrates
and all pesticides to be used on the course (only those found on the
Pinelands approved list may be applied — other pesticides registered
with the USEPA may be used only if they are approved by the Pinelands
Commission following the submission of a report detailing their characteristics).
At least twelve (12) testing sites shall be required; such site shall
be located (when deemed necessary) next to tees, greens, and fairways
in order to identify turf management issues, as well as at up gradient,
down gradient and side gradient locations on the golf course. Water
table monitoring shall also be provided, using continuous water table
monitoring equipment (data log). Such a monitoring program shall detail
the type, timing and frequency of testing, as well as identify the
specific chemical parameters to be tested, and shall be established
at the time the Integrated Turf Management Plan and the Integrated
Pesticide and Pest Management Plans required in Subsection E2d above
are approved by the Township. The monitoring program shall be consistent
with the guidelines established for monitoring plans established by
the New Jersey Department of Environmental Protection (NJDEP), Bureau
of Water Quality Analysis and the Pinelands Commission.
h. All streams that traverse the golf course shall be monitored at their
entry and exit points to establish impacts on surface water quality.
i. Detection levels of nitrates or pesticides above those standards
outlined in the Water Quality Management Plan required in Subsection
E2g above, or the presence of prohibited chemical constituents, shall
result in immediate re-testing at the impacted well site(s). A second
consecutive reading above allowable levels shall result in the use
of the product causing the readings to be immediately discontinued
at the site. A third test shall be conducted one month later; if the
problem persist, or if there are any chemical spills or other occurrences
that may present a hazard to local water quality or inhabitants, they
shall be immediately reported by the owner to the appropriate authorities
for possible mitigation. If the level of nitrate/nitrogen exceeds
two (2) ppm, the golf course superintendent shall provide the Township
and Pinelands Commission a written description of how he intends to
modify the turf management program in order to ensure consistency
with the two (2) ppm standard.
j. Assurances shall be provided that any adverse impacts on surface
water and groundwater, which results from operation of the golf course/club,
will be mitigated by the owner(s). Any chemical spills or other occurrences
that may present a hazard to local water quality or inhabitants shall
be immediately reported by the owner to the appropriate authorities.
k. Fertilizer runoff shall be reduced via slow-release fertilizers and
through the selection of organic products whenever possible.
l. Storage, handling, and disposal of chemicals shall be conducted in
compliance with State and OSHA regulations. Maintenance employees
shall be properly trained with respect to these procedures.
m. Whenever possible porous materials such as wood chips and gravel
shall be used as alternatives to asphalt and concrete.
n. Paved parking areas shall be limited to fifty (50) spaces, with additional
parking areas consisting of porous materials.
o. Planning shall be undertaken to ensure that stormwater does not enter
the streams during renovations /upgrades on the course.
p. Any non-point pollution control measures that are required as part
of the development plan shall be installed during the first phase
of the construction.
q. Storage and wash areas for maintenance equipment shall be covered
as to prevent runoff of chemicals. All chemical storage areas and
septic systems shall maintain a minimum distance of three hundred
(300) feet from all freshwater wetlands.
r. Where applicable grass clippings shall be composted rather than bagged.
3. Water Conservation Techniques
a. An Irrigation Water Management Plan (IWM) shall be submitted, specific
to the operation and maintenance of the proposed golf course. The
IWM shall demonstrate how, through the use of innovative technologies
and practices, the course will reduce water use by at least ten percent
(10%) as compared to state-of-the-art courses currently being constructed
outside the Pinelands. The IWM shall include specifics on installation
of an approved irrigation system that reduces to the extent practical
water use, evaluation of the irrigation system and pump operation
prior to season startup to ensure efficiency and proper functioning,
proper scheduling of irrigations by following a predetermined monitoring
and record-keeping procedure, installation of management tools and
devices, and testing of irrigation water quality. All irrigation areas
must be clearly delineated in the course layout. The IWM shall demonstrate
that areas eligible for irrigation are limited to greens collars,
tees, greens approaches, fairway landing zones, and other fairway
areas and shall demonstrate that the irrigation roughs will be limited
to the greatest extent possible. Water shall be scheduled as to reduce
evaporation and the potential for disease.
A water use budget and water recycling plan that complements
the IWM Plan required in herein above shall be prepared and submitted
shall be prepared and submitted, which is specific to the proposed
golf course. This plan shall detail the source of potable and irrigation
water, the projected amounts which will be required and the water
supply capacity of any aquifer from which such water will be withdrawn,
and should ensure that consumptive water use is minimized.
b. Where native shade trees are planted, as around waterways, they shall
be clumped as to reduce evaporation rates.
c. Watering shall be scheduled as to reduce evaporation and the potential
for disease.
d. One or more of the following water conservation techniques shall
be incorporated into the course design (if feasible):
(1)
Use of moisture sensing devices to regulate automatic irrigation
systems;
(2)
Use of drip irrigation systems; and/or
(3)
Use of manually operated irrigation systems.
e. The construction of runoff collection ponds in upland areas is encouraged
for use as stormwater management devices and as sources of irrigation
water. Best Management Practices (BMPs) shall be employed to maximize
recharge of surface runoff, where appropriate. Ponds shall be designed
and constructed to prevent stagnation, including the use of aeration
devices and other techniques to maintain pond water circulation.
f. Under drain systems shall be required for tees and greens utilizing
lined lakes that can be used as a source of irrigation water.
g. A water use budget and water recycling plan shall be prepared, which
is specific to the proposed golf course/club. This plan shall detail
the source of potable and irrigation water, the projected amounts
which will be required and the water supply capacity of any aquifer
from which such water will be withdrawn, and should ensure that consumptive
water use in minimized.
h. Following the installation of any well intended to serve as a water
supply source for the golf course / club, and prior to the issuance
of a certificate of occupancy, a pump test shall be conducted at the
maximum projected pumping rate, to assess the impact(s) on other well
users in the vicinity. The results of this test shall be used to project
the cone-of-depression for production wells, and to determine whether
existing wells will be adversely affected. If adverse effects on existing
wells are projected, alternative water supply sources shall be required
for the golf course/club.
i. Where a golf course/club will involve the construction of on-site
wastewater treatment facilities, reclaimed wastewater shall be land
applied for irrigation to the greatest extent practicable. The use
of reclaimed wastewater for irrigation shall only be permitted for
golf courses located within the Township's Pinelands Village areas.
j. Reuse of stormwater runoff shall be included as a component of the
course design/operation plan.
Industrial parks may be established on a minimum tract or parcel
of twenty (20) acres or more. All industrial parks shall comply with
the following conditions:
A. Only industrial and commercial or retail uses listed in the VLI Village
Light Industrial, VB Village Business and VHB Village Highway Business
zoning districts' Schedule of District Regulations shall be permitted
by right in an industrial park along with such conditional and accessory
use listed within the same zoning districts and as shown on the Schedules
of District Regulations. The Land Use Board may permit other commercial
or industrial uses if said proposed use does not subvert the intent
or the purpose of the zoning district in which it is to be located
and appears to be reasonably similar or related to cited permitted
principal, conditional or accessory uses.
B. Any industrial park shall be subject to subdivision review as set forth in Section
35-13.1 of this chapter and shall obtain approval of the Land Use Board for any parcel within said park to be sold, leased or otherwise established and utilized for an industrial or commercial use as permitted by this Section. Additionally, individual parcels to be utilized for industrial or commercial use are subject to site plan review as set forth in Section
35-13.1 of this chapter separate and apart from the subdivision approval of the industrial park itself. Said site plan review of individual parcels shall be limited to proposed on-site development and its overall coordination or connection to the said park and its facilities or systems.
C. In reviewing any proposed industrial park, the Land Use Board shall
either determine that no adverse effects will result from such development
or make such requirements as deemed reasonable and necessary to minimize
or eliminate any perceived or expected possible adverse effects. In
making such determination, the Land Use Board shall be authorized
to request such information or detailed reports as deemed reasonably
necessary in order to make said determination.
D. The minimum right-of-way for a road in an industrial park shall be
sixty (60) feet.
E. Industrial parks shall have a sufficient buffer strip established
adjacent to roadways, scenic corridors, and adjoining residential
property to screen the commercial and industrial activity from said
adjoining roadways, corridors or properties. At a minimum said buffer
shall be thirty (30) feet, but shall be increased by the Land Use
Board where deemed reasonable to provide the screening and buffering
necessary. Said buffer area may be utilized in computing minimum setback
requirements in connection with any single tract or parcel within
or a part of the park.
F. The minimum tract or lot size within an industrial park shall be
two (2) acres. In setting set back requirements and other lot dimensions
for area and frontage for any proposed development within an industrial
park, the Land Use Board shall be guided by the minimum and maximum
building standards for individual uses as set forth in the Schedule
of District Regulations which correspond to the proposed development
use or uses.
The provisions of this section shall not be applicable to a
commercial farm operation. The keeping of animals and/or livestock
and the use and operation of industrial activities using or involving
animals or livestock not in a farm setting, apiaries, pet shops, pet
grooming facilities, kennels, animal hospitals and/or animal rescue
operations or shelters shall be in accordance with the following requirements:
A. For purposes of this chapter, animals and livestock shall be separated
into the following classifications:
1. Class I animals: Horses, ponies, donkeys and other animals belonging
to the biological order of perissodactyla, and llamas, alpacas or
similar South American pack animals
2. Class II animals: Cow, cattle, pigs, goats, sheep, ostriches, emus
or similar large birds raised for meat or feathers, or other animals
commonly referred to as "livestock."
3. Class III animals: Any feathered vertebrate animal, including but
not limited to chickens, geese, ducks, turkeys, hens, pheasants or
other animals commonly referred to "barnyard."
4. Class IV animals: Common household pets such as dogs, cats, pet birds
such as parakeets, parrots, songbirds or exotic birds, guinea pigs,
ferret, or other animals kept as pets and reasonably expected to be
sold in a shopping center-type pet store.
5. Class V animals: Fox, mink, or animals bred for their fur including
rabbits (except in the case of one (1) or two (2) being kept as domestic
pets), monkeys, other wild or undomesticated animals which by State
or Federal law require a license to be kept in captivity.
B. The keeping of animals and/or livestock shall be permitted as per
the Schedule of District Regulations, provided the following conditions
are met:
1. Class I animals.
[Amended 12-15-2022 by Ord. No. 720]
a. The property must be a residential or agricultural zoning district.
b. Minimum lot area for one (1) Class I animal: one (1) acre, provided
that said animal is kept enclosed in a pen or corral containing not
less than five thousand (5,000) square feet in area.
c. Each additional Class I animal shall require an additional acre in
lot area and an additional two thousand (2,000) square feet of pen
or corral space area.
d. At a minimum, box stalls of one hundred (100) square feet and/or
straight stalls of five by eight (5 x 8) feet per animal within a
barn or stable shall be provided.
e. No animals shall be housed or manure stored outdoors closer than
one hundred (100) feet to any adjacent street or property line.
f. The available acreage shall take into account any additional Class
I, II or III animals such that each animal in each class has the minimum
acreage required. For example, if the lot area is three (3) acres,
then three (3) Class I animals would be permitted or two (2) Class
I animals and two (2) Class II animals would be permitted.
2. Class II and III animals (except pigs):
[Amended 12-15-2022 by Ord. No. 720]
a. The property must be a residential or agricultural zoning district.
b. Minimum lot area for up to two (2) Class II animals (except pigs
and cow, cattle or other similar bovine) or twelve (12) Class III
animals: one (1) acre.
c. Cow, cattle or other similar bovine require a minimum lot size of
three (3) acres for two (2) animals and one (1) offspring, provided
the offspring is under one thousand (1,000) pounds.
d. The keeping of pigs shall be prohibited in all residential, business,
or industrial zoning districts.
e. All Class II or Class III animals shall be kept enclosed in a pen,
corral or other suitable enclosure with appropriate animal housing
provided.
f. No animal shall be housed or manure stored outdoors closer than one
hundred (100) feet to any adjacent street or property line.
g. The available acreage shall take into account any additional Class
I, II or III animals such that each animal in each class has the minimum
acreage required. For example, if the lot area is three (3) acres,
then three (3) Class I animals would be permitted or two (2) Class
I animals and two (2) Class II animals would be permitted.
3. The keeping of Class IV animals shall be permitted in all zoning
districts, provided that the breeding and sale of such animals may
be determined a commercial use by the Zoning Officer based upon the
number of animals involved within a reasonable time period and the
use of the property and structures thereon for such activity. When
so determined a commercial activity, the property owner shall be subject
to the requirements of this chapter for such commercial activity,
including site plan review.
4. All fencing in connection with the enclosure of animals shall be installed no less than ten (10) feet from all adjacent property lines and at least fifty (50) feet from the nearest dwelling, excluding the dwelling of the animals' owner(s). In the case of electrified fencing, the provisions of Section
35-8.3D5 shall be met.
5. Whenever best management practice regulations have been promulgated
and adopted by the N.J. Department of Agriculture for any Class V
animals, and any such activity is proposed for other than a commercial
farming operation, then such activity shall require the granting of
a use variance including site plan review to assure that the best
management practices are adhered to and public health, safety and
welfare are adequately provided for in connection with such activity.
6. An apiary shall be permitted on any lot of at least two (2) acres
in size, provided that hives or housing for the bees shall be located
no less than one hundred (100) feet from the nearest dwelling, except
the hives' owner(s). All hives or bee housing shall be located at
least twenty-five (25) feet from any property line if the adjoining
property is not vacant land.
7. Kennels, animal hospitals, animal rescue operations or shelters,
or any place wherein animals may be boarded or sheltered, regardless
of whether or not a fee is charged or donations accepted, are only
permitted as a conditional use wherein provided in the Schedules of
District Regulations on parcels of five (5) acres or more in size.
If such a use is to be contained in a fully enclosed, sound-proof
structure then minimum lot area, yard and building requirements for
a commercial activity in the zone in which it is located shall apply.
If commercial land use activities are not permitted within the zoning
district wherein such a use is proposed, then the minimum lot size
shall be no less than three (3) acres.
All such uses are required to obtain a zoning permit and are subject to site plan review as per Section
35-13.1. Such review shall include any applicable permits and inspections by the local board of health, or other agencies having jurisdiction on the care and sheltering of animals. Additionally, all permits or other required approvals relevant to said use shall be provided prior to issuance of a zoning permit.
Pet shops, animal grooming facilities or businesses, riding
academies or establishments for animal obedience training or similar
uses shall be considered commercial uses and are not covered by this
Section provided however that the Land Use Board may utilize conditions
contained herein when reviewing site plans for any such use or activity.
[Ord. No. 594]
Storage, placement and use of a mobile home or trailer shall
be in accordance with the provisions of this Section:
A. Temporary use:
1. Temporary use of one (1) mobile home or trailer structure for "job
trailer," as an accessory use to a permitted principal use construction
site on the same lot therewith for a period to be set forth on the
permit therefore and as determined by the Land Use Board based on
reasonable projected construction time, shall be permitted. The temporary
use and location of said mobile home or trailer structure shall cease
upon expiration of the time period set by the Land Use Board or within
thirty (30) days of the issuance of a certificate of occupancy for
the said permitted principal use so constructed, whichever occurs
first. In no case shall the permit for said temporary use exceed eighteen
(18) months.
2. Temporary residential use of one (1) mobile home or trailer by the
owner(s) of property for which zoning and construction permits have
been issued for the construction of a residential structure on said
property and where said property is at least one (1) acre in size
and as a temporary accessory use to said permitted residential construction,
provided that:
a. A Board of Health approved and Uniform Construction Code acceptable
sanitary sewer system and potable water supply system have been installed
on or is available and suitable for such use on the property for use
by said temporary mobile home; said mobile home is completely and
satisfactorily connected to said systems according to the Uniform
Construction Code and all necessary approvals and permits have been
issued or obtained for same; and the sanitary sewer and potable water
supply systems are designed and intended for use by the residential
structure, once completed, and the mobile home is disconnected from
same prior to the issuance of a certificate of occupancy for the new
home.
b. The temporary connection of any such mobile home to any public utility
meets all Uniform Construction Code and subcode or other applicable
regulations as required safeguarding public health, safety and welfare.
c. The temporary mobile home is sited, installed and fully compliant
with all applicable requirements of this chapter, the Uniform Construction
Code and any other applicable regulations including requirements for
securing and tying down said temporary mobile home as required by
law or regulation.
d. Said temporary use shall be clearly stipulated in the zoning permit
for such a mobile home use and shall be for a period to begin with
the start of construction (as apposed to the issuance of a construction
permit) after the foundation, septic system and well have been installed
and/or completed and shall end with issuance of a certificate of occupancy
for the newly constructed residential dwelling or twelve (12) months
from the date of the issuance of the temporary permit, whichever shall
occur first. Any request for continued use of said temporary facility
shall require an application to the Zoning Officer including justification
of why construction has been delayed. If granted, an extension shall
not be for more than an additional six (6) months.
e. It is the intent of this Subsection to permit property owners to
utilize temporarily a mobile home to safeguard and protect the construction
of a dwelling and to deter or prevent theft and vandalism thereto.
Said use shall be temporary and in no case permitted to continue after
the issuance of a certificate of occupancy for the new residential
structure for which the temporary use of said mobile home or trailer
was requested. No actions which attempt to make permanent the placement
of any mobile home on the site, such as the installation of a foundation,
separate septic system or similar action, shall be permitted.
Under no circumstances is this Section to be understood or interpreted
to permit, authorize or approve that the issuance of a zoning permit
for the temporary use of a mobile home permits its use by any person
or persons other than the owner(s) of the property on which it is
located or that said temporary use may be considered a permanent placement
and a permitted use of the said mobile home once a certificated of
occupancy for the new residential structure has been issued.
f. Any mobile home permitted to be used temporarily during the construction
of a new residential structure shall be disconnected from any public
utility, including electric, gas, and the property potable water supply
and septic system within forty-five (45) days of the issuance of a
certificate of occupancy for the newly constructed residential dwelling;
and the mobile home shall be physically removed from the site.
g. An applicant for a zoning permit to allow the temporary use of a
mobile home during the construction of a residential structure shall
be required to sign an agreement that he understands the terms of
said temporary placement and use of said mobile home under the provisions
of this Subsection and shall agree to remove same upon the issuance
of a certificate of occupancy for the new residential structure or
authorize the Township to remove same, and further attesting to his
understanding that the temporary use of the mobile home is strictly
for the owner(s) of the property involved and their minor children;
and no other persons, regardless of relationship to the said owner(s),
is to be permitted during construction or after the issuance of the
new residence's certificate of occupancy.
h. The owner or owners of the lot involved in such temporary use of
a mobile home shall be required to post with the Township Clerk a
bond in the amount of one thousand five hundred ($1,500) dollars to
secure removal of the mobile home within the time required in Subsection
A2d above.
i. Application for a permit under this section shall be made to the
Zoning Officer, and it shall not be issued until the aforesaid bond
has been posted with the Township Clerk, copies of the zoning permit
and construction permit for the property and proposed dwelling to
be constructed thereon are submitted or supplied and the Zoning Officer
has been presented with satisfactory proof that the applicant is in
compliance with the provisions of this section.
3. Temporary use of a mobile home during an emergency situation.
Temporary use of one (1) mobile home shall be permitted when
an existing residential structure has been destroyed or made uninhabitable
in a disaster or emergency situation such as a fire, flood or other
catastrophe, and only when said mobile home is to be occupied by the
owner of the said destroyed or damaged residential structure and,
when a new structure is permitted to be on the site and while the
new residential structure is being constructed or the damaged structure
is being repaired. Said use shall be for a period of not more than
twelve (12) months which period may be extended for an additional
period of not more than six (6) months in the event that the Zoning
Officer is of the opinion that the emergency condition cannot be corrected
within the original twelve (12) month-period. In no event, however,
shall the emergency occupancy of the mobile home be more than fifteen
(15) days after a certificate of occupancy is issued for the repaired
or a replacement dwelling.
Said temporary use of an independent mobile home or manufactured
home in an emergency situation as noted above shall be in accordance
with the following conditions and requirements:
a. Any person requiring or requesting temporary residency in an independent
mobile home in an emergency situation shall apply directly to the
Zoning Officer on a form to be supplied by the Township and shall
provide documentation verifying the name and address of the owner
of the independent mobile home.
b. Once said application is approved by the Zoning Officer, the property
owner wishing to use the independent mobile home shall enter into
an agreement and post a bond with the Township as provided in Subsections
35-9.9A2g and 35-9.9A2h above. Said agreement shall provide the Township
with the right of entry onto the property by Township Officials for
inspection and removal purposes.
c. The mobile home shall be connected to an acceptable and approved
potable water supply and a sanitary sewer system as determined by
the Construction Code Officials and applicable regulations.
d. No mobile home used for temporary residency as provided for herein
this section shall be located within ten (10) feet of any property
line or in such a way as to pose an undue threat to public safety,
health and welfare of the property owners or to adjoining properties
or roadways.
e. No mobile home utilized in accordance with the provisions of this
subsection shall be placed upon a permanent foundation or shall be
in any way placed, installed or attached to another structure which
would make the said mobile home's removal from the site impossible
or otherwise unnecessarily difficult to the continued viability of
the other structure's use or integrity.
f. The mobile home shall be placed on the same property on which was
located the single-family residential structure that was accidentally
damaged or destroyed giving rise to the emergency situation, and shall
be only occupied by those persons who were occupants of said single-family
residential structure.
B. Permanent use of a mobile home. A mobile home may be placed, located
or parked in accordance with the provisions of this Section and as
provided in the Schedule of District Regulations:
1. A mobile home shall only be located on a lot having frontage on a
publicly dedicated, improved street or road. The mobile home shall
comply with all maximum and minimum standards as contained in the
Schedule of District Regulations for the zoning district in which
it is to be located.
2. All mobile homes shall conform to the standards contained in the
Mobile Home Construction and Safety Standards Code, hereby adopted
by reference and shall be served by water supply and sanitary sewer
systems approved by the local health authorities.
3. All mobile homes shall require a zoning permit, construction permit
and a certificate of occupancy.
4. All mobile homes shall be placed on a safe, permanent and adequate
foundation supporting the under frame and shall have skirting installed
or placed entirely around the said foundation. Said skirting shall
be designed of a material and color that will reasonably match or
be compatible with material and color of the mobile home around which
it is installed. The foundation shall consist of poured concrete,
cement block or half-and-half, each pier to be at least eight inches
by sixteen inches (8" x 16") in size and spaced no less than twelve
(12) feet on center.
5. Each mobile home shall be considered a residential dwelling and shall
be provided with a minimum of two (2) off-street parking spaces and
adequate turnaround area on the lot on which it is located.
6. Any mobile home shall be assessed for local taxes as real property
together with the land on which it is situate, and all appliances
and equipment which are part of the mobile home, shall be considered
as fixtures for the purpose of determining the assessed value of said
property for tax purposes.
7. No mobile home shall be attached or joined to an existing dwelling
or structure. Any additions, decks, patios or sun rooms to be constructed
or located in connection with a mobile home shall be subject to the
Uniform Construction Code and the provisions of this chapter.
8. No mobile home or trailer including a trailer used for over the highway
shipment and transport of goods and pulled by a truck or tractor,
may be permanently used as a storage facility, dwelling or housing
for animals. Notwithstanding the requirements contained herein this
Subsection, the Land Use Board may permit as part of site plan approval
the parking of a trailer with wheels to place goods or items collected
or manufactured on-site for shipment or transport away from the site
from time to time as the trailer is filled. An example of such use
of a trailer for storage would be a retail tire store which stores
used tires as they are discarded for removal from the site. Shipping
containers/trailers used for storage as an accessory structure on
a residential property are permitted in accordance with subsection
38-8.1A3.
[Amended 12-15-2022 by Ord. No. 720]
The Land Use Board may permit multi-family dwellings and dwelling
projects when, beside complying with the provisions of this Section,
the proposed project is determined to meet an existing housing need,
will not be unreasonably detrimental to the environment, or have an
adverse effect(s) on surrounding uses or the community in general.
All such projects shall comply with the following:
A. Gross density for any project shall not exceed eight (8) units per
acre.
B. A minimum of twenty-five percent (25%) of the total area of a multi-family
dwelling project, exclusive of normal dwelling dooryards, buffer strips,
parking areas, street rights-of-way and driveways, shall be designated
for common recreational purposes. No one recreational area shall be
less than ten thousand (10,000) square feet in area nor less than
one hundred (100) feet in its narrowest dimension. Each recreational
area shall be located conveniently to project dwelling units and shall
be designed and established as permanent open space or recreational
area. In the case of a single multi-family dwelling, the minimum lot
size shall be no less than one-half acre per unit contained within
the multi-family dwelling. Maximum lot coverage shall not exceed fifty
percent (50%).
C. All recreational area shall be improved by the developer, including
equipment, lighting, walk ways and landscaping. The Land Use Board,
in reviewing the plans, shall determine that the recreational area
is suited to its intended use in terms of the environment and will
meet the needs of the project's inhabitants. Not more than fifty percent
(50%) of the recreational area shall be in one (1) or more of the
following: a floodplain, areas with a slope greater than ten percent
(10%), watercourses or other areas unsuitable for recreational purposes
due to environmental considerations.
D. Maintenance of the open space and recreational areas of a multi-family dwelling project shall be the responsibility of the project owner(s). Enforcement of maintenance of said areas shall be in accordance with the provisions of Section
35-11.4L of this chapter.
E. Every building shall have a minimum setback of fifteen (15) feet
from any private interior road, driveway or parking area.
F. Sufficient laundry, garbage and trash collection, and other utility
areas shall be provided in locations convenient to all occupants.
Facilities for the collection and storage of source separated recyclable
materials shall be provided pursuant to the following regulations:
1. As used in this Section:
a. "Multi-family housing development" means a building containing three
(3) or more dwelling units occupied or intended to be occupied by
persons living independently of each other, or a group of such buildings.
b. "Recycling area" means space allocated for the collection and storage
of source separated, recyclable materials.
2. There shall be included in any new multi-family housing development
that requires subdivision or site plan approval, an indoor or outdoor
recycling area for the collection and storage of residentially-generated
recyclable materials. Any such area or enclosure shall be constructed
and maintained in compliance with all applicable State and local fire
regulations, codes and subcodes. The dimensions of the recycling area
shall be sufficient to accommodate recycling bins or containers of
adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimension of the recycling area and the
bins or containers shall be determined in consultation with the municipal
recycling coordinator, and shall be consistent with the district recycling
plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13) and any applicable requirements of the Township's Master
Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.
3. The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but not separated from the refuse container(s) provided on site.
4. The recycling area shall be well lit and safely and easily accessible
by recycling personnel and vehicles. Collection vehicles shall be
able to access the recycling area without interference from parked
cars or other obstacles. Reasonable measures shall be taken to protect
the recycling area, and the bins or containers placed therein, against
theft.
5. The recycling area and the bins or containers placed therein shall
be designed to provide protection against adverse environmental conditions
that might render the collected materials unmarketable. Any bins or
containers that are used for the collection of recyclable paper or
cardboard shall be equipped with a lid, or otherwise covered properly,
to keep the paper or cardboard dry.
6. Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
7. Landscaping and/or fencing for screening shall be provided around
any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
G. All multi-family dwelling projects shall be provided with twenty
(20) foot screened buffer area between adjoining properties not used
or zoned for residential purposes and all collector or arterial roads
as classified in the adopted Township Master Plan.
H. Access and egress to a multi-family dwelling project shall be limited
to one (1) roadway or driveway for every two hundred fifty (250) feet
of road frontage on a collector or arterial street or road.
I. The following regulations shall only apply to single multi-family
dwellings and/or apartment unit-style developments:
1. There should be no dwelling units below the ground floor level or
above the second story of any structure.
2. Facilities, floor area, and number of rooms shall be:
a. Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities and shall have a minimum habitable
floor area according to the number of rooms in accordance with the
following:
Efficiency or studio apartment: six hundred (600) square feet.
One bedroom apartment: eight hundred (800) square feet.
Three bedroom apartment: one thousand one hundred (1,100) square
feet.
b. A maximum of ten percent (10%) of the total number of units in a
completed project may be three bedroom apartments; up to fifty percent
(50%) of the total units in a completed project may be two bedroom
apartments; and the remainder shall be either one bedroom or efficiency
or studio apartments. In the event that the project is to be completed
by sections, the above stated proportions of apartments to single-family
units shall be substantially maintained as construction of the project
progresses.
3. In addition to the required habitable floor area, there shall be
a minimum storage area in each building for bicycles, carriages, furniture
and similar incidental equipment or items which shall be seventy (70)
square feet in area by a minimum of seven (7) feet in height per dwelling
unit within the multi-family dwelling building.
4. There shall be not more than sixteen (16) dwelling units in each
building or structure. The facade of any building or structure shall
not exceed sixty (60) feet in length unless each increment of sixty
(60) feet is interrupted by an angle of at least forty-five (45) degrees
or an offset of at least five (5) feet.
5. Courtyards bounded on three (3) or more sides by the wings of a single
building or by the walls of separate buildings shall have a minimum
width between any two (2) walls of at least two (2) feet for each
one (1) foot of height of the tallest adjacent building or wall bounding
the courtyard.
6. No apartment project building shall be located within twenty-five
(25) feet of another dwelling structure.
J. The following regulations shall only apply to townhouse and other
multi-family dwelling projects, except duplexes or semi-detached dwellings:
1. When it is determined by the Land Use Board that an adverse environmental,
health or planning impact will not result, the Land Use Board may
permit townhouse or multi-family dwellings on smaller tracts, provided
that no tract is less than five (5) acres, and whenever tract size
is less than ten (10) acres, gross density shall not exceed four (4)
dwelling units per acre. Said reduction when found reasonable and
justified based upon facts submitted, shall not be considered to subvert
the intent of this Section, Ordinance or the Township's adopted Master
Plan.
2. When a townhouse or multi-family dwelling project is permitted, each
dwelling unit in such a project shall have a minimum habitable floor
area of nine hundred (900) square feet and shall be provided with
a private yard area of not less than five hundred (500) square feet
which shall be screened by fencing, plantings or walls to a height
of not less than six (6) feet. Such fencing or screening requirements
may be waived when decks, balconies or other suitable private, outdoor
area are provided or in the interest of permitting solar access.
3. No block or grouping of townhouses or dwelling units shall be closer
than thirty-five (35) feet to any other block or grouping.
4. A townhouse or multi-family dwelling project shall maintain a continuity
and harmony of design and construction throughout the project and
with its natural and man-made surroundings. No less than four (4)
dwelling units nor more than eight (8) shall be included in one (1)
continuous, attached block or grouping of units. Variations of townhouses
or dwelling units shall be encouraged or such other means of visual
shifts or offsets shall be provided. Street furniture, signs, lighting
facilities and other facilities common to townhouse or multi-family
dwelling projects shall be similar and comparable in design.
5. Directional or structure identification (or name) signs shall be
permitted upon review and approval of the Zoning Officer when said
signs do not exceed six (6) square feet in area and will not create
visual impairment for traffic.
Residential dwelling units may be developed as provide by the
Schedule of District Regulations as set forth herein:
A. A residential dwelling unit may be constructed on a three and two-tenths (3.2) acre parcel without regard to Section
35-5.5 when:
1. The dwelling unit will be the applicant's principal place of residence
of the property owner or a member of the immediate family of the property
owner;
2. The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this Section within the previous
five (5) years;
3. The parcel of land on which the dwelling is to be located has been
in the continuous ownerships since February 7, 1979 of the person
whose principal residence the dwelling unit will be, a member of that
person's immediate family, or a partnership or corporation in which
members of that person's immediate family collectively own more than
a majority interest in such partnership or corporation; or
4. The person whose principal residence the dwelling unit will be has
resided in the Pinelands for at least five (5) years and that person
or one or more members of that person's immediate family has resided
in the Pinelands for a total of at least twenty (20) different years.
B. A residential dwelling unit may be constructed on a one (1) acre parcel without regard to Section
35-5.5 when:
1. The dwelling unit will be the primary residence of the property owner
or a member of his immediate family of the property owner.
2. The parcel has been in the continuous ownership since February 7,
1979 of the person whose principal residence the dwelling unit will
be, a member of that person's immediate family, or a partnership or
corporation in which members of that person's immediate family collectively
own more than a majority interest in such partnership or corporation;
3. The parcel was not in common ownership with a contiguous parcel on
or after February 8, 1979; and
4. The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
C. A residential dwelling unit may be constructed on a one (1) acre parcel without regard to Section
35-5.5 when:
1. The applicant satisfies all of the requirements set forth in Section
35-9.11A above;
2. The lot to be developed existed as of February 8, 1979 or was created
as a result of an approval granted by the Pinelands Development Review
Board or by the Pinelands Commission pursuant to the Interim Rules
and Regulations prior to January 14, 1981;
3. The applicant qualifies for and receives from the Township a variance from the three and two-tenths (3.2) acre lot size requirement set forth in Section
35-9.11A above; and
4. The applicant purchases and redeems 0.25 Pinelands Development Credits.
[Section 35-9.12 amended by Ordinance No.
522]
A. Planned commercial centers shall be classified as one of the following:
1. Neighborhood centers encompassing not less than three (3) nor more
than ten (10) acres and designed to provide for the sale of convenience
goods such as food, drugs, sundries, and personal services such as
cleaning of clothes, photo developing, restaurants, hairstylists or
beauty shops, medical or dental offices, banks, real estate and post
offices, and similar uses.
2. Community centers involving ten (10) acres or more, and/or eighty
thousand (80,000) to three hundred (300,000) square feet of gross
floor area, including a supermarket, drug, variety, or hardware store,
or similar anchor store, and other smaller retail or commercial uses.
For purposes of this Section, the term "Community" shall mean that
the center is sized and designed to serve the needs of the residents
within the Township and within adjoining municipalities.
B. The following standards shall apply to all planned commercial centers:
1. Any planned commercial center shall be designed to blend with its
environs, man-made and natural, and be designed as a unified whole
with harmony of design and architecture and in its overall layout
including landscaping and other facilities provided for use by the
occupants or customers of the center.
2. No more than thirty percent (30%) of the lot area, five percent (5%)
within the PPHB Pinelands Planned Highway Business District, shall
be occupied by principal uses and not more than ten percent (10%)
by accessory uses, including parking and loading areas; and if the
center consist of more than one (1) building or structure (although
same may be divided into separate units), said buildings or structures
shall be separated by not less than fifteen (15) feet. A planned commercial
center shall be developed as a singular grouping of uses and/or with
separate "pad" sites provided that all uses be designed to achieve
a harmonious whole. For purposes of this section, a pad site is an
area reserved for the future development of a freestanding commercial
use in a planned commercial development, i.e., shopping center.
3. All planned commercial centers shall abut and have their principal
access onto a collector or arterial road. Access shall be limited
to one (1) driveway per every five hundred (500) feet of road frontage
for a community center and two hundred (200) feet for a village center.
Within any area zoned for PPHB Pinelands Planned Highway Business,
there shall be only one (1) planned center permitted.
4. The minimum setback for any planned commercial center from any public
right-of-way shall be thirty (30) feet and two hundred (200) from
any scenic corridor within the Pinelands areas of the Township.
5. Off-street loading and parking facilities shall be provided in accordance with the provisions of Section
35-8.7 and Section
35-8.8 of this chapter. Within the PPHB Pinelands Planned Highway Business zoning district, all such off-street loading and parking facilities shall to the greatest extent possible be located to the rear of the site for visual considerations.
6. Landscaped and planted areas providing adequate screening shall occupy
a space at least twenty (20) feet in width between parking areas and
adjoining road right-of-way lines and property lines abutting a residential
zoning district or residentially used property; and a space of ten
(10) feet in width separating each double-tiered parking bay.
Additionally, within the PPHB Pinelands Planned Highway Business zoning district any contemporary development as identified in Section 35-8.11.1C2, landscaping within the two hundred (200) foot scenic buffer shall be such that it provides a natural and complete buffer and screen of vision to the site's interior along the scenic corridor including its accessway, thus the accessway shall be designed in such a way as to prevent vision of the development. All vegetation used shall comply with Section
35-11.4D,
V, Y1, Y5, AA and AB. The interior of the site shall be landscaped to further limit or screen building mass, large paved areas or unsightly loading, parking or waste disposal areas on-site. It is the intent that any proposed planned highway business development be as unobtrusive on the natural landscape and scenic corridor as possible through the use of natural plant materials sufficient in planting and location to screen visual sighting of the development while assuring proper and safe site identification and access.
7. All planned commercial centers shall provide the following:
a. Areas and facilities for the collection of solid waste which shall
be appropriately screened and buffered.
b. Fire zones designed to facilitate easy access to structure for emergency
vehicles. Such zones shall be approved by the appropriate local fire
officials and if applicable, in compliance with any municipal ordinance
related thereto.
c. Structure and property illumination designed to protect adjoining
properties, streets or sensitive and scenic areas from direct glares
or excessive light, including the night sky.
d. Adequate screening or buffering to protect adjoining properties,
scenic corridors and roadways from direct glare from vehicular lights
and wind borne debris or trash.
e. Signs in accordance with the provisions of Section
35-8.13 of this chapter.
8. The maximum height permitted for a structure in a planned commercial
center, excluding signs, shall be:
a. Neighborhood center: thirty-five (35) feet.
b. Community center: fifty (50) feet (thirty-five (35) feet in the Pinelands
Planned Highway Business District.)
9. In neighborhood centers except in the PPHB Pinelands Planned Highway
Business district, residential units may be permitted as an accessory
use when approved by the Land Use Board, provided that said units
meet the following standards:
a. Where applicable, residential units shall be in compliance with the
residential density standards for the zone district in which they
are to be located. In no case shall the density be greater than one
(1) unit per acre of land involved in the parcel whereon the neighborhood
commercial center is to be located, or not more than one (1) residential
unit permitted for each commercial use permitted within the neighborhood
commercial center, whichever is less; but in any case the total number
of residential units shall not exceed six (6) units per neighborhood
commercial center.
b. Residential units shall be located above the commercial uses and
accessory thereto and are to be occupied by the owner(s), manager(s)
or employee(s) of the neighborhood commercial center. The Land Use
Board may permit other occupants for the residential units.
c. Additional parking facilities shall be provided for the residential units in addition to those required for the commercial uses as set forth in Section
35-8.8 herein.
d. Residential units shall be not less than nine hundred (900) square
feet of habitable floor area.
e. No home occupation as permitted by Section
35-8.6A6 through B may be conducted within a dwelling located in a planned commercial center, nor shall any conversion of dwelling units be permitted as set forth in Section
35-8.2 herein, except that this prohibition shall not prevent the combining of units to create fewer in number.
10. In connection with all planned commercial centers, the Land Use Board
may require a marketing analysis in order to determine whether the
proposed center is designed to meet the intent of this Section and
the existing or projected need. The Board may request at the applicant's
expense that a consultant of its choosing be obtained to perform or
analyze the market analysis. Within the PPHB Pinelands Planned Highway
Business District, all uses permitted shall be sized and designed
to serve the needs of traffic along the adjoining arterial roadway
and within the vicinity. It shall be the responsibility of the applicant
to demonstrate the need for the proposed commercial center and reasonably
justify its establishment based on the standards and regulations provided
herein this Section.
A. Purpose. The purpose of this Section is to provide specific design standards for large scale planned developments permitted under Section
35-9.2 (cluster developments), Section
35-9.7 (industrial parks), Section
35-9.10 (multi-family dwelling projects) and Section
35-9.12A2 (planned community commercial centers) of the Land Development Regulations Ordinance of the Township of Maurice River and other similar developments. The standards provided herein are designed to promote the objectives and integrity of the Maurice River Township Master Plan as adopted. Specifically, the purposes of this Section are:
1. To allow flexibility in minimum lot sizes, setbacks and distribution
of uses;
2. To insure that departures by the proposed development form zoning
regulations otherwise applicable to the subject property conform to
the zoning ordinance standards pursuant to Section 40:55D-45.1 of
the Municipal Land Use Law, Chapter 291 of the State of New Jersey;
3. To insure that provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and amenities of light, air, recreation and visual enjoyment
are adequate;
4. To insure that the proposed development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
5. That, in the case of a proposed development which contemplates construction
over a period of years, the terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development
are adequate;
6. To enable the maximum protection of natural resources; and
7. To enable the provision of affordable housing for low- and moderate-income
households.
B. Applicability. All proposed developments herein defined shall be
governed by all applicable standards in this Maurice River Township
Land Development Regulations Chapter. The standards herein this Section
defined shall be applied in addition to those standards for specific
uses in the applicable sections of the Land Development Regulations
Ordinance. In the case of conflict or overlapping standards, the more
stringent standard shall apply. The following proposed developments
are herein deemed to be Developments of Regional Impact and are hereby
governed by this Section:
1. All single use, residential cluster developments of fifty (50) acres
or more in area. Those proposed developments defined as either planned
development, planned unit residential development, or residential
cluster under the Maurice River Township Land Development Regulations
Ordinance of at least one hundred (100) acres in size are herein governed
by this Section. In addition, other such large scale residential developments
that substantially meet the above definition.
2. Industrial parks of seventy-five (75) acres or more in area. Those proposed developments governed by Section
35-9.7 of the Land Development Regulations Ordinance and defined in this chapter as either planned commercial developments or planned industrial developments of at least seventy-five (75) acres in size are herein governed by this Section.
3. Mixed use developments of fifty (50) acres or more in area. Those
proposed developments defined as planned unit developments in the
Land Development Regulations Ordinance or those developments that
propose a ratio of nonresidential uses to residential use and are
of at least fifty (50) acres in area are herein govern by this Section.
C. General provisions and requirements.
1. Sanitary public sewerage if available and permitted or community
sanitary sewerage shall be immediately accessible to the project site
at the time of application. Public sewerage is defined as sewer service
that physically links individual buildings to a central treatment
plant elsewhere in the Township. Community sewerage is defined as
sewer service linking individual buildings to a treatment facility
serving only the proposed development (such as a package treatment
plant).
2. Planned Developments of Regional Impact shall not be serviced by
on-site sub-surface wastewater treatment systems (septic systems).
3. Uses permitted in the Development of Regional Impact shall be those
permitted in the particular zoning district, per the Schedule of District
Regulations.
4. Overall or gross density of the Planned Development of Regional Impact
shall be governed by that required in the particular zoning district,
per the Schedule of District Regulations.
5. Industrial and commercial buildings lot coverage in any Planned Developments
of Regional Impact shall not exceed fifty percent (50%) of gross project
area. Building lot coverage shall be interpreted to mean that area
composed of buildings, impervious surfaces, required buffers, infrastructure,
and stormwater management facilities.
6. The amount, management, and type of ownership of required open space
shall be governed by the appropriate sections of the Land Development
Regulations Ordinance except any buffers, landscaping or vegetative
mitigation herein required are not included in the calculation of
open space set aside.
7. Net density, or minimum lot size, of Planned Developments of Regional
Impact shall be set based upon review and approval of the Land Use
Board within the stated purposes of this and other appropriate ordinances
in effect.
D. Design standards. Planned Developments of Regional Impact shall conform
to specific elements of design unique to the scale of the proposed
development.
1. Residential layout.
a. The safety of the residents shall be the primary concern in determining
the overall residential layout;
b. The placement and concentration of structures and uses on the site
shall be arranged to maximize a sense of privacy and compatibility
between abutting land uses;
c. The placement, bulk, and design of structures and uses shall be arranged
to minimize conflict between abutting uses and exposure to nuisance
factors, such as noise, glare, and to maximize privacy for residents
and neighbors;
d. A naturally vegetated buffer of at least three hundred (300) feet
shall be maintained between residential and nonresidential uses. This
buffer may be included in the calculation of required open space.
The Land Use Board may allow for flexibility in the uniformity of
the buffer strip but in no case shall the gross area of required buffer
be reduced;
e. A naturally vegetated buffer of at least three hundred (300) feet
shall be maintained between residential structures and existing public
road right-of ways, exclusive of proposed local access streets serving
only the proposed development. This buffer shall not be included in
the calculation of required open space. The Land Use Board may allow
for flexibility in the uniformity of the buffer strip but in no case
shall the gross area of required buffer be reduced;
f. The overall site plan shall promote innovative design, and wherever
possible, energy conservation;
g. The overall site plan shall preserve sensitive environmental elements
and respond to the site's original character. Sensitive environmental
elements shall include, but not be limited to, features such as floodplains,
wetlands, natural drainage ways, or habitat deemed important to State,
Pinelands, or federally listed threatened or endangered species; and
h. All live trees of at least six (6) inches in diameter, measure twelve
(12) inches from the base of the tree, that are proposed for removal
or destruction shall be replaced on a ration of ten to one (destroyed
trees to replacement trees) on a previously barren section of applicant's
property or on a location suitable to the applicant and the Land Use
Board. Specific species utilized for tree mitigation will approximate
the distribution by specie and relative number of trees that are proposed
for removal.
2. Nonresidential layout:
a. The nature, placement and design of nonresidential uses on the site
shall be arranged to minimize traffic and nuisance impacts on residents
and neighbors of the development;
b. Nonresidential uses shall be visually compatible with other structures
within the view shed and with the overall image of the property;
c. A naturally vegetated buffer of at least one thousand (1,000) feet
shall be maintained between all residential and nonresidential uses.
This buffer shall not be included in the calculation of required open
space. The Land Use Board may allow for flexibility in the uniformity
of the buffer strip but in no case shall the gross area of required
buffer be reduced;
d. A naturally vegetated buffer of at least one thousand (1,000) feet
shall be maintained between nonresidential structures and existing
public road right-of-ways, exclusive of proposed local access streets
serving only the proposed development. This buffer shall not be included
in the calculation of required open space. The Land Use Board may
allow for flexibility in the uniformity of the buffer strip but in
no case shall the gross area of required buffer be reduced; and
e. All live trees of at least six (6) inches in diameter, measure twelve
(12) inches from the base of the tree, that are proposed for removal
or destruction shall be replaced on a ratio of ten to one (10:1) (destroyed
trees to replacement trees) on a previously barren section of applicant's
property or on a location suitable to the applicant and the Land Use
Board. Specific species utilized for tree mitigation will approximate
the distribution by specie and relative number of trees that are proposed
for removal.
3. Public facilities and services:
a. All electric, telephone and communication service facilities, including
main and service lines to individual buildings, shall be provided
by underground cables, installed in accordance with the prevailing
standards and practices of the utility or other companies providing
the services except where it is demonstrated to the satisfaction of
the Land Use Board that the underground installation required is not
feasible because of the physical conditions of the land involved;
and
b. Fire hydrants shall be installed at the developer's expense as an
integral part of the water distribution system at a distance and location
approved by the Fire Subcode Official.
4. Stormwater facilities:
a. All stormwater management facilities shall be designed to accommodate
appropriate quantity and quality standards as provided in the Township
Land Development Regulations Ordinance and the Cumberland County Subdivision
and Site Plan Regulations.
b. The area made necessary by the provision of stormwater facilities
shall not be included in the calculation of required open space.
E. Submission requirements - General Development Plan. A general development
plan, as authorized by N.J.S.A. 40:55D-45-1 et seq., shall be submitted
to the Land Use Board, prior to the granting of preliminary subdivision
approval, for all Planned Developments of Regional Impact, making
their development subject to the terms of the general development
plan procedures specified herein.
1. General Development Plan contents:
a. A general land use plan indicating the tract area and general locations
of the land uses to be included in the planned development. The total
number of dwelling units and amount of nonresidential floor area to
be provided and proposed land area to be devoted to residential and
nonresidential use shall be set forth. In addition, the proposed types
of nonresidential uses to be included in the planned development shall
be set forth, and the land area to be occupied by each proposed use
shall be estimated. The density and intensity of use of the entire
planned development shall be set forth, and a residential density
and a nonresidential density floor area ratio shall be provided. All
required vegetated buffer areas shall be clearly depicted and identified
in a manner as to clearly distinguish them from required open space
areas:
b. A circulation plan showing the general location and types of transportation
facilities, including facilities for pedestrian access within the
planned development and any proposed improvements to the existing
transportation system outside the planned development;
c. An open space plan showing the proposed land area and general location
of parks and any other land areas to be set aside for conservation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of parks and recreational lands;
d. A utility plan indicating the need for and showing the proposed location
of sewerage and water lines, and drainage facilities necessitated
by the physical characteristics of the site, proposed methods of handling
solid waste disposal; and a plan for the operation and maintenance
of proposed utilities;
e. A stormwater management plan setting forth the proposed method of
controlling and managing the quantity and quality of stormwater on
the site;
f. An environmental inventory including a general description of the
vegetation, soils, topography, geology, surface hydrology, climate,
and cultural resources of the site, existing man-made structures or
features and the probable impact of the development on the environmental
attributes of the site. All regulated wetlands and species habitat
shall be shown with State-approved wetlands delineation;
g. A community facilities plan indicating the scope and type of supporting
community facilities which may include, but not be limited to, educational
or cultural facilities, historic sites, libraries, hospitals, firehouses
and police stations;
h. A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the Township
pursuant to N.J.A.C. 52:27D-301 et seq., will be fulfilled by the
development;
i. A local services plan indicating those public services which the
applicant proposes to provide and which may include, but not be limited
to, water, sewer, cable and solid waste;
j. A fiscal report describing the anticipated demand on municipal services
to be generated by the planned development and any other financial
impacts to be faced by the municipality or school districts as a result
of the completion of the planned development which will accrue to
the county, municipality, and school district according to the timing
schedule provided under Subsection E1k of this Section, and following
the completion of the planned development in its entirety;
k. A proposed timing schedule in the case of a planned development whose
construction is contemplated over a period of years, including any
terms or conditions which are intended to protect the interests of
the public and the residents who occupy any section of the planned
development prior to the completion of the development in its entirety;
l. A landscaping plan detailing the location, type, size, and extent
of vegetative cover and plantings to be utilized in the planned development;
and
m. A tree mitigation plan detailing an inventory of pre-development
trees by location, specie and size; and a depiction of the location
and type, specie and number of replacement trees.
n. A municipal agreement, or written agreement between the Township
and the developer relating to the planned development.
F. General development plan approval procedure. The Land Use Board shall
grant or deny general development plan approval within ninety-five
(95) days after submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
applicant.
G. Effect of general development plan approval.
1. The term of the effect of the general development plan approval shall
be determined by the Land Use Board, which shall take into consideration
the following factors in making its determination: the number of dwelling
units and size of the land area, the prevailing economic conditions
of the market, the proposed phasing schedule for the project and likelihood
of its completing the proposed development, the specific contents
of the general development plan, and any conditions which the Land
Use Board attaches to its approval.
2. The term of the effect of the general development plan approval shall
not exceed five (5) years from the date of final approval of the planned
development.
H. Modifications to the general development plan.
1. In the event that the developer seeks to modify the proposed timing
schedule, such modification shall require the approval of the Land
Use Board.
2. If after approval of the general development plan, the developer
wishes to make any variation in the location of land uses within the
planned development, or, to increase the density or floor area of
residential development, or change the location of nonresidential
land uses within any section of the planned development, the developer
shall be required to gain the prior approval of the Land Use Board.
I. General development plan certification upon completion.
1. Upon the completion of each section of the development, as set forth
in the approved general development plan, the developer shall notify
the administrative officer, by certified mail, as evidence that the
developer is fulfilling his obligations under the approved plan. For
the purpose of this Section, "completion" of any section of the development
shall mean that the developer has acquired a certificate of occupancy
for every residential unit or every nonresidential structure, as set
forth in the approved general development plan and pursuant to Section
15 of N.J.S.A. 52:27D-133. If the Township does not receive such notification
at the completion of any section of development, the Township shall
notify the developer, by certified mail, in order to determine whether
or not the terms of the approved plan are being complied with herein.
2. If a developer does not compete any section of the development within
eight (8) months of the date provided for in the approved plan, or
if at any time the Township has cause to believe that the developer
is not fulfilling his obligations pursuant to the approved plan, the
Township shall notify the developer, by certified mail, and the developer
shall have ten (10) days within which to give evidence that he is
fulfilling his obligations pursuant to the approved plan. The Township
thereafter shall conduct a hearing to determine whether or not the
developer is in violation of the approved plan. If, after such a hearing,
the Township finds good cause to terminate the approval it shall provide
written notice of same to the developer and the approval shall be
terminated thirty (30) days thereafter.
3. For the purposes of this Section, a development shall be considered
complete on the date upon which a certificate of occupancy has been
issued for the final residential or nonresidential structure in the
last section of the development, in accordance with the timing schedule
set forth in the approved general development plan, and the developer
has fulfilled all of his obligations pursuant to the approval.
J. Preliminary approval. All planned developments shall be subject to
the development review procedures specified in this Maurice River
Township Land Development Regulations Chapter and shall require preliminary
approval of a subdivision plat and site plan in accordance with the
Land Development Regulations Chapter.
K. Fees and performance guaranties.
1. The Land Use Board shall require the posting of adequate performance
guaranties to assure the installation of the required improvements
or the conditions approved by the Land Use Board as part of the preliminary
approval. All performance guaranties shall comply with the procedures
and requirements for same as specified in the Township Land Development
Regulations Chapter.
2. An application fees and escrow amounts set forth herein this chapter
shall be paid or posted in a timely fashion as required.
3. The amount of escrow fees required for conceptual, sketch, preliminary
and final development plan approval shall be determined based upon
the hourly fees of the consultant(s) hired.
Professional office centers may be established in accordance
with the provisions of the Schedule of District Regulations and subject
to the following requirements:
A. Any such center shall be designed as a whole or complete complex
with all structures or units having a uniformity of design and bearing
architectural and aesthetic relationship to each other when more than
one (1) structure is proposed.
B. Such centers may provide office space to insurance companies, banks,
financial institutions, businesses and industries, professional corporations
or associations, partnerships or individuals, including but not limited
to lawyers, doctors, dentists, architects, land surveyors, engineers,
planners or other recognized professions, brokerage firms, real estate
firms or other companies, firms or operations requiring office space.
C. In addition to providing office space for such uses as those set forth in Subsection
B hereinabove, space may also be provided for such accessory uses to the offices as follows: radiology or medical laboratories intended to serve the needs of the patients of doctors or dentists having office space within the complex, eye wear sales and repair services, newsstands, a restaurant or food takeout service primarily serve the needs of the complex's occupants and their patrons, a drug store, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily associated to the offices located within such a center.
The size and location of such accessory uses shall be determined
by the Land Use Board, and such uses shall be designed primarily to
serve the needs of the center's occupants and patrons and not the
general public. All such accessory uses shall, however, when permitted,
conform to all standards set forth in this chapter related to the
type of use proposed.
D. The parking and loading areas, common grounds or yard area and other common facilities shall be held in common ownership either by the owner of the center or by tenants and owners associations responsible for their upkeep and maintenance. Such associations' bylaws, articles of incorporation and other pertinent documents related to these issues shall be subject to review and approval of the Land Use Board as would a homeowners association in the case of a residential development. Such organizations shall be subject to the same requirements as set forth in Section
35-11.4L of this chapter.
E. No residential use shall be permitted in connection with a professional
office center.
F. All office centers having offices on a second floor or higher shall
have at least one (1) elevator per structure.
G. Loading and parking facilities required in connection with a professional or business center shall be determined by the total number of office units available and the type of uses said units will serve according to the provisions of Section
35-8.7 and Section
35-8.8 of this chapter.
H. All such centers shall be suitably landscaped, and all parking areas
and pedestrian walkways shall be well lighted. When located adjacent
to an arterial and/or major collector road as identified in the Township's
adopted Master Plan, parking areas shall not be located, to the greatest
extent possible, between said center's structure(s) and the street
right-of-way lines of any such arterial or major collector roadway.
Buffering shall be required of sufficient density and width to reduce
the glare of vehicle lights or noise from the center to cause a nuisance
to adjoining properties or road right-of-ways.
I. In determining whether or not to permit the development of such a
center, the Land Use Board shall be guided by the number of existing
office space available in the area and the cost of said space in order
to determine if a need for such space exists. The developer may be
required to submit a detailed needs survey and report with market
analysis in order to justify such a center's establishment. Failure
to reasonably so justify shall be cause for denial of the application.
J. Not more than twenty-five percent (25%) of the total floor area of
any such center shall be occupied by non-office uses at any one (1)
time, nor shall more than fifty percent (50%) of the ground floor
of any structure within a center be occupied by non-office uses. This
requirement is intended to assure that said center remains primarily
a professional or business office center and not a planned commercial
center or shopping center. In addition, the display of products from
any structure in a center shall be primarily aimed at persons walking
alongside of said unit or structure and not readily visible or designed
to attract the attention of persons traveling along adjacent roadways
since all no office uses are intended to serve as accessory uses.
As provided in the Schedule of District Regulations, a residential
specialized medical/educational facility may be permitted when the
Land Use Board determines that the following conditions are satisfied:
A. The proposed residential specialized medical/educational facility
shall be intended to serve the medical, educational and daily living
needs of its patients, clients or residents and shall be operated
in compliance with the requirements and regulations applicable to
such facilities as promulgated and administered by any Federal, State
or local approval authority. The applicant shall be qualified, licensed
or otherwise certified to operate such a facility and to perform all
activities proposed to be undertaken therein. If approved, proof of
valid licenses or certifications shall be required. Failure to provide
valid licensing or certifications for such a facility or the loss
thereof shall be a cause for revocation of the zoning permit and issuance
of a cease and desist order for the facility.
B. The proposed site where such facility is to be located may include
various uses which are directly related to and necessary to serve
the needs of its patients, clients and residents as well as its employees
and staff. This includes: residential, educational, medical, recreational,
open space and accessory uses thereto. All such uses shall be suitably
located and designed to serve the above cited needs and to protect
the health, safety and general welfare of all person involved on-
and off-site of the property involved. Special care shall be taken
in the design and construction of the structures and uses to protect
its patients, clients, residents, employees, staff and the public
at large from harm or injury.
C. The following additional design standards shall be satisfied by any
applicant for a residential specialized medical/educational facility
use:
1. No such facility shall be located within one (1) mile of a similar
facility or any location where children are normally expected to be
congregated such as an existing school, public playground or similar
site or use.
2. No on-site residential structure shall be located within three hundred
(300) feet of any adjoining property line.
3. A minimum of two (2) entrance drives to the site of the residential
specialized medical/educational facility shall be required and entrance
drives shall be designed and constructed to handle anticipated traffic
including emergency vehicles. Such entrance driveways shall be a minimum
of fifteen (15) feet in width.
4. The location and design of buildings, structures and accessory facilities
or uses shall be clustered within the site to the greatest extent
possible and be compatible with and protective of the natural environment.
Minimal clearing of natural vegetation shall be required.
D. Any such facility shall be subject to major site plan review in accordance with Section
35-13.3B of this chapter and shall include the following additional site plan details:
1. A detailed census of anticipated clients, residents or patients,
the full and part-time staff and employees, and expected weekly visitors.
Additionally, the census shall identify the number of patients, clients
or residents who have been confined to the facility by court order
and a description of how the facility will be designed including a
breakdown of all patients', clients' and residents' conditions being
treated, addressed or served by the facility.
The granting of the conditional use and site plan approval shall
be based on the detailed census noted hereinabove and shall set the
maximum number of patients, clients, residents, staff and employees
permitted on-site based on such approvals without requesting modified
or supplemental expansion of same. If approved, the operators of the
facility shall provide an annual update of the said census of the
facility's population to the Township Zoning Officer or Land Use Board,
or whenever requested in writing by the Land Use Board. Said census
shall be used to establish capacity, assure proper design of the facility
to meet expected population needs and assure that the intent and objectives
of this chapter are met by the facility.
2. A change of the classification of the facility or the clients or
residents placed therein shall require a revised application to the
Land Use Board and amended site plan, if deemed appropriate and reasonable
by the Land Use Board, to assure that the intent and objectives of
this chapter are met and to protect the public health, safety and
general welfare of the site's and Township's population.
3. The site plan shall include plans and information on how the facility
intends to handle security at the site and any emergency situations
which may be expected to arise given the nature of the intended use
and patient, client and resident population. To be detailed are the
state of the art improvements and facilities to be installed and provided
for this purpose including, but not limited to, security alarms, fencing,
fire protection, and procedural information and manuals for notification
of appropriate local and State authorities or organizations of such
emergency situations if they occur. Such plans and information shall
show that security and safety provisions are commensurate with the
level of patients, clients and residents of the facility needs and
conditions.
4. A traffic impact analysis of the facility shall be provided and any improvements found necessary to alleviate or eliminate an adverse impact on traffic conditions directly related to the facility's traffic generation may be required to be provided as an off-site improvement as per Section
35-11.4Q of this chapter.
5. Detailed plans or information on how the facility will be designed
to meet the needs and conditions of the above noted patients, clients
or residents, staff and employees and expected visitors with the least
disturbance to the natural environment in terms of structures, their
utilities and accessory uses.
[Section 35-9.16 amended by Ordinance No.
494; Ord. No. 652-2016 § 1]
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay, and ilmenite is prohibited in the Pinelands area. In the Pinelands Forest Area, only the continuation of existing resource extraction operations shall be permitted in accordance with N.J.A.C. 7:50-6, Part VI. In any zoning district, as provided in the Schedule of District Regulations, no sand, gravel, rock, earth, minerals, clay or other burden shall be moved or extracted until a conditional permit has been granted by the Maurice River Township Land Use Board, a license has been obtained in connection with other applicable ordinances and any other applicable permits are obtained. Applications for conditional use permits shall be made in writing to the Maurice River Township Land Use Board and in addition to any requirements as set forth in Article
35-13 of this chapter, shall comply with the following:
A. Any application filed for approval of resources extraction operations
in the Pinelands shall include at least the following information:
1. The applicant's name and address and the applicant's interest in
the subject property;
2. The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
3. The legal description, including block and lot designation and street
address, if any, of the subject property;
4. A description of all existing uses of the subject property;
5. A brief written statement generally describing the proposed development;
6. A USGS quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject property and
the Pinelands management area designation and zoning designation are
shown;
7. A topographic map at a scale of one (1) inch equals two hundred (200)
feet, showing the proposed dimensions, location and operations on
the subject property;
8. The location, size and intended use of all buildings;
9. The location of all points of ingress and egress;
10. A location map, including the area extending at least three hundred
(300) feet beyond each boundary of the subject property, showing all
streams, wetlands and significant vegetation, forest associations
and wildlife habitats;
11. The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
13. A reclamation plan on which is included:
a.
Method of stockpiling topsoil and overburden;
b.
Proposed grading and final elevations;
c.
Topsoil material application and preparation;
d.
Type, quantity and age of vegetation to be used;
e.
Fertilizer application including method and rate;
f.
Planting method and schedules; and
g.
Maintenance requirements schedule.
14. A signed acknowledgment from both the owner and the applicant that
they are responsible for any resource extraction activities which
are contrary to any provision of this chapter or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant;
15. A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-3.34 or, until January 14, 1991, evidence of prior
approval from the Pinelands Development Review Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations; and
16. When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Section
35-10.6 of this chapter.
B. Performance and maintenance guaranties required.
1. Prior to the issuance of any conditional use permit, certificate of occupancy or license for land mining operation, the owner or operator shall file with the Township Clerk a performance guaranty as provided for in Section
35-12.2 of this chapter. The guaranty shall be for an amount equal to the cost of restoration of the area to be excavated during the five (5) year duration of any approval which is granted. In the Pinelands area, the guaranty shall name the Pinelands Commission and the Township as obligator.
2. Such bond and security shall be accompanied by an agreement signed
by the applicant and landowner, if a different individual, granting
the Township the right to access to make inspections to insure compliance
during periods of operation and to perform all necessary rehabilitation
of bonded property in the event of forfeiture of the performance guaranty.
3. In the event of default, forfeiture shall be made by the Land Use
Board after public hearing on not less than five (5) days written
notice made to the principal and the surety at their last known post
office addresses, which notice shall be complete upon mailing.
4. The performance guaranty may be released upon satisfactory restoration of the complete project area or portions of the guaranty may be released as proportional stages of restoration are accomplished in accordance with all operating and restoration standards contained in this chapter as well as any approved rehabilitation plan. Release of the performance guaranty shall be in accordance with the provisions of Section
35-12.3. As a performance guaranty is released, it shall be replaced by a maintenance guaranty for a period of two (2) years thereafter.
C. Resource extraction operations shall be approved for a maximum of
five (5) year periods, provided that the applicant complies with the
remaining requirements of the Maurice River regulations for resource
extraction as exists and as in the future amended, and provided that
the applicant can demonstrate that the proposed resource extraction
operation:
1. Is designed so that no area of extraction or area that can be used
for future extraction, sedimentation pond, storage area equipment
or machinery or other structure or facility is closer than:
a. Two hundred (200) feet to any property line; or
b. Five hundred (500) feet to the property line of any residential or
non-resource extraction related commercial use which is in existence
on the date the permit is issued.
c. The distance from the property line as required in paragraphs a or b above shall be considered a buffer as defined in subsection
35-3.3 of this chapter. All such buffers shall maintain existing vegetation and shall be designed and installed in accordance with subsection
35-11.4D of this chapter.
Where extraction ponds are established, buffers shall be considered
and developed as a means of mitigating unauthorized and potentially
dangerous access to such ponds.
All resource extractions operations shall preserve existing
wooded tracts to the extent that same may serve to act as such vegetative
buffers to present and future resource extraction operations.
2. Any tract of land to be used for resource extraction operation shall
be at least seventy-five (75) acres in size unless it is contiguous
to lands already used by an active land mining operation in which
case, the coordination of restoration plans between the new and existing
uses will be required. In no case shall a conditional use permit be
granted for less than twenty (20) acre parcels.
3. As an integral part of each resource extraction operation, sufficient
arable topsoil shall be stored on-site for restoration. Such topsoil
stockpiles shall be treated, planted and graded so as to protect same
from wind or water erosion.
4. Is fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads.
5. Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways watered
or otherwise treated to minimize dust.
6. Is designed so that surface runoff will be maintained on the parcel
in a manner that will provide for on-site recharge to groundwater.
7. Will not involve excavation below the seasonal high water table,
unless the excavation will serve as a recreational or wildlife resource
or a water reservoir for public, agricultural or industrial uses or
for any other use authorized in the area in which the site is located;
provided that in no case shall excavation have a depth exceeding sixty-five
(65) feet below the natural surface of the ground existing prior to
excavation unless it can be demonstrated that a depth greater than
sixty-five (65) feet will result in no significant adverse impact
relative to the proposed final use or off-site areas.
8. Will be carried out in accordance with an extraction schedule which
depicts the anticipated sequence, as well as the anticipated length
of time, that each of the twenty (20) acre units of the parcel proposed
for extraction will be worked. This shall not preclude more than one
twenty (20) acre unit from being worked at any one time, provided
that there is a demonstrated need for additional units, restoration
is proceeding on previously mined units and the area of clearing does
not exceed that specified in Subsection C10 below.
9. Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the provisions of Section
35-9.16E herein.
10. Will not involve clearing adjacent to ponds in excess of twenty (20)
acres or an area necessary to complete scheduled operations; or will
not involve un-reclaimed clearing exceeding one hundred (100) acres
for fifty percent (50%) of the area to be mined, whichever is less,
for surface excavation at any time.
11. Will not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map appearing as Figure 7.1
in the Pinelands Comprehensive Management Plan or other documented
environmentally sensitive areas outside the Pinelands Area. An environmental
impact study may be required as per Section 35-13.11D2e.
D. The following standards and regulations shall be met in connection
with production and processing of extracted resources:
1. All equipment used for mining shall be constructed, maintained and
operated in such a manner as to reduce as far as is practical, noise,
vibration or dust.
2. No extraction operation shall accumulate or discharge beyond the
property lines, any waste matter.
E. All parcels of land which are used for resource extraction operations
shall be restored as follows:
1. Restoration shall be a continuous process, and each portion of the
parcel shall be restored such that the ground cover be established
within two (2) years and tree cover established within three (3) years
after resource extraction is completed for each portion of the site
mined;
2. Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Section
35-9.16C8;
3. All restored areas shall be graded so as to conform to the natural contours of the parcel, to the maximum extent practical grading techniques that help to control erosion and foster re-vegetation shall be utilized, the slope of surface of restored surfaces shall not exceed one (1) foot vertical to three (3) feet horizontal except as provided in Section
35-9.16E6 of this Section;
4. Topsoil shall be restored in approximately the same quality and quantity
as existed at the time the resource extraction operation was initiated.
All topsoil removed shall be stockpiled and used for the next area
to be restored, unless it is immediately reused for reclamation that
is currently underway;
5. Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated, but in no case shall
the finished final condition of the area permit stagnant water to
collect;
6. Any body of water created by the resource extraction operation shall
have a shoreline not less than three (3) feet above and three (3)
feet below the projected average water table elevation. The shoreline
both above and below the surface water elevation shall have a slope
of not less than five (5) feet horizontal to one (1) foot vertical.
This requirement shall apply to any water body or portion of a water
body created after December 5, 1994. For any water body or portion
of a water body created prior to December 5, 1994, this requirement
shall apply to the extent that it does not require grading of areas
which have not been disturbed by mining activities. Where grading
would require such disturbance, a reduction in the distance of the
graded shoreline above and below the average water table elevation
shall be permitted;
7. All equipment, machinery and structures, except for structures that
are usable for recreational purposes or any other use authorized for
the area, shall be removed within six (6) months after the resource
extraction operation is terminated and restoration is completed; and
8. Reclamation shall to the maximum extent practical result in the reestablishment
of the vegetation association which existed prior to the extraction
activity and shall include:
a. Stabilization of exposed areas by establishing ground cover vegetation;
and
b. Re-establishment of the composition of the natural forest and shrub
types that existed prior to the extraction activity through one of
the following:
(1)
The planting of a minimum of one thousand (1,000) one-year-old
pitch pine seedlings or other native Pinelands tree species per acre
in a random pattern;
(2)
Cluster planting of characteristic Pinelands oak species, such
as blackjack oak, bear oak, chestnut oak and black oak, and shrubs
such as black huckleberry, sheep laurel and mountain laurel, at a
spacing sufficient to ensure establishment of these species;
(3)
A combination of the planting techniques set forth in Subsections
E8b(1) and E8b(2) above; or
(4)
The use of other planting techniques of native Pinelands species
as may be necessary to restore the vegetation association which existed
prior to the extraction activity; and
9. Slopes beyond a water body's shoreline shall be permitted at the
natural angle of repose to the bottom of the pond.
F. Existing resource extraction operations shall be defined as any area
which has been and, at the time of adoption of these regulations,
is being operated as part of the regular business of the operator
and/or owner of such land area and shall include the entire tract
of land on which the operation is situated (extending to the limits
of adjacent properties and/or other contiguous land of the operator).
G. Waivers from strict compliance form the provisions of this Section
can be granted by the Land Use Board when:
1. Said waiver will not impair or reduce the Land Use Board's ability
to adequately review plans in connection with information or details
to be provided in an application, or adversely affect the environment,
neighboring properties or the intent of the adopted Township Master
Plan in the case of operation and rehabilitation standards.
2. Said waiver will not impair the provision or standards of the Pinelands
Comprehensive Management Plan. Any waiver granted from standards which
reflect the requirements of the CMP shall be granted subject to the
review and approval of the Pinelands Commission.
H. Operators of all approved resource extraction operations shall, on
a yearly basis, certify in writing and to the satisfaction of the
Maurice River Township Land Use Board and the Pinelands Commission
that all mining and restoration activities have been and continue
to be conducted in accordance with the approved extraction plans.
In the event that the Land Use Board and/or the Pinelands Commission
determine that any such activities deviate from the approved plans,
the operator shall immediately cease all mining and restoration activities
until such time as the violation is resolved or new extraction plans
which reflect the deviation are approved.
I. In addition to those expenses as delineated in Section
35-9.16B, the applicant shall be responsible for costs incurred for services of the Township Engineer, or his designee, to make a yearly inspection of the premises and operations of the applicant so as to verify that said applicant is meeting the terms and conditions of those plans submitted at the time of issuance or renewal of a license as called for in Section
35-9.16C. Said amount shall be paid within thirty (30) days of submission of a voucher to the applicant. The inspection shall normally take place within thirty (30) days of each yearly anniversary of the issuance of the license. Failure to make payment of the "inspection fee" as noted in this Section may result in the Township Committee voting to temporarily suspend the license of the applicant until such time as the yearly review fee is paid.
Roadside stands or artisan's displays as defined in Section
35-3.3 may be established as provided in the Schedule of District Regulations and according to the following standards:
A. Roadside stand.
1. The parcel proposed for development has road frontage of at least
fifty (50) feet with one (1) defined entrance/exit from the road;
2. The stand shall be maintained in good repair on a well-kept site
and shall maintain no display of goods closer than forty (40) feet
to a road right-of-way line and shall supply adequate on-site parking
area;
3. A minimum of twenty-five percent (25%) of the produce offered for
sale in a roadside stand shall be grown on the property whereon the
stand is located and the sale of live animals or poultry shall be
prohibited. Within the Forest District, the principal goods or products
available for sale shall be produced in the Pinelands;
4. The maximum sales area of the establishment shall not exceed five
thousand (5,000) square feet;
5. A maximum of three (3) temporary off-site signs shall be permitted during periods of operation only, each not more than six (6) square feet in area. Additionally, forty-eight (48) square feet of identification sign area shall be permitted either on the stand or within thirty (30) feet thereof. All signs permitted in connection with roadside stands shall conform to the provision of Section
35-8.13 of this chapter.
B. Artisan's display. An area may be established to display the products,
artwork, crafts or work of an artist, artisan or craftsperson on the
property of their studio or workshop. Such a display may be permitted
in the case of a home occupation according the provisions of Section
35-9.8.6 of this chapter and notwithstanding the provisions of Section
35-9.8.6A, provided that the items displayed are made on-site and
are deemed by the Zoning Officer as the work of the artist, artisan
or craftsperson residing and/or working at that location. Such an
area shall comply with the following regulations:
1. A display shall be designed and limited in size and scope to offering
examples of the work which is undertaken at the site and/or is for
sale thereon. It can take the form of a small table, showcase or step-like
platform showing products or the hanging of items from line, rack
or roof, ceiling or gables of a front porch. Such a display shall
not exceed ten (10) to twelve (12) square feet in area. No items shall
be so displayed unless the owner thereof is present and open for business
except where a showcase is permanently established and items displayed
therein are kept secure.
2. No additional signs shall be permitted since the purpose of allowing
the artisan's display is to advertise the products made there and
for sale.
3. No self-standing display separate from a structure shall be located
closer than ten (10) feet of any right-of-way or thirty (30) feet
of an adjoining property line, nor shall it be located at the intersection
of a driveway and/or roadways in such a way as to create a problem
for driver vision.
4. No display of goods or products not made on-site by a resident artist,
artisan or craftsperson will be permitted in an artisan's display
as permitted by this Section.
Within the PC Conservation District, single-family residences
shall be permitted under the following conditions:
A. An applicant who does not qualify for a Pinelands Residence conditional use permit as provided in Section
35-9.11 of this chapter, may apply for a conditional use permit as for the construction of a single-family residence on a parcel of land the size of which shall be determined by the Land Use Board in accordance with the standards of this Section.
B. The property involved must have at least two hundred (200) feet of
frontage along an existing improved public street or road.
C. The parcel must have a minimum of three and two tenths (3.2) acres:
1. Located within upland areas as defined by the Pinelands Comprehensive
Management Plan, if located within the Protection Area; or
2. Located outside wetlands areas.
D. When said parcel is within areas where the soils are classified as
prime agricultural soils, the minimum acreage required shall be increased
to six (6) acres and the dwelling and any accessory uses shall be
clustered so as to conserve and preserve prime agricultural soils
in a contiguous parcel of five (5) acres or more.
E. The dwelling to be constructed shall be the primary residence of
the applicant.
F. The Land Use Board shall determine that the granting of a conditional
use permit for a rural residence will not cause adverse environmental
impacts, nor impair or be in conflict with the intent and purpose
of the adopted Township Master Plan or this chapter.
G. No applicant shall have applied for a rural residence permit within
the last five (5) years.
H. The parcel involved must have been owned by the applicant on the
effective date of adoption of Ordinance No. 304, October 13, 1982.
I. Use of the parcel as requested shall be for the sole use of the applicant
or a member of his immediate family.
A studio or workshop may be located as permitted in the Schedule
of District Regulations and the following conditions and/or regulations:
A. A studio or workshop established in conjunction with a home occupation, professional home occupation or a village home occupation shall be considered an accessory thereto the home occupation and comply with the area requirements as set forth in Section
35-8.6 of this chapter. When established as the principal use of a property then said studio or workshop shall be considered as a principal use as provided in the Schedule of District Regulations for the zoning district in which it is located, and would be subject to site plan review.
B. When established in a PVC-3 or PVC-5 Pinelands Village Center, a
VC Village Center, PRDA-C Pinelands Rural Development Area Conservation,
PRDA-R Pinelands Rural Development Area Residential, VR Village Residential
or R-2 Residence District, a studio or workshop shall not be created
as a separate structure if more than two (2) accessory structures
exist on the lot involved. In such a case, the studio or workshop
must either be located within the principal or one of the accessory
structures or be attached thereto provided that it meets all the set
back requirements for the zoning district in which it is located.
When said studio or workshop is a freestanding structure, it shall
be provided with access to the roadway upon which the property involved
abuts.
C. A studio or workshop that will be utilized for the sale of products
or the gathering of people for classes, activities or shows shall
provide additional parking accommodate said additional use. If the
public is to be admitted to the studio or workshop on a regular basis
as noted herein above, then the studio or workshop shall pedestrian
access ways connecting the studio or workshop to any parking area
and/or the street. Lighting and handicapped accessibility shall also
be provided.
D. A studio or workshop shall be designed, equipped and operated in
such a way as to prevent noise, smoke, dust, fumes, glare or other
nuisances from the activities conducted inside. When located within
a residentially zoned area, the studio or workshop shall not be opened
to the public before sunrise or after sunset except for classes or
special events like recitals or shows held within the studio or workshop
structure. Such special events shall not be held more often then once
in any calendar quarter of the year.
E. No studio or workshop established as part of a home occupation shall
exceed a height of thirty-five (35) feet, nor shall it exceed the
permitted square footage for an accessory use of a home occupation.
Set back dimension for home occupation studios or workshops shall
comply with those permitted for a garage in the zoning district in
which they are located. For all other studios or workshops maximum
and minimum dimensions and setbacks shall be set forth in the Schedule
of District Regulations.
A village-oriented commercial or retail use as defined in Section
35-3.3 of this chapter may be established as set forth in Schedule of District Regulations subject to the following conditions:
A. Purpose. The purpose of this Section is to permit and regulate retail
and commercial activities and uses including the manufacturing of
certain goods within village as identified in adopted Township Master
Plan or the Pinelands Comprehensive Plan, and that will meet the needs
of the villages' residents and/or visitors while protecting the village
character and most especially, the mixing of residential and commercial
uses so characteristic of a village setting as delineated in the Township
Master Plan.
B. Standards.
1. In determining whether or not a particular land use activity meets
the above noted definition of village-oriented commercial or retail
use, the Land Use Board or Zoning Officer shall find that the use
is a common activity which can reasonably be expected to meet the
village's needs. Thus the retail activity would include the sale of
goods and services aimed at the village's market and which market
is not to be considered larger than the Township and its adjoining
municipalities. It would also however, include shops and services
aimed at those visiting the village and/or its environs for recreational,
educational and similar or related reasons. Such uses might include,
but are not limited to, canoe rental, bird enthusiasts' shop, or other
retail uses selling a good or service related to the special characteristics
of the village or its environs.
2. The use shall be located and designed to reduce nuisances to adjoining
residential properties. In reviewing the site plans for same, adequate
buffering and screening shall be provided to prevent glare, noise
or debris from cause nuisances to adjoining properties used for residential
purposes.
3. No such village-oriented commercial or retail use shall be open for
business after 12:00 midnight or before 6:00 a.m. Hours of proposed
business or operation shall be provided as part of the site plan submitted
and shall be found the Land Use Board to be reasonably normal hours
of operation for the type of business activity and not destructive
of the village character. Where hours of operation are to be beyond
sunset thereby requiring lighting, additional requirements can be
imposed to reduce or eliminate nuisances to adjoining residentially-used
properties.
4. All such uses shall provide adequate on-site parking as required by Section
35-8.8 or the Land Use Board may determine as allowed by Section
35-8.8 that sufficient existing parking within a reasonable distance from the site is sufficient to handle the expected patron parking needs and reduce or eliminate the need for additional parking, except that parking for all employees of the village-oriented commercial or retail use shall be located on-site. If off-site parking is not public, then the applicant shall provide evidence of an agreement for use of private off-site parking facilities in connection with meeting the parking needs for a specific site.
5. Site plan review and approval shall be required for any village-oriented
commercial or retail use or activity.
C. Any village-oriented commercial or retail use approved shall only
continue to operate so long as it complies with the provisions of
this Section, this Chapter and the provisions or conditions imposed
as part of site plan approval. Failure to comply with any of these
above mentioned requirements shall be deemed a violation of the zoning
permit and this Chapter.
[Ord. No. 594]
Windmills, including those used for the production of electric
current, energy conservation devices such as solar panels for heating,
and communication installations, including television and/or radio
towers, antennae, satellite dishes and similar devices, may be installed
as per the Schedule of District Regulations, subject to the following
conditions:
A. Windmills shall be permitted in connection with any residential,
agricultural, recreational or industrial use when they meet the following
standards:
1. The proposed windmill will not block, interfere or otherwise impair
a scenic vista or corridor as identified in this chapter or the view
for an adjoining residential structure.
2. The primary purpose of a proposed windmill(s) will be to provide
power for the principal use of the property whereon said windmill(s)
is to be located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a windmill designed to meet the energy needs of the principal use.
3. The windmill and its location on the property involved shall be designed
to eliminate any nuisances to surrounding properties and to limit
any noise from said windmill from being heard off the property where
said windmill is located. The actual side and rear yard setbacks for
a windmill shall be determined by the Land Use Board and shall be
based upon the height of the proposed windmill.
4. No variance shall be granted in connection with a proposed windmill
to permit a height greater than three hundred (300) feet or the placement
of a windmill so close to a property line as to result in any portion
of the windmill at any time, whether erect or in the event the windmill
should fall or be toppled, to overhang, cross or otherwise extend
beyond the property line.
5. No windmill shall be located in any required front yard area.
6. The minimum lot size for the erection, construction or placement
of a windmill on a property shall be five (5) acres except that a
residential windmill (i.e. small wind energy system) with a maximum
nameplate capacity of twenty-five (25) kilowatts or less shall be
permitted on a minimum lot size of one (1) acre provided the maximum
height does not exceed eighty (80) feet to the tip of the blade and
the minimum yard setbacks shall be equal to the height of the windmill.
B. Energy conservation devices such as solar heating panels and private
communications equipment, such as dish or disc antennae, satellite
antennae, television or radio towers and similar devices, shall be
permitted in accordance with the following conditions:
1. No energy conservation or communications equipment shall be located
in any required front yard area to the extent practical given the
need for solar access in the case of energy conservation equipment.
2. Energy conservation or communications equipment shall not be attached
to the front facade or roof area of any structure or building wherever
practical given the requirements for said equipment such as solar
access or satellite alignment.
3. When any dish, disc or satellite antennae is located within twenty
(20) feet of adjoining property, it shall be screened with plant material
to the extent practical to reduce unsightly appearance without affecting
performance.
4. No communication equipment shall be permitted which causes interferences
or problems for adjoining properties' communication equipment or reception
of television, radio or other communication signals.
5. Wherever practical and possible, energy conservation and communication
equipment shall be so located on a property so as not to be visible
from the street.
6. Construction and erection of such equipment shall be subject to the
Uniform Construction Code and shall at no time constitute a threat
to public safety, health or welfare.
[Section 35-9.22 amended by Ordinance No.
522; Ord. No. 594]
A. Purpose. The purpose of this Section is to establish provisions regulating
the number, location, design and construction of local communication
facilities, including towers, antennas, equipment sheds, and appurtenances,
in order to accommodate the personal and commercial needs of the citizenry
and its environment. The goals of this Section are:
1. To provide for adequate wireless communications throughout the entire
Township while minimizing the total number of communications towers;
2. To minimize the impact of local communications facilities, particularly
towers, on areas of scenic and cultural significance to the Township
and the region;
3. To encourage the location of such towers as are necessary in nonresidential
and non-recreational areas;
4. To require the use of existing towers and other structures as support
platforms for local communications facilities to the extent consistent
with the purpose and the other goals of this chapter;
5. To require the collocation of local communications facilities of
competing providers in order to reduce he number of required towers;
6. To ensure that such towers are sited, constructed and maintained
in a manner which poses the fewest hazards to the general public as
possible; and
7. To provide for the timely removal of local communications facilities
and the restoration of the sites they occupied once they are permanently
withdrawn from service.
B. Applicability.
1. All new wireless local communications facilities, be they affixed
to freestanding towers or mounted on existing structures, and any
structures, equipment, or features accessory to the operation of said
facilities, shall be subject to the provisions contained herein this
chapter.
2. Collocation on an existing tower is permitted without prior approval
from the Land Use Board provided the tower height is not proposed
to be extended, no new equipment is proposed to be located outside
of the previously approved site plan area (i.e. the fenced compound
area) and the proposed antenna platform will be no more than fifteen
(15%) percent larger than the largest existing platform on the tower.
3. All local communications facilities subject to the provisions herein
which are located within the Pinelands Area shall comply with the
standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management
Plan and any comprehensive plan for such facilities approved by the
Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.
C. General provisions and requirements.
1. Upon approval of the Land Use Board, the construction and operation
of local communications facilities shall be permitted as a conditional
use in certain parts of the Township subject to the provisions and
limitations contained herein.
2. Existing local communications facilities shall not be required to
conform to the provisions contained herein until such time as they
are to be altered for installation of additional facilities for installation
of additional facilities that are not exempted by Subsection B2.
3. The Township may seek, at the applicant's expense, independent expert
advice on the specific locational need for, design, construction,
and operation of local communications facilities to aid in the evaluation
of applications for such facilities.
4. The applicant for a local communications facility which involves
construction of a freestanding tower more than one hundred (100) feet
in height shall make space available on the tower for municipal communications
needs to the Township, if technical operating requirements allow.
The Township shall use such space solely for installation of communications
devices for fire, police, or emergency medical services.
5. The total number of local communications facilities in the Township
shall be the minimum necessary to provide adequate service. As such,
no application for construction of a local communications facility
shall be approved until the applicant has demonstrated that there
is a need for the facility and that there is no existing, suitable
facility within the service area which could be utilized. Citation
in a comprehensive plan approved by the Pinelands Commission shall
serve as evidence of the need for a facility in a general area but
not as to the need for any specific site.
6. The applicant shall agree in writing to submit certification to the
Land Use Board annually and the Pinelands Commission every five (5)
years that the proposed local communications facility is still in
use and that its height cannot be decreased because of operational
needs. Oversized facilities shall be reduced to the minimum height
necessary for operational needs, as determined by the Land Use Board,
within twelve months of the certification.
7. Use of existing structures. The use of existing structures as support
platforms for local communications facilities shall be required in
all cases where consent of the structure's owner has been secured;
use of the structure will not interfere with the signal emitted from
other local communications facilities and is otherwise technically
feasible; use of the structure will not increase the total number
or affect the location of new towers that will be built in the Township;
and the following circumstances apply:
a. Use of the structure will not require expansion and the addition
of a local communications facility does not harm the character and
the integrity of the existing structure; and
b. Use of the structure will require an expansion in height but not
in excess of fifty percent (50%) of its current height, area or massing
profile, and it is either in a certified plan approved by the Pinelands
Commission or it is an existing communications structure; or
c. Use of the structure will require an expansion in excess of fifty
percent (50%) where the site is identified in a comprehensive plan
approved by the Pinelands Commission and the expansion or reconstruction
will preserve the current use and the visual impact of installation
of the expanded structure will be less than that of a new local communications
facility.
8. The applicant agrees that if a new tower is approved, collocation
will be permitted unless technically infeasible. The applicant shall
also agree that all of the local communications facilities under his
or her control within the Township shall be made available for collocation
purposes.
D. Height limitations and location requirements for new local communications
facilities.
1. Non-Pinelands Zones: Within the C Conservation, VHB Village Highway Business and the VLI Village Light Industrial Zoning Districts located outside of the River Conservation Protection District, local/wireless communications facilities may be built to whatever height is the minimum necessary to provide adequate service, as demonstrated by the applicant and determined by the Land Use Board, and provided that the height is ultimately less than two hundred (200) feet as permitted by this section. All local communication towers as permitted herein shall comply to the maximum extent practicable with the provisions of Subsection
35-9.22D3.
2. New Towers in Pinelands Zones: The following provisions shall apply
in those zoning districts which constitute the Forest Area, Rural
Development Area and Pinelands Village areas of the Township:
a. No application for construction of a new local communications facility tower shall be approved unless the comprehensive plan governing such facilities, referenced in Section
35-9.22D2 herein, has been approved by the Pinelands Commission.
b. New local communications facility towers shall be less than two hundred
(200) feet in height, as measured from grade. Freestanding towers
built to a lesser height shall be designed so that their height may
be increased provided that maximum height is less than two hundred
(200) feet if necessary to accommodate the needs of other local communications
facilities.
c. All new local communications facility towers shall be located within
the area consistent with the service need for the facility, but in
no case beyond a five-mile radius of the area specified in the comprehensive
plan referenced in subsection a above. The applicant shall initially
determine and demonstrate a technically feasible search area within
the radius.
If the search area contains lands located both inside and outside
the Pinelands Area or lands in more than one Pinelands management
area, the applicant shall seek to site the facility in accordance
with the following hierarchy, with the first designation being the
location of greatest preference:
(1)
Outside the Pinelands Area;
(2)
Within the Pinelands Rural Development Area the PB- Pinelands
Business, PSI-Pinelands State Institutional, PRDA-R Pinelands Rural
Development Area Residential and the PRDA-C Pinelands Rural Development
Area Conservation Zoning Districts;
(3)
Pinelands Forest and Pinelands Villages Zoning Districts, including
the PR Pinelands Residential, PC Pinelands Conservation, and the PVC-3
Pinelands Village Center, PVC-5 Pinelands Village Center, PVB Pinelands
Village Business and the PVHB Pinelands Village Highway Business Zoning
Districts.
d. Within the Forest Area or the Rural Development Area of the Township,
new local telecommunication facility towers shall be permitted only
at the following locations:
(1)
In the PB Pinelands Business and PPHB Pinelands Planned Highway
Business Zoning District;
(2)
On developed publicly owned lands within five hundred (500)
feet of an existing structure, provided that the facility will be
located on previously disturbed lands that have not subsequently been
restored and that no facility will be located on State, county or
municipal conservation lands, State recreational lands or county or
municipal lands used for low intensity recreational purposes;
(3)
On the parcel of an existing first aid or fire station; or
(4)
On the parcel of an existing landfill, provided that the facility
will be located on previously disturbed lands that have not subsequently
been restored.
3. All Zoning Districts: The following provisions shall apply throughout
the Township:
a. To the extent feasible and consistent with other provisions contained
in this chapter, all new local communications facility towers shall
be sited in a manner which:
(1)
Minimizes visual impacts as viewed from publicly dedicated roads
and highways and from other areas frequented by the public by, in
order of decreasing priority:
(a) Avoiding, to the maximum extent practicable, any
direct line of sight from low intensive recreation facilities parks,
playgrounds and campgrounds; and
(b) Minimizing the length of time that an antenna structure
is visible from publicly dedicated roads and highways; and
(c) Avoids, to the maximum extent practicable, visual
impacts as viewed from the wild and scenic rivers and special scenic
corridors listed in N.J.A.C. 7:50-6.105(a); and
(2)
Minimizes visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer, setback and screening as established herein Subsections 35-22D3f and D3g, Section
35-6.2 and Section
35-11.4D.
b. If multiple sites for new towers which meet all other qualifications
are available, the site with the least visual impact shall be selected;
if only a single qualifying site is available, the best location on
the site that meets all other standards of this chapter shall be selected.
c. The design and construction of all new local communications facility
towers shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105
regarding setbacks from scenic corridors and in environmentally sensitive
areas. Applicants shall employ design strategies intended to mask,
disguise, or hide local communications facility towers so that they
blend into the natural background to the maximum extent possible.
d. Local telecommunications facilities shall be located so as to meet
the technical operating requirements of the applicant and any potential
co-locators who have expressed a desire to use the same facility.
e. Local telecommunications facilities shall be located, in order of
preference, on:
(1)
Existing structures whose appearance would not be significantly
altered (no more than de minimis change in their mass or height, and
no impact upon a historic structure or structures within historic
districts that have been designated in accordance with the provisions
of N.J.A.C. 7:50-6-154, unless the installation can be accomplished
consistent with the criteria of N.J.A.C. 7:50-6.156);
(2)
Other structures whose appearance would be significantly altered
provided that the visual impact of the former would not exceed that
of the eligible undeveloped sites; and
(3)
Undeveloped sites eligible for a new tower.
f. All freestanding local telecommunication facility towers shall maintain
a minimum distance of two hundred (200) feet from any adjoining lot
line and shall comply with the siting design criteria of Subsection
D3a above, where applicable. The Land Use Board may reduce this design
criterion distance by as much as fifty percent (50%) of the required
distance, if it finds that limited sites and land ownership and use
necessitates require use of a lot that must have such reduction and
safety and visual impacts may be alternately addressed.
g. Notwithstanding the provision of Section
35-6.1, Use Regulations, whenever proposed for a nonresidentially zoned property, a local communication facility may be so located as provided herein this section even if there is already a permitted primary use and/or accessory uses on said property, provided however, that said existing primary use or the existing accessory use(s) are not a free-standing local communications facility or tower. The permitting of a local communications facility in such cases is intended to reduce the effect of such facilities on the landscape by utilizing already developed lands.
E. Design and construction requirements.
1. All local communications facilities shall meet or exceed current
standards and regulations of the Federal Aviation Administration,
the Federal Communications Commission and any other agency of the
state or federal government with relevant authority. If such standards
or regulations are amended, the owners of local communications facilities
in the Township shall bring such facilities into compliance within
six months of the effective date of such amendments. Failure to bring
such facilities into compliance shall constitute grounds for removal
of the facility by the Township at the owner's expense.
2. All new freestanding support towers shall be designed and constructed
so as to accommodate the needs of any other local communications provider
who has identified a need to locate a facility within an overlapping
service area.
3. All new freestanding support towers shall be of lattice type construction,
except that monopoles may be employed if the applicant warrants that:
a. The tower can and will be expanded if necessary to the maximum height
permitted within the zoning district to accommodate any other local
communications provider who expresses a need to collocate; or
b. If the tower cannot be expanded, it will be replaced, without service
interruption to current users, by a tower which can accommodate the
collocation needs of other communications providers.
Outside the Pinelands area, new freestanding support towers
shall be either of lattice type construction or monopoles whichever
is least visually obtrusive and meets the technological requirements
of the appliance and complies with the provisions of Subsections E3a
and E3b herein.
4. Any accessory sheds or other accessory structures shall be built
solely to house each provider's equipment essential to the operation
of the local communication facility and shall be designed, painted,
and/or screened by year-round landscaping to blend in with the surrounding
environs to the extent possible, as determined by the Land Use Board.
These structures shall be located as close to the antenna support
structure as possible and shall not exceed ten (10) feet in height
or one hundred (100) square feet in area, unless expressly authorized
by the Land Use Board. Only one (1) such structure shall be permitted
per facility user, unless a need is otherwise demonstrated to the
Land Use Board. If feasible, additional land for the equipment needs
of future co-locators shall be secured in the purchase/lease of the
selected site or be available by lease agreement. All accessory shed
or other equipment facilities shall be subject to site plan review
and approval. All accessory sheds or other equipment facilities shall
be subject to site plan review and approval if exemption in Subsection
B2 does not apply.
5. Any access road to the local communication facility shall be landscaped
or be oriented in such a way as to preclude a direct view of the facility
from a public venue.
6. Secure fencing may be required if the Township determines that it
is necessary for the safe operation of the facility.
7. No artificial lighting may be attached to any local communications
facility except as required by the Federal Aviation Administration
or other regulatory authority with jurisdiction. Lighting of equipment
and any other structure on site shall be shielded from abutting properties.
There shall be total cutoff of all light at the property lines of
the parcel to be developed, and foot candle measurement at the property
line shall be 0.0 foot candles when measured at grade. Lighting shall
be the minimum necessary to conform to applicable requirements.
8. No sign will be attached to any local communications facility except
as is necessary to provide operational or maintenance instructions
or warnings to the general public. No sign will be attached at a level
more than ten (10) feet above grade. The use of any portion of a facility
for any form of advertising is prohibited.
9. The following standards shall apply to clearing and landscaping for
construction of new local communications facilities:
a. Clearing of existing vegetation shall be limited to the minimum necessary
to allow for access to and operation of the facility;
b. The lower portions of local communications facilities which will
be located adjacent to residential zones, recreational areas, or public
roads shall be screened at ground level from public view to the maximum
extent practical in the following manner:
(1)
One or more rows of evergreen trees, at least four (4) feet
in height when planted and capable of forming a continuous hedge at
least fifteen (15) feet in height within five (5) years of planting,
shall be required and spaced not more than seven (7) feet apart around
all lattice towers and any monopole over fifty (50) feet in height;
(2)
Adjacent to residential zones and recreational areas, an additional
row of deciduous trees no less than one and one-half (1 1/2)
inches in diameter measured three (3) feet above grade, and spaced
not more than twenty (20) feet apart shall be planted around the evergreen
trees;
(3)
The screening shall be maintained and replaced as necessary
while the facility is in service; and
c. The Land Use Board in considering landscaping plan for local communications facilities may refer to Article
35-11 of this chapter and require conformance with its design and performance standards as relate to landscaping and buffering and/or screening.
10. Local communications facilities mounted on an existing structure
shall be painted or shielded with material which is consistent with
the design features and materials of the structure. To the extent
that any local communications facility or its supporting structure
extends above the height of the vegetation immediately surrounding
it, they shall be painted in a light gray or light blue hue which
blends with sky and clouds.
F. Maintenance and operation requirements.
1. The owner of a local communications facility shall ensure that it
is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. Such maintenance shall include, but is not limited
to, painting, structural integrity of the mount and security barrier,
and maintenance of the buffer area and landscaping. If, upon inspection,
the Township concludes that a facility fails to comply with such codes
and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall
have thirty days to bring the facility into compliance with such standards.
Failure to bring such facility into compliance within the thirty day
period shall constitute grounds for the removal of the facility at
the owner's expense.
2. No application for installation of a local communications facility
shall be approved unless the applicant has submitted evidence that
a surety bond has been established which will provide for removal
of the facility and restoration of the disturbed area in accordance
with N.J.A.C. 7:50-6.24 within twelve (12) months of its ceasing to
operate. In any event, the Township shall, at the expense of the owner,
remove any such facility which has been out of operation for a period
greater than twelve (12) months.
3. All local communications facilities shall be operated in a manner
consistent with the "Guidelines for Evaluating the Environmental Effects
of Radiofrequency Radiation," as published and amended from time to
time by the Federal Communications Commission.
4. Local communications facilities adjacent to residential or public
recreational areas shall not increase the ambient noise level nor
cause any persistent level of vibration in excess of fifty (50) db
beyond the property lines of the parcel on which they area situated.
5. At annual intervals from the date of the issuance of the conditional
use permit, the applicant shall submit measurement of the noise and
the radiofrequency radiation from the local communications facility.
Such measurements shall be made by a qualified technician and shall
certify that they are within applicable limits.
G. Application requirements.
1. Pre-application conference: Early consultation by applicants with Township officials and representatives of the Pinelands Commission is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this Section, the applicant may request to convene with the Land Use Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a pre-application conference, the Land Use Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Land Use Board. Any such pre-conference request shall be subject to the provisions of Section
35-13.9 of this chapter.
2. New local communications facilities shall require conditional use approval and major site plan approval by the Land Use Board. All persons seeking to build such a facility must submit an application to the Land Use Board which in addition to the requirements of Section
35-13.11D of this chapter must also contain or be revised to conform to the following requirements:
a. A scaled site plan clearly indicating the location (including street
address and block/lot), type, method of construction and height of
any proposed tower and any accessory structure(s); on-site land uses
and zoning; contour lines at no greater than five (5) foot intervals
AMSL; existing structures; land uses and zoning within two hundred
(200) feet (including adjacent municipalities); any roads within two
hundred (200) feet; proposed means of access; limits of clearing;
and setbacks from property lines;
b. Photographs of the proposed site of the facility showing current
conditions;
c. The setback distance from the nearest structure;
d. A map showing the location of all other local communications facility
towers and other structures within the Township as well as outside
the Township within a five-mile radius. The applicant shall also identify
the height and type of construction of all such structures;
e. A landscape plan showing proposed landscaping;
f. The location and type of proposed fencing, if applicable, and the
type, location, color and power of any illumination;
g. An assessment of the suitability of the use of existing towers or
other structures within the search area to accommodate the local communications
facility in lieu of a tower, if a new tower is proposed;
h. An assessment of the suitability of the site to accommodate additional
equipment sheds and similar needs of other wireless providers who
may wish to collocate on the proposed facility;
i. For facilities proposed in the Pinelands Area, a notarized statement
indicating the applicant will abide by the provisions of "Exhibit
B Collocation Opportunities for Wireless Providers in the Pinelands"
contained in the Comprehensive Plan for Wireless Communications Facilities
in the Pinelands approved by the Pinelands Commission on September
11, 1998;
j. Written confirmation from any other wireless providers who have expressed
a desire to collocate on the proposed facility (either by inclusion
of the site in a comprehensive plan approved by the Pinelands Commission
or at any public meeting on the application) that the selected site
meets their operational needs and space requirements for equipment
sheds and the like; and
k. A Certificate of Filing issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34.
l. Computer simulation models, photographic juxtaposition and similar
techniques are not mandated, but, if submitted in support of the application,
may be used by the Land Use Board in determining conformance with
the visual impact standards of Section 35-9.22D3a of this chapter.
Such materials may also aid in assessing the consistency of the application
with N.J.A.C. 7:50-5.4.
m. In the event that collocation is found not to be feasible, a written
statement of explanation shall be submitted to the Land Use Board.
The Land Use Board may retain a technical expert in the field of radiofrequency
engineering to verify if collocation at the site is not feasible or
is feasible given the design configuration most accommodating to the
collocation, or that a new tower has less visual impact at an alternative
site. The cost of such a technical expert will be at the expense of
the applicant.
n. A plot plan, survey and all other plans and documents required for site plan approval by Section
35-13.11D of this chapter.
3. The Township permits wireless communications providers to submit
a single application for approved multiple facilities.
4. Federal environmental requirements.
a. The National Environmental Policy Act (NEPA) applies to all applications
for personal wireless service facilities. NEPA is administered by
the FCC via procedures adopted as Subpart 1 Section 1.1301 et seq.
(47 CFR Ch. I). The FCC requires that an environmental assessment
be filed with the FCC prior to beginning operations for certain facilities.
The environmental assessment must be submitted as part of any Township
application for such a facility. If said environmental assessment
is not required or waived by the FCC, then a copy of such waiver or
letter of declination shall be provided in lieu thereof the assessment.
b. Federal regulations also require avoidance of siting of new towers
in proximity to designated Wild and Scenic Rivers. If an applicant
proposes to locate a new tower in proximity to a designated river,
proof of federal review and approval of such siting or waiver thereof
must be submitted as part of any Township application for such a facility.
For purposes of this subsection the term "proximity to a designated
river" shall mean a proposed tower location within one-half (1/2)
mile from the bank of said designated river.
An owner or person in possession of real estate used for residential
purposes may hold a yard, tag or garage sale not more than three (3)
times in any calendar year upon applying for a permit from the Zoning
Officer. Issuance of such a permit shall be based on the following
conditions:
A. A tag, yard or garage sale shall not exceed two (2) consecutive days.
B. A maximum of four (4) temporary off-site directional signs measuring not over two (2) square feet in area each for any tag, yard or garage sale for which a permit is issued. All such signs shall be placed and removed in accordance with the provisions of Section
35-8.13 of this chapter, except that no sign permit shall be required for such signs. Signs must be removed by the applicant within three (3) days after the event.
C. Any tag, yard or garage sale shall be conducted only during the hours
of daylight. The Zoning Officer may impose restrictions on the location
of such a tag, yard or garage sale on a property and the hours of
operation of said sale where it is determined, based upon consultation
with the appropriate officials, that said sale would create a traffic
hazard.
D. Tax exempt organizations are exempt from obtaining a permit under
this Section, but shall be subject to the standards set forth herein
in connection with the frequency, hours of operation and the signs
allowed for such sales.
[Ord. No. 620 § 13; Ord. No. 624]
A. In the PR, PRDA-R, PC, and PRDA-C Districts, clustering of single-family
detached dwellings shall be required whenever two (2) or more units
are proposed as part of a residential development. The following standards
shall apply:
1. Permitted density:
a. In the PR and PRDA-R Districts: one unit per 5 acres.
b. In the PC District: one unit per 25 acres.
c. In the PRDA-C District: one unit per 15 acres.
2. Bonus density:
a. The number of residential lots permitted within the cluster shall
be calculated on the basis of the size of the parcel of land and the
density permitted in Subsection A1 above.
b. A density bonus is permitted on lots greater than fifty (50) acres
in accordance with the table below. The bonus density shall be calculated
based upon the gross acreage of the parcel of land and the density
permitted in Subsection A1 above. Bonus density on parcels with resource
extraction ponds on all other parcels shall be applied in accordance
with the following table:
Parcel Size
|
PR, PRDA-R Districts
|
PRDA-C
District
|
PC
District
|
---|
<50 acres
|
0
|
0
|
0
|
50-99.99 acres
|
15%
|
20%
|
25%
|
100-149.99 acres
|
20%
|
25%
|
30%
|
>150 acres
|
25%
|
30%
|
40%
|
c. When calculating the permitted bonus units all fractions of a unit
shall be rounded to the lower number. In no case shall the bonus units
be rounded up. To determine the total units permitted the base density
and bonus density shall be combined prior to rounding.
d. Residential cluster development on lots with resource extraction
ponds may utilize the water area in calculating the bonus density
if the development is designed as a lake front community where the
water area is incorporated as an active or passive recreational element
of the development plan.
3. The residential cluster shall be located on the parcel such that
the development area:
a. Is located proximate to existing roads;
b. Is located proximate to existing developed sites on adjacent or nearby
parcels;
c. Is or will be appropriately buffered from adjoining or nearby nonresidential
land uses; and
d. Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.
e. In the PRDA-R zoning district all new residential developments shall
be located on existing street frontages.
4. Development within the residential cluster shall be designed as follows:
a. Residential lots shall be one acre in size but may be larger if dictated
by unusual site conditions. In no case shall the average size of residential
lots within a cluster exceed 1.1 acres;
b. The following yard and building requirements shall apply:
(1)
Minimum lot width: 200 feet. The minimum lot width may be reduced
to 150 feet where new streets are proposed.
(2)
Minimum front yard: 75 feet.
(3)
Minimum side yard, each: 50 feet.
(4)
Minimum rear yard: 40 feet.
c. Individual on-site septic wastewater treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the waste
that comply with the standards of Section 35-11.4AC2d may serve the
lots within the cluster development area. However, in the event that
existing agricultural uses will continue on the parcel in accordance
with Subsection A5b(2) below, individual on-site septic wastewater
treatment systems shall comply with the standards of Section 35-11.4AC2e
or g. Community on-site wastewater treatment systems serving two or
more residential dwelling units which meet the standards of Section
35-11.4AC2e or g shall also be permitted;
d. The residential cluster development area shall include such land
and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
e. Permitted recreation amenities may include playgrounds, tot lots,
swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than one-half (1/2) acre of land or the equivalent of
one (1) acre of land for every twenty-five (25) residential lots,
whichever is greater.
5. The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association or incorporated as part of one of the lots within the
cluster development area. An application for cluster development shall
clearly identify all such areas and their proposed uses.
a. All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Maurice River Township or another public agency or nonprofit
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
b. The deed of restriction shall permit the parcel to be managed for:
(1)
Low intensity recreation, ecological management and forestry,
provided that no more than five percent (5%) of the land may be cleared,
no more than one percent (1%) of the land may be covered with impervious
surfaces and any such uses or activities are approved and conducted
in accordance with the requirements of this chapter; and
(2)
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
(a) For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to fifty percent (50%);
(b) For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five (5) years prior to submission of an
application for cluster development;
(c) For those agricultural uses established after April
6, 2009 which do not meet the standards of Subsection A5b(2)(b) above,
the deed of restriction shall permit the land to be managed only in
accordance with Subsection A5b(1) above and shall not provide for
continuation of any agricultural use on the parcel;
(d) The deed of restriction to be recorded pursuant
to Subsection A5b(2)(a) or (b) above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or three percent (3%), whichever is greater, unless
a Resource Management System Plan has been prepared. Before these
impervious surface limits may be exceeded, evidence of Pinelands Commission
approval of the Resource Management System Plan shall be provided.
If the deed of restriction is in favor of Cumberland County or the
State Agricultural Development Committee, evidence of their approval
shall also be provided; and
(e) For parcels which meet the standards of Subsection
A5b(2)(a) or (b) above, a provision shall be recorded in the deed
for each residential lot within the cluster development area which
acknowledges agricultural use of the protected land outside the cluster
development area and recognizes the legal protections afforded to
that use through the deed of restriction and any applicable statutes.
[Ord. No. 620 § 14]
Single-family, detached dwellings which are not clustered in accordance with Section
35-9.24 may be permitted as a conditional use, provided that:
A. The Planning Board finds that:
1. Clustering of the proposed dwellings would be inconsistent with the
minimum environmental standards set forth at N.J.A.C. 7:50-6; or
2. Clustering of the proposed dwellings would disrupt the contiguity
of the forest ecosystem to a greater degree than non-clustered development.
B. Minimum lot area requirements:
1. In the PR and PRDA-R Districts: 5.0 acres.
2. In the PRDA-C District: 15.0 acres.
3. In the PC District: 25.0 acres.
C. Minimum bulk and maximum coverage requirements shall be in accordance
with the Schedule of District Regulations for single-family detached
dwellings as a principal use.
[Added 4-15-2021 by Ord.
No. 703]
A. The operation of any class of cannabis business within the geographical
boundaries of the Township of Maurice River, shall be a prohibited
use.
B. The following six marketplace classes of licensed cannabis/marijuana
business shall be prohibited in all zones of the Township of Maurice
River:
1. Class 1 Cannabis Cultivator license: Facilities involved in growing
and cultivating cannabis;
2. Class 2 Cannabis Manufacturer license: Facilities involved in manufacturing,
preparation, and packaging of cannabis items;
3. Class 3 Cannabis Wholesaler license: Facilities involved in obtaining
and selling cannabis items for later resale by other licensees;
4. Class 4 Cannabis Distributer license: Businesses involved in transporting
cannabis plants in bulk from a licensed cultivator to another licensed
cultivator, or cannabis items in bulk from any type of licensed cannabis
business to another;
5. Class 5 Cannabis Retailer license: Locations at which cannabis items
and related supplies are sold to consumers; and
6. Class 6 Cannabis Delivery license: Businesses providing courier services
for consumer purchases that are fulfilled by a licensed cannabis retailer
in order to make deliveries of purchased items to a consumer, and
which service would include the ability of a consumer to make a purchase
directly through the cannabis delivery service which would be presented
by the delivery service for fulfillment by a retailer and then delivered
to a consumer.
C. The purpose of this section is to protect the health and safety of
Township residents and is deemed to be in the best interest of the
Township and the residents of the Township of Maurice River.
D. This section is designed to regulate the purchase, sale, cultivation,
manufacturing, packaging, transportation, and delivery of cannabis
items within the Township of Maurice River. Cannabis, for the purpose
of this section, is defined as cannabis (dry leaves and flowers),
cannabis products, cannabis extracts, any other form of cannabis resin
and marijuana.