Township of Maurice River, NJ Article 35-9 Specific Use Standards and Regulations

§ 35-9.1 CAMPGROUNDS.

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.

§ 35-9.2 CLUSTER DEVELOPMENTS OUTSIDE THE PINELANDS RURAL AND FOREST AREAS.

[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.

§ 35-9.3 COMMERCIAL USE-RELATED DWELLING.

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.

§ 35-9.4 DUPLEX OR SEMI-DETACHED DWELLINGS.

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.

§ 35-9.5 GASOLINE SERVICE STATIONS AND/OR REPAIR GARAGES OR CAR WASHES.

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.

§ 35-9.6 GOLF COURSES.

[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:

(1) Fescue species

(2) Smooth bromegrass

(3) Reed canary grass

(4) Little bluestem

(5) Deertongue

(6) Red top

(7) Switch grass

(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.

§ 35-9.7 INDUSTRIAL PARKS.

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.

§ 35-9.8 KEEPING OF ANIMALS AND LIVESTOCK, KENNELS AND LAND USE ACTIVITIES INVOLVING ANIMALS.

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.

§ 35-9.9 MOBILE HOMES AND TRAILERS.

[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]

§ 35-9.10 MULTI-FAMILY DWELLING OR TOWNHOUSE PROJECTS.

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.

§ 35-9.11 PINELANDS RESIDENCE.

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.

§ 35-9.12 PLANNED COMMERCIAL CENTERS.

[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.

§ 35-9.13 PLANNED DEVELOPMENTS OF REGIONAL IMPACT.

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.

§ 35-9.14 PROFESSIONAL OFFICE CENTER.

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.

§ 35-9.15 RESIDENTIAL SPECIALIZED MEDICAL/EDUCATIONAL FACILITY.

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.

§ 35-9.16 RESOURCE EXTRACTION.

[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;

12. A soils map;

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.

§ 35-9.17 ROADSIDE STAND OR ARTISAN'S DISPLAY.

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.

§ 35-9.18 RURAL RESIDENCE.

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.

§ 35-9.19 STUDIO OR WORKSHOP.

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.

§ 35-9.20 VILLAGE-ORIENTED COMMERCIAL OR RETAIL USE.

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.

§ 35-9.21 WINDMILLS, ENERGY CONSERVATION DEVICES AND PRIVATE COMMUNICATIONS FACILITIES.

[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.

§ 35-9.22 WIRELESS/LOCAL COMMUNICATION FACILITIES.

[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.

§ 35-9.23 YARD SALES.

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.

§ 35-9.24 RESIDENTIAL CLUSTER DEVELOPMENT IN PINELANDS AREA.

[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.

§ 35-9.25 NON-CLUSTERED RESIDENTIAL DEVELOPMENT IN THE PC, PR, PRDA-C AND PRDA-R DISTRICTS.

[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.

§ 35-9.26 The Operation of Any Class of Cannabis Business Within the Township of Maurice River.

[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.