Any application for development within the Township of Maurice
River, including the Pinelands Protection Area, shall demonstrate
conformance to design standards that will encourage orderly development
patterns within the municipality. Each development submitted for review
and approval in accordance with this chapter shall conform to the
design provisions and performance standards and requirements contained
herein.
All proposed developments shall conform to the proposals and
conditions or standards shown on the adopted Township Master Plan
as amended. The conformance to and impact upon proposed streets, drainage
rights-of-way, school sites, public parks, recreational areas or open
spaces, scenic and/or historic sites, community facilities, utilities
or conservation areas, or other facilities or areas shown on the officially
adopted Master Plan shall be considered by the Land Use Board in the
review of plats and plans for development and may be referenced by
it in setting conditions for the approval of any proposed development.
A.
Future development. All improvements proposed in any future development
shall be designed and installed in such a way as to connect to any
existing facilities and to enable future connections or extensions
of expanded or new facilities. Wherever possible, improvements shall
be designed to handle present and probable future development to the
reasonable extent practical.
B.
Character of land. Land which the Land Use Board finds to be unsuitable
for proposed subdivision or their use due to environmental constraints,
such as but not limited to: flooding, improper drainage, steep slopes,
soil conditions, or the existence thereon of historic sites, or vegetative
or wildlife habitat; and where the effect of such lots or development
would have on remaining lands or other features or characteristics
which can reasonably be expected to be harmful to the health, safety
and general welfare of the present or future inhabitants of the development
and/or its surrounding areas, shall not be developed unless acceptable
and adequate measures or methods are formulated by the applicant to
eliminate and satisfactorily mitigate the problem(s) or adverse impact(s)
which would meet the standards and regulations of this Article and
other applicable regulations including the Pinelands Comprehensive
Management Plan, where applicable.
[Section 35-11.4 amended by Ord. Nos. 522, 526; Ord. No. 588 § 2; Ord.
No. 620 §§ 17, 18; Ord. No. 652-2016 § 2; Ord. No. 658-2017 § 5]
All developments shall be subject to the specific provisions
or standards contained in this section. In the case of residential
developments, the Residential Site Improvement Standards, as amended
and supplemented from time to time according to law, shall supersede
the standards included herein dealing with the same provisions or
improvement. The following provisions and standards shall be addressed
and satisfied in connection with development review and approval:
A.
Agriculture. All agricultural activities and fish and wildlife activities,
including the preparation of land and the planting, nurturing and
harvesting of crops, shall be carried out in accordance with the recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service, and the New Jersey Agricultural Experimental Station at Rutgers,
the State University of New Jersey.
B.
Air quality.
1.
All development shall adhere to the relevant air quality standards
of N.J.A.C. 77:27 et seq. Adherence to the standards of this section
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection and Energy
pursuant to N.J.A.C. 7:27-18.3.
2.
Applications for residential development of one hundred (100) or
more units and any other development involving more than three hundred
(300) parking spaces located in the Pinelands Area shall ensure that
all state ambient air quality standards in N.J.A.C. 7:27 et seq. for
carbon monoxide shall not be exceeded at places of maximum concentration
and at sensitive receptors.
C.
Blocks.
1.
The length, width and acreage of street blocks shall be sufficient
to accommodate the size lot required in the zone district in which
it is to be located and to provide for convenient access, circulation
control and traffic study.
2.
Blocks over one thousand (1,000) feet in length within residential
areas shall be discouraged, but where they are used, pedestrian crosswalks
or bikeways between lots may be required in locations deemed necessary
by the Land Use Board. No block within a residential area shall exceed
one thousand five hundred (1,500) feet in length.
3.
Within commercial and industrial areas, block length shall be sufficient
to meet area and yard requirements for such uses and to provide proper
street access and circulation.
D.
Buffers and screening. Buffers or screening are required according
to the following:
[Ord. No. 652-2016 § 2]
1.
Buffer areas shall require site plan review and are required along
all lot lines and street lines which separate a nonresidential use
from either an existing residential use or residential zoning district.
Buffer areas shall be developed in an aesthetic manner for the primary
purpose of screening views and reducing noise, glare, blowing debris
or other nuisances' perception or effect beyond the lot. No structure,
use, activity, storage of materials, or parking of vehicles shall
be permitted within a buffer area.
2.
The standards for the location and design of buffer areas are intended
to provide flexibility in order to provide effective buffers. The
location and design of buffers shall consider the use of the portion
of the property being screened, the distance between the use and the
adjoining property line, differences in elevations, the type of buffer
such as dense planting, exiting woods, a wall or fence, buffer height,
buffer width, and other combinations of man-made and natural features.
The buffer shall be designed, planted, graded, landscaped and developed
with the general guideline that the closer a use or activity is to
a property line, or the more intense the use; then the more effective
the buffer area must be in obscuring light and vision, and reducing
noise or other nuisances beyond the lot.
3.
All buffer areas shall be planted and maintained with either grass
or ground cover together with a screen of live shrubs or scattered
plantings of live trees, shrubs, or other plant material meeting the
following criteria:
a.
The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area provided that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings shall conform to Section 35-11.4AA of this chapter;
b.
Plant materials used in screen planting shall be at least three
(3) feet in height when planted and be of such density as will obscure,
throughout the full course of the year, the glare of vehicle headlights
emitted from the premises;
c.
The screen planting shall be so placed that at maturity it will
not be closer than three (3) feet from any street or property line;
d.
Trees shall be at least eight (8) feet in height and four (4) inches in caliper when planted, free of disease and insect pests, and approved stocked as required by Section 35-11.4AA of this chapter;
e.
Any plant material which does not live shall be replaced within
one (1) year or one (1) growing season; and
f.
Screen plantings and landscaping shall be broken at points of
vehicular and pedestrian ingress and egress to assure a clear sight
triangle at all street and driveway intersections.
4.
Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one (1) material highly resistant to weather conditions or decay and at least six (6) feet in height, no more than eight (8) feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than fifty percent (50%) of its area is open. Whenever a masonry wall is deemed appropriate and/or necessary, it shall set back one (1) foot from any property line and shall not be located in any front yard area. This requirement shall not apply to a retaining wall as defined in Section 35-3.3 of this chapter.
5.
Whenever buffers are required, the Land Use Board may specify that
earthen berms be utilized. Such berms shall be not less than five
(5) feet in height as measured from the grade of the adjoining road
or land they are intended to screen. They shall be designed and constructed
to blend with surface drainage plans for the property being developed
and to not create surface runoff problems for adjoining properties.
Berms, when required or proposed, shall be provided with a minimum
four (4) inches of topsoil, seeded and landscaped with trees and shrubs
as set forth in Subsection D4 hereinabove.
6.
In order to assure the preservation and maintenance of required buffer
areas or screening, the Land Use Board may require specific deed restrictions,
provision for maintenance of such areas by individual property owners
or homeowners associations, easements and other legal restrictions
which will provide a means of preserving and maintaining the buffer
area and/or screening required and permit the Township or other third
parties to become involved in the event that a property owner or homeowners
association fails to comply with the provisions of any such legal
restrictions.
7.
The following special screening standards shall apply:
a.
No more than ten (10) automobiles, trucks or motor vehicles,
whether or not they are in operating condition, shall be stored on
any lot unless such motor vehicles are adequately screened from adjacent
residential uses and scenic rivers as defined in the Pinelands Comprehensive
Management Plan. This section shall not apply to vehicles which are
in operating condition which are maintained for agricultural purposes.
b.
New utility distribution lines and telephone or cable television
lines to locations not presently served by utilities shall be placed
underground, except for those lines which are located on or adjacent
to active agricultural operations.
c.
All electric utility transmission lines shall be located on
existing towers or underground to the maximum extent practical.
d.
Above-ground generating facilities, switching complexes, pumping
and/or substations, or other electronic equipment cabinets shall be
screened with vegetation from adjacent uses and streets in accordance
with the provisions of this Article.
e.
Whenever reverse frontage is required in connection with a proposed
development, there shall be established a minimum twenty (20) foot
buffer area along the rear of any lot or lots adjacent to the roadway.
Said buffer area shall be provided with landscaping and screening
sufficient to buffer said property from the noise, light glare or
other nuisances of traffic along the adjoining roadway. Fencing may
also be required where there is a concern for safety of residents
gaining access to the adjoining roadway or vehicles crossing the buffer
area. Such buffer area shall be established by easement or deed restrictions
suitable to the Township Solicitor prior to approval of the development
application where such reverse frontage is a condition of approval.
E.
Concrete structures. Concrete structures shall conform to the American
Society for Testing Materials cement designations C-150, Type 1 for
Standard Portland Cement; C-150, Type 3 for High Early Strength Portland
Cement; and C-175, Type 1-A for air entraining Portland Cement. Vinsol
resin or Darex A.E.A. shall be used as the air-entraining agent and
both fine and coarse aggregate shall conform to requirements therefor
of the New Jersey Department of Transportation Standard Specifications,
as amended and supplemented. The following standards shall be met
unless modified by the Township Engineer:
1.
Unless otherwise specified, all concrete shall be air-entrained,
having four percent (4%) to seven percent (7%) entrained air.
2.
Concrete shall be Class A, B, C, or D.
3.
Required reinforcing steel shall be intermediate grade deformed bars
conforming to American Society for Testing Materials designation A-15
and A-305, as amended and supplemented.
4.
Required joint filler shall be a cellular compression material conforming
to the requirements therefor of the New Jersey Department of Transportation
Standard Specifications, as amended and supplemented.
5.
In the construction of required concrete structures, the Township
Engineer will determine the slump range within which the contractor
may work. Transit mix concrete may be used if obtained form sources
approved by the Township Engineer. On-site mixing and proportioning
equipment will also be subject to the approval of the Township Engineer.
6.
Forms shall conform to lines, dimensions and grades shown on plans
and may only be omitted when soil conditions and workmanship permit
accurate excavation to specifications. Forms shall be firmly braced,
tight and capable of resisting movement, bulging or mortar leakage.
Forms shall be smooth and clear and shall be completely removed.
7.
Soil base for concrete work shall be properly finished to prescribed
lines, grades and dimensions and shall be approved by the Township
Engineer or his representative before concrete is placed. All areas
to receive concrete shall be free of frost, foreign matter and excessive
damp when concrete is placed. All concrete shall be handled and placed
so as to avoid segregation. Concrete that has begun to set or has
been contaminated with foreign materials or that has too much water
shall not be used. Pouring shall be done in a continuous process until
an individual section is complete. All concrete shall be thoroughly
compacted with vibrator or other suitable equipment. Finished concrete
shall have a wood-float finish unless specified by the Township Engineer
and shall be kept continuously moist for a period of three (3) days.
Curing shall be accomplished at the direction of the Township Engineer.
Expansion joints shall be provided as prescribed and shall extend
the full thickness of the concrete. Concrete shall not be poured when
the temperature is below forty degrees (40°) Fahrenheit or during
periods of precipitation unless precautions acceptable to the Township
Engineer have been taken to prevent damage to the work. Precautions
to avoid freezing of the concrete shall be in accordance with the
current recommendations of the American Concrete Institute.
F.
Curbs and gutters. The standard monolithic concrete curb and gutter
as contained in the Traffic and Transportation Plan Update, prepared
by the Cumberland County in 1981, be required along the pavement edge
of all streets. As provide in the Master Plan, the Land Use Board
may, at its discretion, permit roll-type curb along local streets.
G.
Development name. The proposed name of any development shall not
duplicate, or too closely approximate, the name of any other development
in the Township or in close proximity to it, nor shall a proposed
name of a development use as part of its name the name of another
municipality adjoining or within a reasonable distance from the Township
of Maurice River. The Land Use Board shall the final authority to
designate the name of proposed development to assure compliance with
this requirement which shall be determined at the preliminary stage
of development review. This subsection shall not apply to any established
development which is within the Township.
H.
Energy conservation. Whenever and wherever feasible, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered or added onto shall use renewable energy sources, within the limits of practicability and feasibility depending on the proposed use of the structure and its location. Where an applicant can reasonably demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Land Use Board may waive or adjust said standards, including, through variance procedure as set forth in Section 35-13.7, maximum and minimum yard dimensions as shown on the Schedule of Zoning District Regulations. In so doing, the Land Use Board shall determine that the intent and purpose of this chapter and the adopted Master Plan are met, and that adjoining properties and/or their environment will not be adversely affected by the waiver or adjustment.
In the case of new developments, the majority of all structures
in said development shall have their long axis located within thirty
degrees (30°) of true south.
Wherever plantings are proposed or required as provided under
the provisions of this chapter, no plantings of trees, shrubs or any
object shall be permitted which will result in shading or interfering
with solar access to the south wall of any proposed building. When
reviewing proposed landscaping for any proposed development, the Land
Use Board shall not require or permit, where reasonably able to do
so, any planting or object which will substantially interfere with
solar access to adjacent buildings or existing solar energy devices
or structures.
I.
Fire protection.
1.
All dead-end roads shall terminate in a manner which provides safe
and sufficient entry and exit for fire equipment. Additionally, all
driveways providing access to a structure and which are in excess
of fifty (50) feet in length from the abutting road right-of-way to
the residential structure being served by said driveway, shall be
a minimum of fifteen (15) feet in width so as to be sufficient to
accommodate large emergency vehicles and be surfaced with a gravel
base and maintained.
2.
The rights-of-way of all roads shall be maintained so that they provide
an effective fire break.
3.
All proposed developments of twenty-five (25) units or more will
have two (2) access ways to public rights-of-way and said access ways
shall be of such width and surface composition sufficient to accommodate
and support firefighting equipment.
4.
Within fire hazard areas as defined in the Township Master Plan,
a fire hazard fuel break shall be provided around structures proposed
for human use by the selective removal or thinning of trees, bushes,
shrubs and ground cover including the use of prescribed burning as
follows:
5.
All structures shall meet the following specifications:
a.
Roofs and exteriors will be constructed of fire resistant materials
such as asphalt rag felt roofing, tile, slate, asbestos cement shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingles
or shake-type roofs are prohibited in high or extreme fire hazard
areas.
b.
All projections such as balconies, decks, and roof gables shall
be constructed of fire resistant materials or materials treated with
fire retardant chemicals.
c.
Any openings in the roof, attic, and the floor shall be screened.
d.
Chimneys and stovepipes which are designed to serve as devices
to burn solid or liquid fuels shall be equipped with screens over
the outlets.
e.
Flat roofs are prohibited in areas where vegetation is higher
than the roof.
6.
In the case of proposed developments of one hundred (100) units or
more within a high or extreme fire hazard area shall have a two hundred
(200) foot perimeter fuel break between all structures and the forest
in which:
a.
Shrubs, understory trees and brush and ground cover are to be
selectively removed, mowed or pruned on an annual basis; and
b.
All dead plant material is removed.
c.
Roads, right-of-way, wetlands and waste disposal sites shall
be used as fire breaks to the maximum extent practical; and
d.
There is a specific program for maintenance.
7.
Wherever a central water supply system will serve a development,
provision shall be made for fire hydrants along the streets and/or
on the walls of nonresidential structures as approved by the appropriate
fire district or other appropriate fire official, the Township Engineer
and in accordance with Fire Insurance Rating Organization Standards.
J.
Fish and wildlife.
1.
No development shall be carried out in the Township unless it is
designed to avoid irreversible adverse impacts on habitats that are
critical to the survival of any local populations of those threatened
or endangered animal species designated by the Department of Environmental
Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.
2.
All development or other authorized activity shall be carried out
in a manner which avoids disturbance of fish and wildlife habitats
that are essential to the continued nesting, breeding and feeding
of significant populations of fish and wildlife in the Pinelands or
identified critical areas outside the Pinelands area.
K.
Historic resource preservation.
1.
The Land Use Board shall exercise all the powers and perform all
the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations
to the Township Committee for designation of historic resources, in
accordance with N.J.S.A. 40:55D-1 et seq., which are determined to
be significant pursuant to Section 35-11.4K5b below.
2.
The Land Use Board shall issue all certificates of appropriateness.
3.
Certificates of appropriateness shall be required for the following:
a.
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Township
Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
b.
Development not otherwise exempted from review pursuant to Section
35-11.4K5 below.
4.
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6-156(b).
5.
A cultural resource survey shall accompany all applications for development
in a Pinelands Village and all applications for major development
in order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the "Cultural Resource Management Plan", dated April 1991, as
amended. In general, the survey shall include: a statement as to the
presence of any properties listed on the National and State Registers
of Historic Places on the site or within the area of the project's
potential environmental impacts; a thorough search of state, local
and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and vocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys, archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance, adequate recording of the information
gained and methodologies and sources used, and a list of personnel
involved and qualifications of the person(s) performing the survey.
a.
This requirement for a survey may be waived by the Land Use
Board if:
(1)
There is insufficient evidence of significant cultural activity
on the project site or, in the case of archaeological resources, within
the vicinity;
(2)
The evidence of cultural activity on the site lacks the potential
for importance because further recording of the available data will
not contribute to a more comprehensive under-standing of Pinelands
culture; or
(3)
The evidence of cultural activity lacks any potential for significance
pursuant to the standards of Subsection K5b below.
b.
A resource shall be deemed to be significant if it possesses
integrity of location, design, setting, materials, workmanship, feeling,
and association which reflects its significance in American history,
architecture, archaeology or culture under one or more of the following
criteria:
(1)
The presence of structures, sites or areas associated with events
of significance to the cultural, political, economic or social history
of the nation, state, local community or the Pinelands; or
(2)
The presence of structures, sites or areas associated with the
lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community or the Pinelands; or
(3)
The presence of structures that represent the work of a master,
or that possess high artistic values, or that embody the distinctive
characteristics of a type, period or method of construction, or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, state,
local community or the Pinelands, although its components may lack
individual distinction; or
(4)
The presence of a site or area which has yielded or is likely
to yield significant information regarding the history or archaeological
history of the Pinelands.
6.
The standards governing the issuance of certificates of appropriateness
in N.J.A.C. 7:50-6.156(c) shall be followed by the Land Use Board.
7.
The effect of the issuance of a certificate of appropriateness is
as follows:
a.
All subsequent development approvals shall be issued or denied
in a manner consistent with the certificate of appropriateness except
as provided in b directly below.
b.
A certificate of appropriateness issued as a result of the cultural
resource survey requirement set forth in Subsection K5 above shall
be effective for two (2) years. If the resource is not designated
by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by
the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within
that two year period, the historic resource standards of this Section
shall not longer apply to the resources in question until such time
as the Pinelands Commission designates the resource pursuant to N.J.A.C.
77:50-154.
8.
The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity.
a.
A narrative description of the resource and its cultural environment;
b.
Photographic documentation to record the exterior appearance
of buildings, structures, and engineering resources;
c.
A site plan depicting in correct scale the location of all buildings,
structures, and engineering resources; and
d.
A New Jersey State inventory form as published by the New Jersey
Department of Environmental Protection and Energy for buildings and
a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
9.
If archaeological data is discovered on a site at any time after
construction has been commenced, notify the Land Use Board and the
Pinelands Commission and take all reasonable steps to protect the
archaeological data in accordance with the "Guidelines for the Recovery
of Scientific Prehistoric, Historic and Archaeological Data: Procedures
for Notification, Reporting, and Data Recovery" (36 CFR 66).
L.
Homeowners association. A homeowners association may, or in some
cases, shall be required to be established for the purpose of owning
and assuming maintenance responsibilities for the common lands and
property designed within a development provided the Land Use Board
is satisfied that the organization will have a sufficient number of
members to reasonably expect a perpetuation of the organization in
a manner enabling it to meet its obligations and responsibilities
in owning and maintaining any property for the benefit of owners or
residents of the development. If established, the organization shall
incorporate the following provisions:
1.
Membership by all property owners, condominium owners, stockholders
under a cooperative development and other owners of property or interests
in the project shall be mandatory. Required membership and the responsibilities
upon the members shall be in writing between the organization and
each member in the form of a covenant with each agreeing to liability
for his pro rata share of the organization's costs.
2.
The organization shall be responsible for liability insurance, taxes,
maintenance and any other obligations assumed by the organization,
and shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any open space or
property by sale or otherwise, except to an organization conceived
and established to own and maintain the open space or property for
the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space or property
without first offering to dedicate the same to the Township or municipalities
wherein the land is located.
3.
The assessment levied by the organization upon each member may become
a lien on each member's property. The organization shall be allowed
to adjust the assessment to meet changing needs.
4.
The organization shall clearly describe in its bylaws all the rights
and obligations of each tenant and owner, including a copy of the
covenant, model deeds, and articles of incorporation of the organization
and the fact that every tenant and property owner shall have the right
to use all common properties. These shall be set forth as a condition
of approval and shall be submitted prior to the granting of final
approval by the Land Use Board.
5.
The articles of incorporation, covenants, bylaws, model deeds, and
other legal instruments shall insure that control of the organization
shall be transferred to the members based on a percentage of the development's
units sold and/or occupied and shall clearly indicate that in the
event such organization shall fail to maintain the common open space
or common property or lands in reasonable order and condition, the
Township may serve written notice upon such organization or upon the
owners of the development setting forth the manner in which the organization
has failed to maintain the common open space or common property or
lands in reasonable condition, and said notice shall include a demand
that such deficiencies of maintenance be cured within fifteen (15)
days thereof, and shall state the date and place of a hearing thereon
which shall be held within fifteen (15) days of the notice. At such
hearing, the designated Township body or officer, as the case may
be, may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time not to exceed sixty-five
(65) days within which they shall be cured.
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within fifteen (15) days or
any permitted extension thereof, the Township, in order to preserve
the common open space and common property or land and maintain the
same for period of one (1) year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the common open space and common property and land except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said year, the Township shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space and common property or land,
call a public hearing upon fifteen (15) days written notice to such
organization and to the owners of the development, to be held by the
Township at which hearing such organization and the owners of the
development shall show cause why such maintenance by the municipality
shall not, at the election of the Township, continue for a succeeding
year.
If the Township shall determine that such organization is ready
and able to maintain said open space and property or land in reasonable
condition, the Township shall cease to maintain said open space and
property or lands at the end of said year. If the municipality shall
determine such organization is not ready and able to maintain said
open space and property or land in reasonable condition, the Township
may, in its discretion, continue to maintain said open space and property
or land during the next succeeding year, subject to a similar hearing
and determination in each year thereafter. The decision of the Township
in any such case shall constitute a final administrative decision
subject to judicial review.
6.
The cost of such maintenance by the Township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the common open space and property or land in accordance
with assessed values at the time of imposition of the lien, and shall
become a lien and tax on said properties and be added to and be part
of the taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
M.
Lighting. All area lighting shall provide translucent fixtures with
shields around the light source. The light intensity provided at ground
level shall have a minimum of five-tenths foot candle over all parking
and pedestrian walkway areas. Light intensity at residential property
lines shall not exceed one-tenth (0.1) foot candle. For each fixture
and lighted sign, the total quantity of light radiated above a horizontal
plane passing through the light source shall not exceed seven and
one-half percent (7.5%) of the total quantity of light emitted from
the light source. Any other outdoor lighting shall be shown on the
site plan in sufficient detail to allow determination of the effects
at the property line and on nearby streets, driveways, residences
and overhead sky glow. No lighting shall shine directly or reflect
into windows, or onto streets and driveways in such a manner as to
interfere with driver vision. No lighting shall be of a yellow, red,
green or blue beam, nor be of a rotating, pulsating, beam or other
intermittent frequency. The intensity of such light source, light
shielding, the direction and reflection of the lighting and similar
characteristics shall be subject to site plan approval by the Land
Use Board. The objective of these specifications is to minimize undesirable
off-site effects.
N.
Lots.
1.
Lot dimensions and area shall not be less than the requirements of
the Schedule of Zoning District Regulations.
2.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
3.
Each lot must front upon an approved street improved to Township
standards, with a right-of-way of at least fifty (50) feet. In the
case of subdivisions located on existing streets approved to Township
standards which do not have a right-of-way of fifty (50) feet and
are not shown on the adopted Township Master Plan or Official Map
as proposed for future widening, the front yard setback shall be measured
from a line twenty-five (25) feet equidistant to and parallel with
the existing street centerline.
4.
Through lots with frontage on two (2) streets will be permitted only
under the following conditions:
a.
Where the length of the lot between both streets is such that
future division of the lot into two (2) lots is improbable; and
b.
Access shall be to the street with the lower traffic function
and the portion of the lot abutting the other street shall be clearly
labeled on the plat, and in any deed, that street access is strictly
limited to the street with the lower traffic function.
5.
Where extra width has either been dedicated or anticipated for widening
of existing streets, zoning consideration shall begin at such new
street line and all setbacks shall be measured from such line.
6.
Whenever land has been dedicated or conveyed to the Township by the
owner of a lot in order to meet the minimum street width requirements
or to implement the official map or master plan, and which lot existed
at the effective date of this chapter, the zoning officer or construction
official shall not withhold a building and/or occupancy permit when
the lot depth and/or area was rendered substandard due to such dedication
and where the owner has no adjacent lands to meet the minimum requirements.
7.
Subdivision of lots within the PPHB Pinelands Planned Highway Business
District, shall include a subdivision plan for the entire tract and
be conditioned on a finding that the subdivision plan for said tract
of land within the said PPHB Pinelands Planned Highway Business District
is ultimately utilized in such a way as to prevent: (a) Strip development
of the adjoining arterial or collector roadway, or (b) the wasting
of the original tract of land from becoming not capable of development
based on natural conditions of the site and/or the density requirements
of the Pinelands Management Plan. To this intent, all uses and development
in any planned center shall be clustered in one area of less than
fifteen percent (15%) of the site.
In reviewing any proposal to subdivide a lot within said PPHB
Pinelands Planned Highway Business District, the Land Use Board shall
determine that sufficient land is reserved for future, limited access
and that future development is capable of being achieved as a commercial
node or cluster with shared parking, access and other related amenities.
In order to assure such development, the Land Use Board may require
access from a new roadway, reverse frontage, or both.
Subdivision approval shall be conditioned on use of a new local
service road(s) or shared driveway(s) to serve the new lots. Additionally,
required shared use of services and amenities such as parking, sign
locations, utilities and a harmony of design through lot layout, landscaping
and buffering shall be required for all lots to be created from the
original lot. Effectuation of these requirements shall be required
through deed restrictions on the deeds of lots so created by said
subdivision as well as any reserved parcel.
8.
For proper development of the land within the Township, all new lots
shall have an average length no greater than two hundred fifty percent
(250%) of the average lot width, except where the width exceeds three
times the zoning requirement.
9.
No new lot shall adversely affect the development of the remainder
of the parcel being subdivided or the adjoining properties. In addition,
no new lot shall conflict with the provisions of the adopted Master
Plan, Official Map or this chapter.
O.
Manholes, inlets and catch basins. Whenever manholes, inlets or catch
basins are proposed and/or required to be constructed they shall be
constructed according to the "New Jersey Department of Transportation
Standards for Road and Bridge Construction," most recent edition,
and the New Jersey Department of Transportation Standard Detail Drawings
for size and type of structure(s) proposed.
P.
Monuments. Monuments shall be the size and shape required by N.J.S.A.
46:23-9.12 of the Map Filing Law, as amended and shall be placed in
accordance with said statute and indicated on the final plat. All
lot corners shall be marked with a metal alloy pin of permanent character.
Q.
Off-site and off-tract improvements. As a condition of preliminary
approval and prior to any construction or filing of an application
for final approval of a subdivision or site plan, the applicant shall
have made cash payments or, with the consent of the Township Committee,
installed, in the manner provided below, with respect to the immediate
or ultimate installation of any required off-site and/or off-tract
improvements:
1.
Allocation of costs; criteria in determining allocation. The allocation
of costs for off-site and/or off-tract improvements, as between the
applicant, other property owners, and the Township or any one or more
of the foregoing, shall be determined by the Land Use Board, with
the assistance of the appropriate Township agencies, on the basis
of the total cost of the off-tract improvements, the increase in market
values of the property affected and any other benefits conferred and
the needs created by the application, population and land use projections
for the general area of the applicant's property and other areas to
be served by the off-site or off-tract improvement, the estimated
time of construction of the off-site or off-tract improvements and
the condition and periods of usefulness, which periods may be based
upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-site
and/or off-tract improvements shall be consistent with N.J.S.A. 40:55D-42.
In addition, the following criteria may also be considered, as well
as any other reasonable criterion the Land Use Board deems is necessary
to protect the health, safety and general welfare of the Township:
a.
Streets, curbs, sidewalks, shade trees, street lights, street
signs and traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Land Use Board may consider traffic counts,
existing and projected traffic patterns, quality of roads and sidewalks
in the area and other factors related to the need created by the application
and the anticipated benefits thereto.
b.
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by a particular land use, considering:
(1)
The percentage relationship between the acreage of the application
and the acreage of the total drainage basin.
(2)
The use of a particular site and the amount of area to be covered
by impervious surfaces on the site itself.
(3)
The use, condition and status of the remaining area in the drainage
basin.
c.
Water supply and distribution facilities may be also based upon
the added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting there from.
d.
Sewerage facilities may be based upon the proportion that the
total anticipated volume of sewage effluent of the applicant's property
and other properties connected to the new facility bears to the existing
capacity of existing sewerage facilities, including but not limited
to, lines and other appurtenances leading to and servicing the applicant's
property. Consideration may also be given to the types of effluent
and particular problems requiring special equipment and added costs
for treatment. In the event that the applicant's property shall be
permitted to be connected to existing sewer facilities, the applicant
shall pay a charge or be assessed in accordance with law.
2.
Determination of cost of improvements. The costs of installation
of required off-site and/or off-tract improvements shall be determined
by the Land Use Board with the advice of the Township Committee and/or
Township Engineer and appropriate Township or other agencies involved.
3.
Manner of construction. When those estimates are received, the Township
Committee shall then decide whether the off-site or off-tract improvement
is to be constructed by:
4.
Amount of contribution. When the manner of construction has been
determined, the applicant may be required to provide a cash deposit
to the Township of one (1) of the following amounts:
a.
If the improvement is to be constructed by the Township as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-site
or off-tract improvement.
b.
If the improvement is to be constructed by the Township as a
local improvement, then, in addition to the amount referred to in
Subsection 35-11.4Q4a above, the estimated amount by which the subject
property will be specifically benefited by the off-tract improvement.
c.
If the improvement is to be constructed by the applicant, an
amount equal to the estimated cost of the off-site or off-tract improvement,
less an offset for benefits to properties other than the subject property.
5.
Payment of allocated costs.
a.
The estimated costs of the off-site or off-tract improvement
allocated to the applicant, if deposited in cash, shall be paid by
the applicant to the Township Chief Financial Officer, who shall provide
a suitable depository therefore, and such funds shall be used only
for the off-site or off-tract improvement for which they are deposited
or improvements serving the same purpose, unless such improvements
are not initiated by the Township within a period of ten (10) years
from the date of payment, after which time said funds so deposited
shall be returned, together with accumulated interest or other income
thereon, if any.
b.
In the event that the payment by the applicant to the Township
Chief Financial Officer provide for herein is less than its share
of the actual cost of the off-site or off-tract improvement, then
it shall be required to pay its appropriate share of the cost thereof.
c.
In the event that the payment by the applicant to the Township
Chief Financial Officer provide for above is more than its appropriate
share of the actual cost of installation of the off-site or off-tract
improvement, it or its successor or assigns shall be repaid an amount
equal to the difference between the deposit and its share of the actual
cost.
d.
If the applicant shall deem that any of the amounts so estimated
by the Land Use Board are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings brought to compel
subdivision or site plan approval.
e.
If the applicant and the Land Board cannot agree with respect
to the applicant's appropriate share of the actual cost of the off-site
or off-tract improvement or the determination made by the officer
or board charged with the duty of making assessments as to special
benefits, if the off-site or off-tract improvement is to be constructed
as a local improvement, no approval shall be granted; provided, however,
that the applicant may challenge each determination and seek to have
it revised in appropriate judicial proceedings in order to compel
subdivision or site plan approval.
6.
Assessment of properties. Upon receipt from the applicant of its
allocated share of the costs of the off-site or off-tract improvements,
the Township may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-site or off-tract
improvements based upon the actual cost thereof. Any portion of the
cost of the improvements not defrayed by a deposit by the applicant
may be assessed against benefiting property owners by the Township.
Any assessments for benefits conferred made against the applicant
or its successors in interest shall be first offset by a pro rata
share credit or the allocated costs previously deposited with the
Township Chief Financial Officer pertaining thereto. The applicant
or its successors in interest shall not be liable for any part of
an assessment for such improvements unless the assessment exceeds
the pro rata share credit for the deposit, and then only to the extent
of the deficiency.
7.
Credit for worked performed. In the event that the applicant, with
the Township's consent, decides to install and construct the off-site
or off-tract improvement or any portion thereof, the certified cost
shall be treated as a credit against any future assessment for that
particular off-site or off-tract improvement or portion thereof constructed
by the Township in the same manner as if the developer had deposited
its apportioned cost with the Township Chief Financial Officer, as
provided herein.
8.
Installation of improvements by applicant.
a.
At the discretion and option of the Township and with the consent
of the applicant, the Township may enter into a contract with the
applicant providing for the installation and construction of off-site
or off-tract improvements by the applicant upon contribution by the
Township of the remaining unallocated portion of the cost of the off-site
or off-tract improvement. Whenever the Township shall enter into such
an agreement with an applicant, said applicant shall provide proof
of compliance with all laws and/or regulations which would be binding
on the Township if it were to be undertaking said development, such
as but not limited to, the Public Contracts Law, payment of prevailing
wage, the Equal Opportunities Employment Act, Americans with Disabilities
Act, and any other requirement being in effect at time of construction.
b.
In the event that the Township so elects to contribute to the
cost and expense of installation of the off-site or off-tract improvements
by the applicant, the portion contributed by the Township shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
9.
Compliance to design criteria. Should the applicant and the Township
enter into a contract for the construction and erection of the off-site
or off-tract improvements to be done by the applicant, said contract
shall observe all requirements and principals of this chapter in the
design of such improvements.
R.
Off-street parking and loading standards. The following shall apply to all off-street loading and parking facilities required by Sections 35-8.7 and 35-8.8 of this chapter:
1.
There shall be appropriate means of access to a street or alley,
as well as sufficient area to permit on-site maneuvering and docking.
2.
The minimum dimensions of stalls and aisles in parking facilities
shall be as follows:
a.
The area dimension for a parking space is typically two hundred
(200) square feet in a ten by twenty foot (10 x 20) shape. For compact
vehicles, this size can be reduced to nine by eighteen feet (9 x 18)
if permitted by the Land Use Board.
b.
Parking space depth shall be at least eighteen (18) feet, with
said dimensions measured on the angle for all angle parking. Parallel
parking spaces shall be a minimum of twenty-two (22) feet in length.
c.
Minimum width of aisles providing access to parking spaces for
one-way traffic only, varying with the angle of parking, shall be:
Angle of Parking
(degrees)
|
Minimum Aisle Width
(feet)
|
---|---|
Parallel
|
12
|
30
|
12
|
45
|
14
|
60
|
18
|
90
|
24
|
d.
Minimum width of aisles providing access to stalls for two-way
traffic shall be twenty-five (25) feet.
3.
Parking areas shall be designed to permit each motor vehicle to proceed
to and from the parking space provided for it without requiring the
moving of any other vehicle. In addition, parking spaces within any
parking areas shall be designed to provide physical barriers to prevent
vehicles parked therein to touch an adjoining building, structure
or planted area or to overhang or protrude into planted areas or pedestrian
walkways.
5.
The maximum width of driveways and sidewalk openings measured at
the street lot line shall be thirty-five (35) feet, and the minimum
width shall be twenty (20) feet for loading facilities.
6.
For the purpose of servicing any property held under single and separate
ownership, entrance and exit drives crossing the street line shall
be limited to two (2) along the frontage of any single street, and
their center lines shall be spaced at least eighty (80) feet apart
in the case of loading facilities and thirty (30) feet apart for parking
areas. On all corner properties, there shall be spaced a minimum of
sixty (60) feet, measured at the curb line, between the centerline
of any entrance or exit drive and the street line of the street parallel
to said access drive.
7.
All loading spaces and access drives shall be at least five (5) feet
from any side or rear lot line.
8.
All artificial lighting used to illuminate any loading space or spaces
shall be so arranged that no direct rays from such lighting shall
fall upon any neighboring properties.
9.
The arrangement of off-street loading spaces shall be such that no
vehicle would have occasion to back out into the street.
10.
Off-street loading spaces shall be designed and used in such
a manner as to at no time constitute a nuisance or hazard or unreasonable
impediment to traffic.
11.
The screening requirements of Section 35-11.4D shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial zoning districts, and in the case of off-street parking areas of greater than ten (10) spaces, form all lots in an abutting residential zoning district, including side lots located across a street.
S.
Planned developments. Any project proposed as a planned development
shall follow the appropriate zoning criteria of this chapter and the
applicable subdivision and/or site plan review criteria contained
herein. Prior to approval of any planned development, the Land Use
Board shall find the following facts and conclusions:
1.
All planned development shall be designed to the specific planned
development provisions of this chapter. The planned development provisions
shall supersede any conflicting portions of this chapter to the extent
of such inconsistencies.
2.
Proposal for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the "Homeowners association" provisions of Section 35-11.4L of this chapter. Also, the amount, location, and purpose of common open space shall be adequate for the use intended.
3.
The physical design of the proposed development for public services,
control of vehicular and pedestrian traffic, and the amenities of
light and air, recreation and visual enjoyment shall be adequate to
comply with appropriate portions of the Master Plan, this chapter
and reasonable planning design criteria.
4.
The proposed planned development will not have an unreasonably adverse
impact upon the area in which it is proposed to be established.
5.
In the case of a proposed planned 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 planned development in the total completion
of the project shall be found adequate and clearly defined and protected.
T.
Recreational facilities. All recreational areas and facilities shall
be designed in accordance with the New Jersey Department of Environmental
Protection and Energy publication entitled: Administrative Guidelines:
Barrier Free Design Standards for Parks and Recreational Facilities.
In reviewing proposed recreational improvements and facilities in
connection with the provisions of this chapter, the Land Use Board
shall be guided by the standards contained in N.J.A.C. 7:50-6.143(a)
2 and 6.144(a)1-3.
Any residential development involving twenty (20) or more residential
lots, excluding planned developments, apartments and townhouse projects
or other residential developments wherein open space and recreational
area provision is required by this chapter, shall be required to provide
one thousand five hundred (1,500) square feet per lot within said
development, but in no case less than one (1) acre of open space and
recreational area for the use and enjoyment of the residents of said
development.
Whenever recreational area or facilities are proposed or required
under the provisions of this chapter, they shall conform to the following
standards where applicable:
1.
Said recreational area shall not be utilized for street rights-of-way,
driveways, parking areas, utility stations, required buffer strips
or other non-recreational or open spaces uses.
2.
Not more than fifty percent (50%) of the total space saved shall
be located in one (1) or more of the following: a floodplain, wetlands,
areas with a slope greater than ten percent (10%), watercourses, bodies
of water or other areas deemed unsuitable for recreational purposes
due to environmental or conservation reasons made evident by the Land
Use Board's review of the environmental impact of the proposed development,
including any environmental impact statement which might be required
by this chapter.
3.
When the recreational and open space to be set aside as provided
herein exceeds three (3) acres, at least fifty percent (50%) of the
total open space shall be developed by the applicant for active recreational
activities, facilities and uses which shall be found suitable to the
residents of the proposed development. Activities, facilities or uses
deemed appropriate and acceptable include, but are not limited to,
swimming pools, tennis, basketball and volleyball courts, ball fields,
tot-lots, golf courses, bicycle paths, trails and similar active recreational
pursuits. The remaining portion of the required open space may, with
Land Use Board approval and if warranted by the environmental impact
review, be permanently devoted to one (1) or more of the following
open space or land uses: parks, landscaped areas or gardens (including
residents' garden plots), woodland conservation areas, game preserves,
stream preservation areas, wetlands, watershed protection or floodplain
areas or similar conservation areas which permit only passive recreational
activities.
4.
All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Land Use Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to sad parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Land Use Board shall find that such recreational or open space areas conform to the provisions of Section 35-9.2E and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections of this chapter.
U.
Sanitary sewers. Sanitary sewer facilities shall be provided and
installed in accordance with N.J.A.C. 5:21 for sewerage treatment
facilities and according to N.J.A.C. 9:9a for individual subsurface
disposal systems. Sewerage systems shall only be permitted in areas
indicated for sewer service in the State of New Jersey Statewide Water
Quality Management Plan (WQM) and where permitted by the N.J.D.E.P.
through sewer connection approval. Sanitary sewer pumping systems
shall be designed in accordance with N.J.A.C. 7:14.
All sanitary sewer systems plans and specifications shall be
submitted to the Township Engineer prior to N.J.D.E.P. permit application
submission.
V.
Scenic.
1.
Except for those roads which provide for internal circulation within
residentially developed areas, all public paved roads in the Pinelands
Area, excluding Pinelands Villages, shall be considered scenic corridors.
In addition, those rivers designated in N.J.A.C. 7:50-6.105 shall
be considered special scenic corridors.
2.
Special requirements for scenic corridors:
a.
Except as otherwise provided in this Subsection, no permit shall
be issued for development on a scenic corridor other than for agricultural
products sales establishments unless the applicant demonstrates that
all buildings are set back at least two hundred (200) feet from the
centerline of the corridor.
b.
If compliance with the two hundred (200) foot setback is strained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to two hundred (200) feet as practical and the site shall be landscaped in accordance with the provisions of Article 35-10 of this chapter so as to provide screening form the corridor.
c.
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than two hundred (200) feet within one thousand (1,000) feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, providing that the site is landscaped in accordance with the provisions of Article 35-10 so as to provide screening between the building and the corridor.
d.
All structures within one thousand (1,000) feet of the centerline
of a special scenic corridor shall be designed to avoid visual impacts
as viewed from the corridor.
e.
The requirements of Subsection V2a through c above shall not
apply to residential cluster developments in the PR, PC, PRDA-R and
PRDA-C Districts which comply with the standards of 35-9.24.
W.
Stormwater management. All stormwater management systems shall be
designed and constructed in accordance with the standards for stormwater
management as contained in the New Jersey Residential Site Improvement
Standards, Subchapter 7 thereof (N.J.A.C. 5:21-7), as amended.
X.
Structure and building design and siting. In reviewing site plans
for freestanding buildings and structures, and depending on individual
site characteristics, consideration shall be given to positioning
that provides a desirable visual composition, avoids blocking natural
vistas, provides a desirable space enclosure, does not unnecessarily
alter existing topography and vegetation and otherwise respects established
natural conditions and surrounding buildings and structures.
Consideration shall also be given to building materials, use
of color and/or texture, massing, fenestration and advertising features
as they relate to site conditions and harmonize with similar elements
in surrounding buildings and structures.
Y.
Traffic and circulation.
1.
Access - Where a driveway serves right-turning traffic from a parking
area providing two hundred (200) or more parking spaces and/or the
abutting road has a peak hour traffic volume exceeding one thousand
(1,000) vehicles per hour, an acceleration lane shall be provided
in accordance with A Policy of Geometric Design of Rural Highways,
published by the American Association of State Highway Officials.
Where a driveway serves an entrance to a development providing
fifty (50) or more parking spaces, a deceleration lane shall be provided
for traffic turning right into the driveway form any collector or
arterial road. The deceleration lane is to be at least two hundred
(200) feet long and at least thirteen (13) feet wide, measured from
the abutting road curb line. A minimum forty (40) foot curb return
radius will be used from the deceleration lane into the driveway.
Any driveways providing access from a public street or way to
any permitted use or structure shall comply with the following regulation.
a.
Driveways shall enter the street or road right-of-way at an
angle between seventy-five degrees (75°) and one hundred five
degrees (105°).
b.
The portion of the roadway lying between the right-of-way line
of the street and the driveway shall be surfaced as a driveway extension.
c.
Any curb opening shall be properly reconstructed to the satisfaction
of the Township Engineer. Where curbing does not exist and conditions
warrant, an adequate drain pipe shall be installed as determined by
the Township Engineer.
d.
Driveway grades shall not exceed eight percent (8%) by a distance
of forty (40) feet from any street or road right-of-way, unless otherwise
approved by the Township Engineer.
e.
Driveway widths at the street right-of-way lines shall be a
minimum of ten (10) feet and maximum of twenty (20) feet in connection
with single-family residential uses. All other uses shall conform
to the driveway regulations contained herein or as required by the
Township Engineer.
f.
The number of driveways provided from a site directly to any
road shall be as follows:
Use
|
Length of Site Frontage
(feet)
|
No. of Driveways
|
---|---|---|
Residential
|
200 or less
|
1
|
Commercial
|
200 or less
|
1
|
Commercial on arterial or collector road
|
200 to 500
|
2
|
All uses
|
Over 800
|
To be determined by Land Use Board upon receipt of advice from
the Township Engineer
|
g.
All entrance and exit driveways to a road shall be located to
afford maximum safety to traffic on the road.
h.
Any exit driveway or driveway lane shall be so designed in profile
and grading and shall be so located as to permit the following maximum
sight distance measured in each direction along any abutting road;
the measurement shall be from the driver's seat of a vehicle standing
on that portion of the exit driveway that is immediately outside the
edge of the road traveled or shoulder:
Allowable Speed on Road
(mph)
|
Required Sight Distance
(feet)
|
---|---|
25
|
150
|
30
|
200
|
35
|
250
|
40
|
300
|
45
|
350
|
50
|
400
|
i.
Wherever a site occupies a corner of two (2) intersecting roads,
no driveway entrance or exit may be located within a minimum of thirty
(30) feet of tangent of the existing or proposed curb radius of that
site.
j.
No entrance or exit driveway shall be located on the following
portions of any collector or arterial road: on a traffic circle, on
a ramp of an interchange, within thirty (30) feet of the beginning
of any ramp or other portion of an interchange, nor on any portion
of such road, where the grade has been changed to incorporate an interchange.
k.
Where two (2) or more driveways connect a single site to any
one (1) road, a minimum clear distance of one hundred (100) feet measured
along the right-of-way line shall separate the closest edges of any
two (2) such driveways.
l.
Driveways used for two-way operation shall intersect any collector
or arterial road at an angle as near ninety degrees (90°).
m.
Driveways use by vehicles in one (1) direction of travel (right
turn only) shall not form an angle smaller than sixty degrees (60°)
with a collector or arterial road unless acceleration and deceleration
lanes are provided.
n.
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveways
are indicated in the following table. Driveways serving large volumes
of daily traffic or traffic over twenty-five percent (25%) of which
is truck traffic shall be required to utilize high to moderate dimensions.
Driveways serving low volumes of daily traffic or traffic with less
than twenty-five percent (25%) truck traffic shall be permitted to
use low to minimum dimensions.
Table — Driveway Dimensions
| ||||
---|---|---|---|---|
Development
|
One-Way Operation
|
Two-Way Operation
| ||
Curbline Opening
(feet)
|
Driveway Width
(feet)
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
5 to 10 family residence
|
12 — 15
|
10 — 13
|
12 — 30
|
10 — 26
|
10 family or more
|
12 — 30
|
10 — 26
|
24 — 36
|
24 — 46
|
Commercial and industry
|
24 — 50
|
24 — 34
|
24 — 50
|
24 — 46
|
Service station
|
15 — 36
|
12 — 34
|
24 — 36
|
20 - 34
|
o.
The surface of any driveway subject to Township site plan approval
shall be constructed with a permanent pavement of a type specified
by standards set by the Township Engineer. Such pavement shall extend
to the paved traveled way or paved shoulder of the road; required
driveway dimensions are specified in Section 35-11.4Y1n above.
p.
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage. Any driveway profiles and
grades shall be submitted to and approved by the Township Engineer.
Should a sidewalk be so located with respect to the curb at
a depressed- curb driveway that it is likely to cause undercarriage
drag; the sidewalk should be appropriately lowered to provide a suitable
ramp gradient.
q.
In the case where a home is to be set back fifty (50) feet or
more from a public street or road, the driveway to said residential
dwelling shall be constructed a minimum of fifteen (15) feet in width
for single passage of a large emergency vehicle and have a suitable
gravel base.
2.
Bikeways - Bikeways shall be required when the Land Use Board finds
provision of said bikeway(s) would be needed and utilized based upon
probable volume of bicycle traffic, the development's location in
relation to other populated areas, or its location with respect to
any overall bike route or trail adopted or established by the Land
Use Board or other applicable agency.
Bikeways shall generally not exceed a grade of three percent
(3%), except for short distances, and they should be a minimum of
five (5) feet wide for one-way and eight (8) feet wide for two-way
travel. Bikeways shall be designed and constructed in accordance with
the specifications and standards of the Township Engineer.
3.
Customer service areas - Any site plan for a development that provides
for temporary stopping space on-site for vehicles of customers or
patrons seeking service at a roadside business or business catering
to drive-in service where the customer does not leave his vehicle,
such a farm roadside stand, gasoline service station, drive-in bank,
restaurant providing take-out food service or similar use, shall ensure
that the stopping or maneuvering space is at least ten (10) feet removed
from the right-of-way of the adjoining road or street(s). In addition,
sufficient waiting or standing area for vehicles approaching the drive-in
window or service area shall be provided on-site to prevent the stacking
of vehicles onto the road or shoulder area within the public right-of-way.
Maneuvering space or area on-site shall be sufficient to that
no vehicle must back into the street or shoulder area thereof. Any
lane used exclusively for a drive-in window(s) or service area(s)
shall be separate from and in addition to driveway area sufficient
to permit other on-site traffic to maneuver around the site without
being blocked by the customer service area standing traffic.
4.
Sidewalks - Sidewalks shall be required along all streets and in
particular within designated village area zoning districts or Pinelands
Villages for major commercial, residential and industrial developments.
It is the intent of this chapter that the village concept of planning,
which encourages safe pedestrian traffic, be enforced for the improvement
of the Township villages' safety and character. In reviewing a request
for a waiver of this requirement, the Land Use Board shall be guided
by the probable volume of pedestrian traffic, the street classification
in instances where streets are involved, school bus stops, the development's
location in relation to other populated areas or pedestrian traffic
generators, and the general type of improvement intended. The Land
Use Board shall further only grant waivers which are in accordance
with the provisions, goals and objectives of the adopted Township
Master Plan.
When required and unless reduced or altered in size or location
by the Land Use Board, all sidewalks shall conform to the following
standards:
a.
Sidewalks shall be at least four (4) feet wide and located as
approved by the Land Use Board. Sidewalks shall be at least four (4)
inches thick, except at the point of vehicular crossing where they
shall be at least six (6) inches thick, of Class C concrete, having
twenty-eight (28) day compression strength of four thousand (4,000)
psi and shall be air-entrained.
b.
Finished sidewalks shall be true to specified lines, grades
and curvatures. Completed work shall be adequately protected from
traffic and the elements.
Where deemed appropriate by the Land Use Board, based on projected
pedestrian traffic, site conditions and the character of the area,
i.e., especially in village zoned or designated areas, the Land Use
Board may permit the installation of pedestrian walkways instead of
full concrete sidewalks as required above. Such walkways may be constructed
of stone, mulch or chips designed and installed to provide a safe,
usable means of pedestrians to walk to or from parking areas or along
roadways in village settings. Whenever a waiver is requested from
the requirement of sidewalk installation, the Land Use Board shall
first consider requiring a pedestrian walkway, before granting a waiver
for no means of pedestrian accommodation and access.
5.
Sight triangles - Sight triangles shall be required at each quadrant
of an intersection of streets, and streets and other residential driveways.
The area within sight triangles shall be either dedicated as part
of the street right-of-way or maintained as part of the lot adjoining
the street and set aside on any subdivision or site plan as a sight
triangle easement. Within a sight triangle, no grading, planting or
structure shall be erected or maintained more than thirty (30) inches
above the street centerline or lower than eight (8) feet above the
street centerline except for street name signs and official traffic
regulation signs. Where any street or driveway intersection involves
earth banks or vegetation, including trees, the developer shall trim
such vegetation and trees as well as establish proper excavation and
grading to provide clear sight lines within the sight triangle. All
vegetation within a sight triangle shall be the maintenance responsibility
of the property owner and not the Township and shall be noted in any
easement to the Township, if applicable.
The sight triangle is that area bounded by the intersecting
street lines and a straight line which connects "sight" points located
on each of the two (2) intersecting street lines the following distances
away from the intersection street lines: Such sight triangle areas
at all such intersections shall be as established or defined in accordance
with the provisions of the A Policy of Geometric Design of Highways,
published by the American Association of State Highway and Transportation
Officials, latest version.
Any proposed development requiring subdivision or site plan
approval shall provide sight triangle easements at each street intersection
and driveways, other than residential as classified in the below paragraph
for purposes of establishing distances. In cases where a residential
driveway intersects a street, as part of a minor subdivision and/or
variance approval, shall be exempt from this paragraph. In the case
of a site plan where actual location of driveways may not yet be established
at the time of site plan approval, the Deed of Easement for the lot(s)
involved in the said site plan shall contain the requirement for the
establishment and maintenance of the sight triangle at the driveway
intersection as required by this paragraph.
Sight triangle easements on County roads and/or affecting County
roads (in the case of County road intersecting with a local street)
shall be submitted to the County of Cumberland for approval and acceptance.
Sight triangle easements shall be required for any subdivision
or site plan approval and such easement dedication shall be expressed
on the plat or plan as follows: "Sight Triangle Easement dedicated
for purposes provided for and expressed in the Land Development Regulations
of the Township of Maurice River." In the case of minor subdivision
approval and final recording by Deed and/or site plan approval, a
separate Deed of Easement for Site Triangle shall be prepared by the
applicant. All municipal sight triangle easements dedications shall
be in a form acceptable to the Planning/Zoning Board solicitor and
final form shall be subject to final approval of said subdivision
and/or site plan. All final form of sight triangle easements shall
be recorded in the office of the County Clerk prior to the Chairman
of the Land Use Board affixing his/her signatures to the applicable
plan.
The classification of existing and proposed streets shall be
those as defined in the adopted Master Plan or as designated by the
Land Use Board at the time of the application for approval for a new
street, not included in the Master Plan. Portions of a lot set aside
for the sight triangle may be calculated in determining the lot area
and may be included in establishing the minimum setbacks required
by the Schedule of District Regulations.
6.
Streets.
a.
All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. Streets shall be designed in accordance with A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition, and the Asphalt Handbook for County and Municipal Engineers, New Jersey Society of Municipal Engineers (NJMSE), latest edition. Street design shall be based on their functional classification according to the United States Department of Transportation Federal Highway Administration's functional classification of highways. A standard local street shall have a cartway width of forty (40) feet consisting of two 12-foot travel lanes and two 8-foot parking lanes. Depending on the nature of the neighborhood and intensity of use, curbs, sidewalks and utility areas may be required. Residential developments shall be governed by the N.J. Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21.
b.
When a development adjoins land capable of being developed or
subdivided further, suitable provision shall be made for optimum access
from the adjoining tract to existing or proposed streets.
c.
Local streets shall be designed to discourage through traffic.
d.
To conserve energy and permit the greatest potential for buildings
to a have a southern exposure, all new streets shall have an east/west
orientation whenever possible considering topographic features and
existing land use patterns.
e.
In all residential districts, development bounded by an arterial
or collector street shall control access to said streets by having
all driveways intersect minor streets. Where the size, shape, location,
or some other unique circumstances may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector road and butting
lots may be required to use abutting driveways with one curb cut.
All lots requiring reverse frontage shall have an additional twenty-five
(25) feet of depth to allow for the establishment of the buffers outlined
below unless such buffers are established in a reserve strip controlled
by the Township, County or State.
That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than the twenty-five (25) feet as a buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the abutting roadway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the roadway. Berms shall not be less than five (5) feet in height; they shall be planted with evergreens and deciduous according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than two and one-half (2 1/2) inches measured three (3) feet above ground level and be of an approved species as set forth in Subsection AA herein. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.
f.
In all developments the minimum street right-of-way shall be
measured from lot line to lot line and shall be in accordance with
the following schedule, but in no case shall a new street that is
a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedules. Where any arterial or
collector street intersects another arterial or collector street,
the right-of-way and cartway requirements shall be increased by ten
(10) feet on the right side of the street(s) approaching the intersection
for a distance of three hundred (300) feet from the intersection of
the center lines.
Street Classification
|
R.O.W.
Width
|
Traffic Lanes
|
Width Between Curbs
|
Total Utility and Right-of-way Outside the Curbs*
|
---|---|---|---|---|
Arterial or Major Collector
|
66 feet
|
2 @ 12 feet
|
40 feet
|
26 feet
|
Minor Collector
|
66 feet
|
2 @ 12 feet
|
40 feet
|
26 feet
|
Local Street
|
50 feet
|
2 @ 12 feet
|
40 feet
|
10 feet
|
*Note: Shall be a minimum of four (4) inches deep topsoil stabilized,
fertilized and seeded with grass.
|
g.
No development showing reserve strips controlling access to
streets or another are, either developed or undeveloped, shall be
approved except where the control and disposal of land comprising
such strips has been given to the Township Committee under conditions
imposed by the Land Use Board.
h.
In the event that a development adjoins or includes existing
Township streets that do not conform to widths as shown on wither
the Master Plan or Official Map or the street width requirements of
this chapter, additional land along both sides of said street sufficient
to conform to the right-of-way requirements shall be anticipated in
the subdivision design by creating over-sized lots to accommodate
the widening at some future date. The additional widening maybe offered
to the Township for the location, installation, repair and maintenance
of streets, drainage facilities, utilities and other facilities customarily
located on street right-of-way and shall be expressed on the plat
as follows: "Street right-of-way easement granted to the Township
of Maurice River permitting the Township to enter upon these lands
for the purpose provided for and expressed in the Land Development
Regulations Ordinance of the Township of Maurice River." This statement
on an approved plat shall in no way reduce the subdivider's responsibility
to provide, install, repair or maintain any facilities installed in
this area dedicated by ordinance or as shown on the plat or as provided
for by any maintenance or performance guaranty. If a subdivision is
along one (1) side only, one-half (1/2) of the required extra width
shall be anticipated.
i.
The actual design and construction of all streets or roads within
the Township shall be subject to review and approval of the Township
Engineer in accordance with the provisions of this chapter, any adopted
Master Plan or Official Map and any other applicable ordinances of
Maurice River Township or acceptable engineering standards.
j.
Where dead-end streets or culs-de-sac are utilized, they shall
conform to the following standards:
(1)
Dead-end streets of a permanent nature (where provisions for
the future extension of the street to boundary of the adjoining property
is impractical or impossible) or of a temporary nature (where provision
is made for the future extension of the street to the boundary line
of adjoining property) shall provide a turnaround at the end with
a right-of-way radius of not less than fifty (50) feet and a cartway
radius of not less than forty (40) feet. The center point for the
radius shall be on the centerline of the associated street or, if
offset, to a point where the cartway radius also becomes a tangent
to one (1) of the curb lines of the associated street. In all cases,
the radius shall sufficient to permit the maneuvering and turning
of emergency vehicles including fire trucks.
The maximum radius of a cul-de-sac shall be fifty (50) feet
in zoning districts with a minimum lot width of one hundred fifty
(150) feet or more and sixty (60) feet in zoning districts with a
lot width requirement of less than one hundred fifty (150) feet. The
right of-way radius of the turnaround shall be sixty (60) feet and
seventy (70) feet for these respective zoning districts. No cul-de-sac
turnaround shall exceed a radius of seventy (70) feet except if an
adequate landscaped circle is provided in which two-way traffic is
maintained.
(2)
If a dead-end street is of temporary nature, provisions shall
be made for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties as off-tract responsibility
of the developer creating the street extension when the street is
extended.
(3)
A dead-end street or cul-de-sac shall provide access to a minimum
of six (6) lots and a maximum of fourteen (14) lots. No cul-de-sac
shall exceed seven hundred fifty (750) feet in length measured from
the intersecting street right-of-way to the end of the turnaround
right-of-way.
k.
No street shall have a name which will duplicate or so nearly
duplicate in spelling or phonetic sound the names of existing streets
so as to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the Land Use Board.
l.
Streets for residential developments not having preliminary
approval on, or submitted for approval after June 3, 1997, shall conform
to the requirements of N.J.S.A. 40:55D-40.1 through 40.5 with respect
to residential site improvement standards. All other streets shall
be constructed in accordance with the following standards and specifications:
(1)
Arterial roads and streets 6 inches gravel base course 4 inches
bituminous stabilized base 2 inches FABC-1 surface course
(2)
Collector streets 6 inches gravel base course 4 inches bituminous
stabilized base 2 inches FABC-1 surface course
(3)
Local street 8 inches gravel base course 2 inches FABC-1 surface
course
Where sub-base conditions are wet, springy or of such nature
that surfacing would be inadvisable without first treating the sub-base,
these areas shall be excavated to a depth of at least six (6) to twelve
(12) inches below the proposed subgrade and filled with a suitable
sub-base material as determined by the Township Engineer. Where required
by the Engineer, a system of porous concrete pipe, sub-surface drains
shall be constructed beneath the surface of the paving and connected
to a suitable drain. After the sub-base material has been properly
placed and compacted, the parking area surfacing material shall be
applied.
m.
In the case of local streets within a development where the
Township Committee determines that the length of the street and the
nature of adjacent uses warrant such reduction in the width of the
paved surface, the width required in Subsection 35-11.4Y6f may be
reduced, but in no case shall the paved width of a local street be
less than twenty-six (26) feet.
n.
Street signs shall be installed by the developer in a manner
and of a material to be approved by the as recommended by the Township
Engineer. All such signs shall be installed free of visual obstruction.
o.
The developer of any subdivision or development shall provide
for the installation of the underground service for and all poles
and fixtures for street lighting. Street lighting shall be provided
in accordance with the recommendations of the Township Engineer and
as required by the Land Use Board. Adequate lighting shall be provided
at all intersections and elsewhere as deemed necessary by the Land
Use Board. The developer shall pay to the Township the costs of operation
of said street lighting (as determined by the standard rates of the
servicing utility) until the street upon which said street lights
are installed is accepted by the Township Committee as a public street.
p.
All streets and shoulder areas shall be paved in accordance
with the standards and specifications of the Township Engineer based
upon current engineering practice, the regulations of this chapter
and other applicable ordinances, regulations and the Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation,
as currently amended.
q.
Whenever a development abuts or crosses municipal boundaries,
access to those lots within the Township shall be from within the
Township as the general rule. Wherever access to a development is
required across land in an adjoining municipality as the exception,
the Land Use Board may require documentation that such access is legally
established, and that the access road is adequately improved and may
condition issuance of building permits and/or certificate of occupancy
on said lots to such access road's improvement as required herein.
Z.
Utilities.
1.
New utility distribution lines and telephone lines to locations not
presently served by utilities shall be placed underground, except
those line which are located on or adjacent to active agricultural
operations.
2.
All electric utility transmission lines shall be located within existing
rights-of-way on existing towers or underground to the maximum extent
practical.
AA.
Vegetation and landscaping.
1.
No development shall be carried out unless it is designed to avoid
irreversible adverse impacts on the survival of any local populations
of Pinelands threatened or endangered plants listed in N.J.A.C. 7:50-6.27
or other applicable Federal, State or local list of threatened or
endangered plants.
2.
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
3.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
4.
Applications for major development shall contain a landscaping or
re-vegetation plan which incorporates the elements set forth in Subsection
AA5 below.
5.
In order to conserve water, conserve natural features and reduce
pollution from the use of fertilizers, pesticides and other soil supplements,
all landscaping or re-vegetation plans prepared pursuant to Subsection
AA4 above or required pursuant to Section 35-13.11D2c of this chapter
shall incorporate the following elements:
a.
The limits of clearing shall be identified;
b.
Existing vegetation, including New Jersey's Record Trees as
published by the New Jersey Department of Environmental Protection
and Energy in 1991 and periodically updated, shall be incorporated
into the landscape design where practical;
c.
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
d.
Shrubs and trees authorized by N.J.A.C. 77:50-6.25 shall be
used for re-vegetation or landscaping purposes within the Pinelands
Protection Area and when required by the Land Use Board outside of
the Protection Area. Other shrubs and trees may be used in the following
circumstances:
(1)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25:
(2)
For limited ornamental purposes around buildings and other structures;
or
(3)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
6.
All shade trees shall have a minimum diameter of two and one-half
(2 1/2) inches measured three (3) feet above the ground. Trees
shall be planted in sufficient frequency to provide shade, shall be
balled and burlapped, nursery grown, free from insects and disease,
and true to species and variety.
Stripping trees from a lot or filling around trees on a lot
shall not be permitted unless it can be shown that grading requirements
necessitate removal of trees, in which case those lots shall be replanted
with trees to re-establish the tone of the area to conform with adjacent
lots. Dead or dying trees shall be replaced by the developer during
the next recommended planting season.
7.
Off-street parking areas located in commercial or industrial zoning
districts providing parking spaces for one hundred (100) or more vehicles
shall provide suitable landscaping to break the monotony of the paved
area. Divider strips and buffers, islands and other such landscaped
areas within parking lots or areas shall be planted with grass, shrubs,
bushes and shade trees in order to alleviate an otherwise barren expanse
of open, paved or parking area and unsightly appearance and as an
aid to stormwater disposal. Adequate provisions shall be made to ensure
that such landscaping shall be maintained in good condition. Such
planting shall be designed so as not to interfere or impair solar
access for any structure or use located on the same property therewith,
nor to cause visual obstruction for traffic using the property involved
or streets abutting same.
8.
Open space adjacent to buildings, not surfaced such as walkways,
driveways, parking areas, utility areas or other required improvements
in any multi-family residential project, shall be graded and seeded
to provide a thick stand of grass or other ground cover material.
Suitable and sufficient landscaping with trees and shrubs shall be
provided for each dwelling units as approved by the Land Use Board.
Once again care shall be taken to prevent interference with solar
access to structures or units either now or in the future as plants
and trees grow.
AB.
Visual obstruction.
In any district, nothing shall be erected, placed or allowed
to grow in such a manner as to materially impede vision between a
height of two and one-half (2 1/2) feet and ten (10) feet above
the centerline grade of an abutting street or streets within the sight
triangle as established elsewhere in this chapter.
AC.
Water quality.
1.
All development permitted under this chapter shall be designed and
carried out so that the quality of surface and groundwater shall be
protected. Except as specifically authorized in this Section, no development
which degrades surface or groundwater quality or which establishes
new point sources of pollution shall be permitted.
2.
The following point and non-point sources may be developed and operated
in the Pinelands:
a.
Development of new or expansion of existing commercial, industrial,
and wastewater treatment facilities, or the development of new or
the expansion of existing non-point sources, except those specifically
regulated in Subsections AC2b through AC2f below, provided that:
(1)
There will be no direct discharge into any surface water body;
(2)
All discharges from the facility or use are of a quality and
quantity such that groundwater exiting from the parcel of land or
entering a surface body of water will not exceed two parts per million
nitrate/nitrogen;
(3)
All public wastewater treatment facilities are designed to accept
and treat sewage; and
(4)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into groundwater.
b.
Development of new wastewater treatment or collection facilities
which are designed to improve the level of nitrate/nitrogen attenuation
of more than one existing on-site wastewater treatment system, where
a public health problem has been identified, may be exempted from
the standards of § 35-11.4AC2a(2) above, provided that:
(1)
There will be no direct discharge into any surface water body;
(2)
The facility is designed only to accommodate wastewater from
existing residential, commercial, and industrial development;
(3)
Adherence to § 35-11.4AC2a(2) cannot be achieved due
to limiting site conditions or that the costs to comply with the standard
will result in excessive user fees; and
(4)
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines,
but in no case shall groundwater exiting from the parcel or entering
a surface body of water exceed five parts per million nitrate/nitrogen.
c.
Improvements to existing commercial, industrial, and wastewater
treatment facilities which discharge directly into surface waters,
provided that:
(1)
There is no practical alternative available that would adhere
to the standards of § 35-11.4AC2a(1) above;
(2)
There is no increase in the existing approved capacity of the
facility; and
(3)
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
d.
Individual on-site septic wastewater treatment systems which
are not intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(1)
The proposed development to be served by the system is otherwise
permitted pursuant to this chapter;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection AC2d(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 35-10.9 of this chapter or N.J.A.C. 7:50-5.47;
(3)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or a cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least five feet;
(5)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be encased to at least 50
feet;
(6)
The system will be maintained and inspected in accordance with
the requirements of § 35-11.4AC3 below;
(7)
The technology to be used has been approved by the New Jersey
Department of Environmental Protection; and
(8)
Flow values for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses, but a flow value is assigned for that use in N.J.A.C.
7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a)
shall be used in calculating flow.
e.
Individual on-site septic wastewater treatment systems which
are intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(1)
The standards set forth in Subsection AC2d(1) and Subsections
AC2d(3) through AC2d(8) above are met;
(2)
If the proposed development is nonresidential and located outside
of a Pinelands Village, the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met.
[Amended 2-21-2019 by Ord. No. 681]
(3)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection d3 above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but not may include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 35-10.9 of this chapter or N.J.A.C. 7:50-5.47.
f.
Surface water runoff, provided that:
(1)
The total runoff generated from any net increase in impervious
surfaces by a ten-year storm of 24-hour duration shall be retained
and infiltrated on site. Runoff volumes shall be calculated in accordance
with the United States Soil Conservation Service Technical Release
No. 55 or the S.C.S. National Engineering Handbook, Section 4;
(2)
The rates of runoff generated from the parcel by a two-year,
ten-year and 100-year storm of a 24-hour duration, shall not increase
as a result of the proposed development. Runoff rates shall be calculated
in accordance with the United States Soil Conservation Service Technical
Release No. 55 or the S.C.S. National Engineering Handbook, Section
4;
(3)
Surface water runoff shall not be directed in such a way as
to increase the volume and rate of discharge into any surface water
body from that which existed prior to development of the parcel;
(4)
Excessively and somewhat excessively drained soils, as defined
by the Soil Conservation Service, should be avoided for recharge of
runoff wherever practical;
(5)
A minimum separation of two feet between the elevation of the
lowest point of the bottom of the infiltration or detention facility
and the seasonal high water table is met, or a lesser separation when
it is demonstrated that the separation, either due to soil conditions
or when considered in combination with other stormwater management
techniques, is adequate to protect groundwater quality; and
(6)
A four-year maintenance guaranty is provided for the entire
stormwater management system by the applicant. In addition, the applicant
shall fund or otherwise guarantee an inspection and maintenance program
for a period of no less than 10 years.
(7)
The program shall identify the entity charged with responsibility
for annual inspections and the completion of any necessary maintenance,
and the method to finance said program.
g.
Alternate design pilot program treatment systems, provided that:
[Amended by Ord. No. 658-2017; 2-21-2019 by Ord. No. 681]
(1)
The proposed development to be served by the system is residential
and is otherwise permitted pursuant to the provisions of this chapter;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection AC2g(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 35-10.9 of this chapter or N.J.A.C. 7:50-5.19;
(3)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least five feet;
(5)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(6)
No more than 10 alternate design pilot program treatment systems
utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single-family
dwelling;
(7)
Each system shall be equipped with automatic dialing capability
to the manufacturer, or its agent, in the event of a mechanical malfunction;
(8)
Each system shall be designed and constructed so that samples
of effluent leaving the alternate design pilot program septic system
can be readily taken to confirm the performance of the technology;
(9)
The manufacturer or its agent shall provide to each owner an
operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(10)
Each system shall be covered by a five-year warranty
and a minimum five-year maintenance contract consistent with those
approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be canceled
and is renewable and which includes a provision requiring that the
manufacturer or its agent inspect the system at least once a year
and undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time; and
(11)
The property owner shall record with the deed
to the property a notice consistent with that approved pursuant to
N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges
the owner's responsibility to operate and maintain it in accordance
with the manual required in Subsection AC2g(9) above, and grants access,
with reasonable notice, to the local Board of Health, the Commission
and its agents for inspection and monitoring purposes. The recorded
deed shall run with the property and shall ensure that the maintenance
requirements are binding on any owner of the property during the life
of the system and that the monitoring requirements apply pursuant
to the pilot program or any subsequent regulations adopted by the
Commission that apply to said system.
3.
The owner of every on-site septic waste treatment facility shall,
as soon as suitable septage disposal facility capacity is available,
in accordance with the provisions of Chapter 326 of the Solid Waste
Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean
Water Act:
a.
Have the facility inspected by a technician at least once every
three (3) years;
b.
Have the facility cleaned at least once every three (3) years;
and
c.
Once every three (3) years submit to the Board of Health serving
the Township a sworn statement that the facility has been inspected
and cleaned and is functional, setting forth the name of the person
who performed the inspection and cleaning and the date of such inspection.
5.
No person shall apply any herbicide to any road or public utility
right-of-way within the Township unless necessary to protect an adjacent
agricultural activity.
6.
The owners of commercial petroleum storage tanks shall comply with
the requirements of Chapter 102 of the Laws of 1986.
AD.
Water management.
1.
All surface water runoff shall be managed in accordance with the
standards contained in Section 35-11.4AC2e (Water Quality).
2.
Inter-basin transfer of water between watersheds shall be avoided
to the maximum extent practical. Water shall not be exported from
the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.
3.
Buildings serviced by a central sewage system shall be designed to
include water saving devices.
AE.
Water supply.
1.
Where water is accessible from a servicing utility, the developer
shall arrange for the construction of water mains in such a manner
as to make adequate water service available to each lot, dwelling
unit or use within the development. The entire system shall be designed
in accordance with the requirements and standards of the Township,
County and/or State of New Jersey agency having approval authority
and shall be subject to their approval.
The system shall also be designed with adequate capacity and
sustained pressure for present and probable future development.
2.
Water supply facilities and systems shall be provided and installed
in accordance with the specifications of this chapter and as required
and approved by the Township Engineer. Said water supply facilities
and systems shall be designed and installed for either immediate or
future connection with a public or on-site community water supply
facility or system approved by the appropriate State agency and the
Township of Maurice River. In areas where public water supply does
not exist or is not expected to be provided within a reasonable period
of time in the opinion of the Land Use Board, the Board may waive
the requirement that water supply systems and facilities be installed
to connect to or with a public system or facilities.
3.
In those cases where a public water supply facility or system is
not presently available and the site of the proposed development is
unsuitable and unsafe in terms of public health, for individual, on-site
water supply facilities, as determined by the New Jersey Department
of Environmental Protection and Energy, Department of Health or other
appropriate agency, an on-site "community" water supply system approved
by the New Jersey Department of Environmental Protection and Energy
and the Township of Maurice River governing body, shall be installed.
Said on-site system shall be provided in addition to the required
installation of water supply facilities for those areas expected to
be provided with public water supply facilities or systems within
a reasonable period of time.
4.
Where public water is not available, potable water supply shall be
provided to each lot on an individual well basis. Appropriate and
necessary testing within reason of land(s) proposed for development
may be required by the Land Use Board so as to determine the suitability
of the site, the proper location and evidence the site can provide
for adequate water supply. Individual wells shall be designed and
installed in accordance with the requirements and standards of the
Township, County and/or State agency having appropriate jurisdiction.
AF.
Wetlands.
1.
Development shall be prohibited in all wetlands and wetlands transition
areas except as specifically authorized in this Section.
2.
Horticulture of native Pinelands species and berry agriculture shall
be permitted in all wetlands subject to the requirements of Section
35-11.4AF12 of this chapter.
3.
Beekeeping shall be permitted in all wetlands.
4.
Forestry shall be permitted in all wetlands subject to the requirements of Section 35-8.5 of this chapter.
5.
Fish and wildlife management and wetlands management shall be permitted
in wetlands, in accordance with N.J.A.C. 7:50-6.10.
6.
Low intensity recreational uses which do not involve use of a structure,
including hunting, fishing, trapping, hiking, boating, and swimming,
and other low intensity recreational uses provided that any development
associated with those other uses does not result in a significant
adverse impact on the wetlands as set forth in Section 35-11.4AF13
below.
7.
Docks, piers, moorings, and boat launches for the use of a landowner
shall be permitted in all wetlands, provided that this use will not
result in a significant adverse impact and conforms to all State and
Federal regulations.
8.
Commercial or public docks, piers, moorings, and boat launches shall
be permitted provided that:
9.
Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities provided that:
a.
There is no feasible alternative route or site for the facility
that does not involve development in a wetland or, if none, that another
feasible route which results in less significant adverse impacts on
wetlands does not exist;
b.
The need for the proposed linear improvement cannot be met by
existing facilities or modification thereof;
c.
The use represents a need which overrides the importance of
protecting the wetland;
d.
Development of the Facility will include all practical measures
to mitigate the adverse impact on the wetland; and
e.
The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
10.
No development within the Pinelands Protection Area shall be
carried out within three hundred (300) feet of any wetlands unless
prior approval has been obtained from the New Jersey Pinelands Commission.
No development outside the Pinelands Protection Area shall be
carried out within one hundred fifty (150) feet of any wetlands unless
prior approval has been obtained from the New Jersey Department of
Environmental Protection and Energy.
11.
Agricultural and horticultural use, as defined in Section 35-3.3 of this chapter and limited by Section 35-11.4AF12.
12.
A significant adverse impact shall be deemed to exist where
it is determined that one or more of the following modifications of
a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components, including, but not limited
to threatened or endangered species of plants or animals:
a.
An increase in surface water runoff discharging into a wetland;
b.
A change in the normal seasonal flow patterns in the wetland;
c.
An alteration of the water table in the wetland;
d.
An increase in erosion resulting in increased sedimentation
in the wetland;
e.
A change in the natural chemistry of the ground or surface water
of the wetland;
f.
A loss of wetland habitat;
g.
A reduction of wetland habitat diversity;
h.
A change in wetland species composition; or
i.
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting or feeding.
13.
Determination under Section 35-11.4AF12 above shall consider
the cumulative modifications of the wetland due to the development
being proposed and any other existing or potential development which
may affect the wetland.
AG.
Performance
Standards for Nonresidential Uses.
[Added 12-15-2022 by Ord. No. 720]
1.
Applicability. This subsection is applicable wherever nonresidential
land use is existing or proposed for development, regardless of the
zoning district which the use is located within.
2.
Electricity. Electronic equipment shall be shielded so there is no
interference with any radio or television reception beyond the operator's
property as the result of the operation of such equipment.
3.
Glare. No use shall direct or reflect a steady or flashing light
beyond its lot lines. Exterior lighting and lighting resulting from
any manufacturing or assembly operations shall be shielded, buffered,
and directed as approved on the site plan so that any glare, direct
light, flashes or reflection will not interfere with the normal use
of nearby properties, dwelling units and streets.
4.
Heat. Sources of heat, including but not limited to steam, gases,
vapors, products of combustion or chemical reaction, shall not discharge
onto or directly contact structures, plant or animal life on neighboring
uses. No use, occupation, activity, operation or device shall cause
an increase in ambient temperature, as measured on the boundary between
neighboring uses.
5.
Airborne emissions. In all districts, no use, activity, operation,
or device shall be established, modified, constructed or used without
having obtained valid permits and certificates from the Bureau of
Air Pollution Control, NJDEP. Specifically, no use, activity, operation,
or device shall be established, modified or constructed without a
valid permit to construct. No use, activity, operation, or device
shall be operated, occupied or used without a valid certificate to
operate control apparatus or equipment. Proof of compliance with this
requirement shall be the submission of duplicate copies of the permit
to construct and certificate to operate.
6.
Noise emissions.
a.
Standard. Noise shall be measured with a sound level meter complying
with the standards of the American National Standards Institute American
Standard Specifications for General Purpose Sound Level Meters (ANSI
S.1.4-1961 or its latest revisions). The instrument shall be set to
the A-weighted response scale and the metering to the slow response.
Measurement shall be conducted in accordance with the American Standard
Method for the Physical Measurement of Sound (ANSI S.1.2-1961 or its
latest revision).
b.
All properties are subject to the provisions of the State Noise
Control Ordinance.
7.
Storage and waste disposal. In all districts permitting such an operation,
use or any activity involving the manufacture, utilization or storage
of flammable, combustible and/or explosive materials, such storage
shall be conducted in accordance with the regulations promulgated
by the NJDLI or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
All developments shall comply or conform to the provision of this chapter including the Schedule of District Regulations. Standards and regulations contained in Article 35-8 of this chapter shall be met in addition to all standards and regulations contained within this Article.
A.
Where due to special conditions, a literal enforcement of the provisions
of this Article will result in unnecessary hardship or be detrimental
to the stated goals and objectives of the Township's development policy
as expressed in the Township Master Plan or the Pinelands Comprehensive
Management Plan in connection with that portion of the Township located
within the Protection Area, the Land Use Board may by resolution,
grant such waiver from or adjustment to the requirements of this Article
as will not be contrary to the public interest, the provisions of
the Pinelands Commission Management Plan, and will carry out and implement
the objectives of the Township Master Plan and this chapter. Within
the Pinelands Protection Area, such waiver or adjustment shall be
subject to Pinelands Commission review and approval.
B.
All requests for waivers or adjustments to the design standards contained
in this chapter shall be submitted in writing to the Land Use Board
and shall clearly set forth reason(s) why literal enforcement would
not be possible, would cause substantial hardship (detailing such
hardship) or be contrary to Township planning goals and objectives.
C.
In reviewing such requests, the Land Use Board shall give consideration
to the development size, anticipated or recognizable adverse impact(s),
natural and existing conditions at the development site or adjacent
thereto and reasonable feasibility of the design standard to the development
proposed.
A.
All improvements and performance standards in this Article, when
required or applicable of or to a developer, shall be subject to inspection
by the Township Engineer or other appropriate officials, who shall
be notified by the developer at least seven (7) days prior to the
start of construction. No underground installation shall be covered
until inspected and approved by the Township Engineer.
B.
The Land Use Board may require the developer to provide an office
or shelter suitable for use by the on-site Township inspector(s) when
the development size and intensity warrants the same due to the scope
and complexity of required improvements. All costs for supplying and
maintaining said office on site shall be borne by the developer.
C.
A final inspection of all improvements and utilities will be started within ten (10) days' notification by the developer to determine whether the work is in agreement with the approved final plats or plans and the Township specifications. Upon receipt of a final inspection report, action will be taken to release or declare in default any performance guaranty concerning such improvements as set forth in Article 35-12 of this chapter. Inspection by the Township of the installation and improvements shall not subject the Township to liability, suits or claims of any kind that may at any time arise because of defects or negligence during construction.