Township of Upper, NJ Chapter 20 Zoning

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 7-1976, 10-1977, 11-1977, 10-1978, 12-1978, 5-1979, 8-1979, 1-1981, 2-1981, 4-1981, 4-1982, 9-1982, 4-1983, 4-1985, 14-1985, 16-1985, 8-1986, 13A-1986, 19A-1986, 25-1986, 27-1986, 1-1987, 4-1987, 11-1987, 17-1987, 18-1987, 8-1988, 1-1989, 2-1989, 9-1989, 14-1989, 17-1990, 18A-1990, 5-1993 and 10-1995.

§ 20-1 TITLE AND PURPOSE.

§ 20-1.1 Title.

[Ord. #006-2002, § 2]

A comprehensive Chapter regulating and limiting the uses and development of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards, courts and other open spaces; regulating and restricting the density of population; dividing the Township into districts for such purposes; adopting a map of the Township showing boundaries and the classification of such districts; establishing a Planning Board and a Board of Adjustment; and prescribing penalties for the violation of its provisions.

§ 20-1.2 Short Title.

[Ord. #006-2002, § 2]

The short form by which this chapter may be known shall be "The Zoning Chapter of the Township of Upper".

§ 20-1.3 Purpose.

[Ord. #006-2002, § 2]

This Chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., in order to promote and protect the public health, safety, morals and general welfare:

a. To ensure that the development of the Township does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;

b. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, and preservation of the environment;

c. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

d. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements;

e. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

f. To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

g. To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;

h. To promote orderly development of the Pinelands Area so as to preserve and protect the significant and unique natural, ecological, agricultural, archaeological, historic, scenic, cultural and recreational resources of the Pinelands, and to implement the goals and objectives of the Pinelands Comprehensive Management Plan.

§ 20-1.4 Interpretation of Standards.

[Ord. #006-2002, § 2]

The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.

§ 20-1.5 Prohibited Uses.

[Ord. #006-2002, § 2; Ord. #009-2007, § 2]

a. All uses not expressly permitted in this chapter are prohibited.

b. The following uses are expressly prohibited in all zones and zoning districts in the Township.

1. Adult activities, including but not limited to uses commonly referred to as adult book stores, adult movies, adult entertainment and massage parlors.

2. Drug paraphernalia shop, commonly referred to as "head" shops, except persons registered with the State Health Commissioner or referred to in N.J.S.A. 24:21-10.

3. Junk yards and automobile salvage.

c. Home occupations are expressly prohibited in the "R," "R2," "MH" and "RC" zoning districts in the Township.

d. Private residential pools are expressly prohibited in the "RR" and "RC" zoning districts in the Township.

§ 20-1.6 Time of Compliance.

[Ord. #006-2002, § 2]

All requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.

§ 20-2 DEFINITIONS AND DESCRIPTIONS.

§ 20-2.1 Definitions of Township-Wide Application.

[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #009-2007, § 2; Ord. #008-2011; Ord. #014-2012; Ord. #002-2013; Ord. #011-2013 § 2; Ord. #004-2015 § 3]

For the purposes of this chapter, certain phrases and words are herein defined as follows: Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the words "plot," "premises" and "tract;" the word "building" includes the words "structure," "dwelling" or "residence;" the word "shall" is mandatory and not discretionary. Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in that act, unless specifically defined to the contrary in this chapter. Any word or term not defined herein shall be used with a meaning of standard usage.

ACCESSORY BUILDING, STRUCTURE OR USE

Shall mean a building, structure or use which is customarily associated with and is subordinate in area, extent and purpose and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ADULT BOOKSTORE

Shall mean a bookstore, newsstand, or book department in which a substantial or significant portion of its stock in trade is in books, magazines and other written or pictorial matter which describe, depict or relate to "specified anatomical areas" or "specified sexual activities" as defined herein.

ADULT LIVE ENTERTAINMENT

Shall mean an establishment which shall offer for viewing dancers, strippers, nude or semi-nude entertainers or persons engaging in or exhibiting "specified anatomical areas" or "specified sexual activities" as defined herein.

ADULT MOVIES

Shall mean an establishment which shall offer for viewing on the premises for a fee in coin operated viewing devices, or regular projection theater, or other form of display, any movie, television projection or other display which has substantial or significant displays of "specified anatomical areas" or "specified sexual activities" as defined herein.

ADULT RETIREMENT COMMUNITY

Shall mean a comprehensively designed residential development containing residential dwellings to be occupied by persons 55 years of age or older, as further defined under the U.S. Fair Housing Act, as amended, with passive and active recreation facilities to be provided by the developer for the sole use by the residents and their guests.

ADVISORY BASE FLOOD ELEVATION (ABFE)

Shall mean the elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

ADVISORY FLOOD HAZARD AREA (AFHA)

Shall mean the land in the floodplain within a community subject to flooding from the 1% annual chance event depicted on the Advisory Flood Hazard Map.

ADVISORY FLOOD HAZARD MAP

Shall mean the official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.

AFFORDABLE HOUSING UNIT

Shall mean a housing unit that provides a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:94-7. Low income means households with a gross household income equal to 50% or less of the median gross household income and moderate income means more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the household is located.

ALTERATIONS OR ADDITIONS, STRUCTURAL

Shall mean any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers, or in the dimensions or configurations of the roof or exterior walls.

AREA OF SPECIAL FLOOD HAZARD

Shall mean the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.

[Amended 10-28-2019 by Ord. No. 016-2019]

ASSISTED LIVING RESIDENCE

Shall mean a facility which is licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed by its residents. Apartment units must include, at a minimum, an unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living residence shall also include facilities that provide skilled care and nursing home care.

ASSISTED LIVING SERVICES

Shall mean a coordinated array of supportive personal care services and health care services available 24 hours per day to residents who have been assessed to need these services, to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings.

BASE FLOOD

Shall mean the flood having a 1% chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION

Shall mean the flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

[Amended 10-28-2019 by Ord. No. 016-2019]

BASEMENT

Shall mean a story having more than 25% of its clear height below the average finished contact grade along the outside walls of the building.

BILLBOARD

Shall mean any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein; except that in the Pinelands Area any sign advertising agricultural commercial establishments shall not be considered a billboard.

BUILD-TO LINE

Shall mean for:

a. State Highways the line along the Desirable Typical Section (DTS) as defined in the New Jersey State Highway Access Code (N.J.A.C. 16:47).

b. County roads shall mean the line along the proposed right-of-way standards for the road classification as shown in the Cape May County Transportation Plan.

c. Local roads shall be 36 feet from the centerline of the road.

BUILDING

Any structure or extension therefor or addition thereto having a roof supported by such things as columns, posts, piers or walls intended for the shelter, business, housing or enclosing of persons, animals or property. Open, uncovered decks or raised patios more than 18 inches above grade are considered parts of the building. For purposes of permitted encroachments, any overhangs, soffits, chimney, bay windows or similar structure that extends more than 18 inches beyond the face of the building shall be considered parts of the building.

[Ord. #004-2015 § 3; amended 5-26-2020 by Ord. No. 005-2020]

BUILDING COVERAGE

The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns. In the RR district, open decks, up to 200 square feet, as defined herein, are exempt from building coverage and shall be included in lot coverage. The area of any open deck over 200 square feet shall be included in building coverage.

[Amended 5-26-2020 by Ord. No. 005-2020]

BUILDING HEIGHT

The vertical distance measured to the highest point from the mean elevation of the finished grade five feet away from the foundation along the side(s) of a building facing a street or a street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for height limitations by reference to specified height the intent is to limit height to the specified maximum footage. Properties located in the special flood hazard area or the advisory flood hazard area shall have the height measured from the flood protection elevation. Properties in the "RR" and "RC" Zoning Districts shall be limited to two habitable stories above the flood protection elevation except as provided in Subsection 20-4.5b2(d)(iii).

[Amended 5-26-2020 by Ord. No. 005-2020]

CAMPER

Shall mean:

a. A self-propelled, vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses and which may contain cooking, sleeping and sanitary facilities;

b. An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another;

c. A portable, vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities;

d. A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding 12 feet and an outside body length not exceeding 35 feet, and which may contain cooking, sleeping and sanitary facilities.

CAMPGROUND

Shall mean a parcel of land upon which two or more campsites are located, established, or maintained for temporary living quarters for children and/or adults for recreation or vacation purposes. Campsites shall include land designated to accommodate any tent or camper.

CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT

Shall mean a development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located, and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded.

COASTAL A ZONE

Shall mean the portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/Coastal High Hazard Areas.

[Added 10-28-2019 by Ord. No. 016-2019]

COMMERCIAL MESSAGE

Shall mean any sign wording, logo, figure, symbol, color, illumination, fixture, projection, or other representation that, directly or indirectly, names, advertises, or calls attention to a business product, service, or other commercial activity.

COMMON PROPERTY

Shall mean a parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED

Shall mean a community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to house not more than 15 developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to group homes, intermediate-care facilities, and supervised apartment living arrangements.

CONDITIONAL USES

Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONSERVATION RESIDENTIAL CLUSTER

Shall mean a development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located, and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded and the remaining lands shall be maintained as open space.

CONSTRUCTION TRAILER, TEMPORARY

Shall mean a separate vehicle, not drawn or propelled by its own power, but drawn by some independent power which must be attached to and become part of another vehicle for locomotion, and which, for the purposes of this chapter, shall be utilized during the construction process of one or more homes or buildings, to be used for the storage of tools, equipment, material and office, during and only during the construction process.

CUPOLA

A decorative roof structure that has a small roof and the shaft that supports it sitting on top of a building. A cupola in the "RR" and "RC" Districts may exceed the maximum building height if it is decorative only, is no more than four feet above the maximum building height (not including spire or weather vane) and contains no more than 36 square feet of space. If a cupola provides rooftop access in the "RR" and "RC" Districts, it shall not exceed the maximum permitted building height.

[Added 5-26-2020 by Ord. No. 005-2020]

DAY CARE CENTER

Shall mean a licensed, principal use for the purpose of providing custodial care of persons, for a period not to exceed 18 hours within a single day, in return for the payment of tuition, fees, or other compensation. Day care may include care of either children or adults who are unable to care for themselves because of diminished capabilities.

DETACHED GARAGE

Shall mean a structure to house four or less motor vehicles, without provisions for repairing or servicing such vehicles for profit. Detached garages shall have a maximum height restriction of 20 feet. Detached garages may include accessory uses to a principal residential use for wood or metal working for personal use, gardening, personal gym, personal storage and other similar uses such that said uses are not for profit or home use.

DRUG PARAPHERNALIA SHOP

Shall mean a building, store, business location or department within a store or shop, which shall advertise, display, sell or offer to sell any type of syringe, needle, eyedropper, spoon, pipe, testing kit, rolling paper, or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substance as defined by N.J.S.A. 24:21-1, et seq.

DUNE LINE

Shall mean the line established in § 3-4 of these Revised General Ordinances or as established by the New Jersey Department of Environmental Protection (N.J.D.E.P.). If there is a conflict between either the lines established by the N.J.D.E.P. or in § 3-4 the more restrictive shall govern.

DWELLING UNIT

Shall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

DWELLING, DETACHED

Shall mean a building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.

DWELLING, TWO-FAMILY

Shall mean a building containing two dwelling units only and intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities.

ELEVATED BUILDING

Shall mean a non-basement building a) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor, or in the case of a building in a coastal high hazard area or Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation plus freeboard by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard and Coastal A Zones, "elevated building" shall also include a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.

[Added 10-28-2019 by Ord. No. 016-2019]

EXCAVATION

Shall mean and include digging or mining and applies to all sand, gravel, earth, soil or mineral products of the soil.

FARM

Shall mean:

a. PRINCIPAL USES: A lot of at least five acres in area used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, nurseries and greenhouses, dairies and livestock produce, and aquaculture.

b. ACCESSORY USES: Buildings incidental to farms, such as: tenant houses (outside the Pinelands Area), greenhouses, buildings for housing seasonal workers for the farm's own use; barns, packing, grading and storage buildings for produce raised on the premises, except that no processing of produce shall be permitted; buildings for keeping of poultry and permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.

FIRST FLOOR AREA

Shall mean the residential portion of a dwelling unit, excluding basements, garages, carports and breezeways, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided both levels are connected by permanent, built-in stairs in the interior of the building.

FLAG LOT

[Deleted by Ord. #004-2015 § 3]

FLOOD HAZARD AREA

Shall mean areas within the Township subject to inundation from tidal floodwaters.

FLOOD PROTECTION ELEVATION

Shall mean the elevation that a structure must be elevated to in all special flood hazard areas and advisory flood hazard areas. Said elevation shall be two feet higher than the best available flood hazard data elevation.

[Amended 10-28-2019 by Ord. No. 016-2019]

FLOOR AREA RATIO (FAR)

All building area in a principal structure above the flood protection area divided by the lot area. In calculating FAR, attics, elevators, and decks/porches shall not be included. Additionally, when located below the flood protection elevation, storage areas and garages shall not be included in the FAR. The value in the FAR numerator shall be the area (in square feet) established by measuring from the exterior faces of exterior walls and shall include all building area having a floor-to-ceiling joist height of seven feet and greater (if attics have a floor-to-ceiling height of seven-feet or greater they shall be included in the total floor area).

[Added 5-26-2020 by Ord. No. 005-2020]

GOLF COURSE

Shall mean an area of 50 or more contiguous acres containing a full-size, professional golf course at least nine holes in length, not less than three par each, together with the necessary accessory uses and structures such as club houses, dining and refreshment facilities, providing the operation of such are incidental and subordinate to the operation of the golf course.

GROSS FLOOR AREA

Shall mean the area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height of 7.5 feet or more and those areas used for storage space in nonresidential uses shall be included in the gross floor area.

GROUP HOME

Shall mean living arrangements operated in residences leased or owned by the licensee, which provide the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence. Staff in a group home provide supervision, training, and or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence.

HABITABLE SPACE

Shall mean a space in a building for living, sleeping, eating or cooking. Garage, storage, stairs, halls or utility and other similar spaces are not considered habitable spaces.

[Ord. #004-2015 § 3]

HEALTH CARE SERVICES

Shall mean any service provided to a resident of an assisted living residence that is ordered by a physician and required to be provided or delegated by a licensed, registered or certified health care professional. Certified health care professional shall not include a certified homemaker/home health aide or certified nurse aide.

HOME OCCUPATION

Shall mean an occupation conducted entirely within a detached dwelling unit or an accessory building, but not both, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling except that no more than one person not a resident of the building may be employed and provided also that no more than 450 square feet shall be used for such purpose; that the gross floor area for the residence shall remain at least as large as that required in § 20-4 for a detached dwelling; that no display of products shall be visible from the street; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the home occupation does not reduce the parking or yard requirements of the detached dwelling; that there is no exterior evidence of the home occupation other than one unlighted or interior white lighted name plate sign identifying the home occupation, not exceeding six square feet in area, and either attached or freestanding. (If freestanding, the sign shall not exceed five feet in height and shall be set back at least 10 feet from all street right-of-way and lot lines.) No more than one commercial vehicle and trailer utilized as part of the said home occupation may be parked at the address of said home occupation; further no more than one non-commercial vehicle not registered at the address of the home occupation may be parked at the address of the home occupation; no vehicles utilized as part of the home occupation shall be parked on the public street. Residents of the detached dwelling shall be permitted to work at home when working on such activities that are normally performed at a business location outside of the resident's detached dwelling as long as such activities comply with the above restrictions.

HOMEOWNERS' ASSOCIATION

Shall mean an incorporated, nonprofit organization operating in a cluster single-family residential development under recorded land agreements through which:

a. Each owner is automatically a member;

b. Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township; and

c. Each owner and tenant has the right to use the common property.

HOTELS AND MOTELS

Shall mean a building or group of buildings consisting of individual sleeping units designed for transient automobile travelers and not for permanent residency.

HOUSEKEEPING UNIT

Shall mean one or more persons living together in one dwelling unit and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERVIOUS COVERAGE — shall mean any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability and shall include building coverage.

[Ord. #004-2015 § 3]

INTERESTED PARTY

Shall mean, in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this law or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1, et seq.

LOADING SPACE

Shall mean an off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.

LOCAL COMMUNICATIONS FACILITY

Shall mean an antenna and any support structure, together with any accessory facilities, and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

LOT

Shall mean any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map, or by metes and bounds, except that no portion of a street shall be included in calculating the lot boundaries or areas.

LOT AREA

Shall mean the area contained within the lot lines of a lot, not including any portion of a street right-of-way.

LOT CORNER

Shall mean a lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side and one rear yard. However, a lot which is bounded by three streets shall have three front yards and one side yard.

LOT DEPTH

Shall mean the shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT FRONTAGE

Shall mean the horizontal distance between side lot lines, measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curbed alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage. Only improved public streets may have their street lot line counted as lot frontage. Any street not providing actual legal access may not be counted as lot frontage, e.g., Garden State Parkway.

LOT LINE

Shall mean any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

LOT WIDTH

Shall mean the straight and horizontal distance between side lines at setback points on each side lot line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

LOT FRONTAGE

LOT WIDTH

LOT, INTERIOR

Shall mean a lot other than a corner lot.

MARINA

Shall mean a commercial establishment engaged in the sales and rentals of watercraft, the repair and storage of watercraft, and the related sales of goods and services customary to the usage of watercraft, including slip rental, mooring, wet or dry storage of watercraft.

MASSAGE PARLOR

Shall mean an establishment, person or their entity which permits massages or the "rubbing down" of persons where the massage includes "specified anatomical areas" or "specified sexual activities" as defined herein.

MEZZANINE

Shall mean an intermediate level or levels between the floor and ceiling of any story and shall be considered a 1/2 story when determining number of stories for building height.

[Ord. #004-2015 § 3]

MINING

Shall be synonymous with "excavation" and shall include digging and/or mining and all related activity. Mining shall include both wet and dry mining.

MIXED USE

Shall mean a parcel or structure that permits both residential uses and nonresidential uses within the same structure.

MONUMENT SIGN

Shall mean a freestanding sign, generally having a low profile where the base of the sign structure is on the ground or a maximum of 12 inches above the lowest point of the ground adjacent to the sign such that the sign has the appearance of a solid base. The maximum height shall be eight feet from the ground and the width of the sign base shall be at least 75% of the sign face at its widest point.

[Ord. #004-2015 § 3]

MULTIFAMILY BUILDINGS

Shall mean freestanding buildings containing at least two units and not more than 30 dwelling units, with each sharing with another unit or units one or more vertical or horizontal common walls. If a multifamily structure also meets the definition of a townhouse structure it shall be considered a townhouse structure.

NONCONFORMING LOTS

Shall mean a lot of record which does not have the minimum width, frontage or depth or contain the minimum area for the zone in which it is located.

NONCONFORMING USE

Shall mean a use occupying a building, structure or lot which does not conform with the use regulations for the zone in which it is located.

OPEN DECK

An exterior part of a building outside of and extending beyond the exterior walls of the building, the exterior boundaries of which are completely and permanently open to the outside air and shall not have any enclosed space below or roof above (except for where two decks are stacked); provided, that an open deck may have a solid wall in lieu of a railing, which wall extends not more than 36 inches above the floor of the deck or in accordance with applicable building code regulations. An open deck may be stacked such that a second open deck is above the lower deck.

[Added 5-26-2020 by Ord. No. 005-2020]

PARKING SPACE

Shall mean an area of not less than 10 feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles whether or not wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PERMITTED USE

Shall mean any use of land or buildings as permitted by this chapter.

PRINCIPAL USE

Shall mean the main purpose for which a lot or building is used.

PRIVATE LICENSED FACILITIES FOR THE DEVELOPMENTALLY DISABLED

Shall mean residential facilities licensed pursuant to N.J.S.A. 10:47 et seq. providing food, shelter and personal guidance, under such supervision as required, to house more than 15 but not more than 24 developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to group homes, intermediate-care facilities, and supervised apartment living arrangements.

PUBLIC PARK AND RIDE

Shall mean any public land area designed and used for parking or motor vehicles and which is associated with other means of transportation.

PUBLIC PURPOSE USES

Shall mean the use of land or buildings by the governing body of the Township, County, State or Federal Government.

PUBLIC SEWERAGE FACILITIES

Shall mean facilities, including sanitary sewers and wastewater treatment plants designed and constructed in accordance with the "Rules and Regulations for the Preparation and Submission of Plans for Sewer Systems and Wastewater Treatment Plants," established by the New Jersey Department of Environmental Protection.

PUBLIC WATER SUPPLY SYSTEM

Shall mean a municipally or privately owned system comprising structures which operating alone or with other structures results in the derivation, conveyance (or transmission) or distribution of water for potable or domestic purposes to consumers in 20 or more dwellings or properties and designed and constructed in accordance with the "Rules and Regulations for the Approval of Public Water Supply Systems and Water Treatment Plants" established by the New Jersey Department of Environmental Protection.

RESIDENTIAL AGRICULTURE

Shall mean the growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the properties and not primarily for commercial purposes. Agricultural commercial structures and uses are permitted under this definition provided such structures and uses meet all applicable accessory building setback (side and rear) and coverage requirements and are set back from the front street line at least 20 feet and be located on a lot with a minimum lot area of two acres or the minimum lot area required for the zone district, whichever is greater. Agricultural commercial structures and uses may not extend 10 feet in height. (For permitted signs, see Subsection 20-5.10.)

RESTAURANT

Shall mean any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

RETAIL SALE OF GOODS AND SERVICES

Shall mean establishments engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods; and/or establishments providing services or entertainment to the general public.

SATELLITE TELEVISION ANTENNAS

Shall mean an apparatus capable of receiving communication from a transmitter or a transmitter relay located in a planetary orbit.

SERVICE STATION

Shall mean lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.

SETBACK LINE

The term "required setback" shall mean a line that is established a minimum horizontal distance from the street line or the lot line (whichever would result in the widest distance) and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

SETBACK LINE

SHOPPING CENTER

Shall mean a group of commercial establishments owned and managed as an operating unit; it provides on-site parking in a definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.

SIGN

Shall mean any object, device, display or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images.

SIGN, BANNER

Shall mean a graphic or sign which has its letters or design applied to cloth, canvas, or other flexible material which is durable and weather resistant.

SIGN, BILLBOARD

Shall mean a sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

SIGN, RESIDENTIAL

Shall mean a sign which is located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located.

SITE PLAN REVIEW

Shall mean the examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Zoning Board, in certain cases.

SPECIFIED ANATOMICAL AREAS

Shall mean less than completely and opaquely covered human genitals, pubic region, buttock, and/or female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state even if completely or opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Shall mean human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

SPECIMEN TREES

Shall mean largest known individual trees of each species in the State of New Jersey. The New Jersey Department of Environmental Protection, Bureau of Forestry, maintains a list of such trees and such trees are listed and pictured in the book entitled "Magnificent Trees of Cape May County" by Lyman a. Hoffman. Any trees which are equal to or larger than said trees shall be considered specimen trees.

STORAGE CONTAINER

Shall mean any container, semi-trailer (with or without wheels), storage unit or portable structure designed to be used on a temporary basis an without a foundation for the purpose of storing tangible property and not for occupancy by persons.

[Added 10-28-2019 by Ord. No. 016-2019]

STORY

Shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.

STORY, HABITABLE

Shall mean a story that has more than 10% of the gross building floor area is considered a habitable story.

[Ord. #004-2015 § 3]

STREET

Shall mean any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing State, County or Municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Land Use Law (Chapter 291, Laws of 1975) or any prior act authorizing approval or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.

STREET LINE

Shall mean the edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE

Shall mean anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.

SWIMMING POOL, PORTABLE

Shall mean pools which shall not be subject to the requirements of § 20-5 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of 100 square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Shall mean private residential swimming pools and include artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling, and shall include all buildings, structures, equipment and appurtenances thereto.

TAVERN

Shall mean an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

TEMPORARY CONSTRUCTION TRAILERS

Shall mean a separate vehicle, not drawn or propelled by its own power, but drawn by some independent power which must be attached to and become a part of another vehicle for locomotion, and which, for purposes of this chapter, shall be utilized during the construction process of one or more homes or buildings, to be used for the storage of tools, equipment, materials and the like, during and only during the construction process.

TOWNHOUSES

Shall mean dwelling units located beside and separated from other such dwelling units by use of common party walls, extending from the foundation to the roof and from the front to the rear exterior walls, with each dwelling unit having livable floor area on, but not limited to, the first floor. Each townhouse dwelling unit shall have direct access to the outdoors.

TOWNSHIP

Shall mean Township of Upper, Cape May County, New Jersey.

TRACT

Shall mean an area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.

TRACTOR TRAILER

Shall mean any semi-trailer (with or without wheels) to be used for the purpose of storing tangible property.

[Added 10-28-2019 by Ord. No. 016-2019]

TRAILER

Shall mean any trailer, boat, boat trailer, camper, travel trailer, recreational vehicle, motor home, jet ski, jet ski trailer, utility trailer or equipment trailer.

[Added 10-28-2019 by Ord. No. 016-2019]

TRAILER FOR TEMPORARY DWELLING

Shall mean a mobile home owned by the property owner occupied by the owner for one year during the construction of a single-family residence on the same lot. Before occupancy owner must obtain a Certificate of Compliance from the Cape May County Health Department and a Certificate of Occupancy from the Upper Township Construction Code Department.

TREE PRESERVATION

Shall mean an area of tree(s) that must be maintained with natural tree(s) on a parcel of land. Said area shall be restricted from clearing or removal of any trees two inches in diameter or greater, except dead trees greater than five inches in diameter or greater and trees within 35 feet of the principal structure may be removed to prevent a safety hazard. The area shall be measured along the perimeter of the canopy of the tree(s). The area beneath the canopy of the tree(s) may be maintained or unmaintained.

[Ord. #004-2015 § 3]

UNSUITABLE LOT

A lot shall be unsuitable for any intended use which cannot meet the standards for construction of sewerage facilities for realty improvements promulgated by the State Commission of Health in N.J.A.C. 40:9A.

UPPER TOWNSHIP FIRE SAFETY CAPITAL IMPROVEMENT FUND

Shall mean a capital improvement fund administered by the Township Committee for the purpose of constructing, purchasing or otherwise procuring fire safety-related improvements to protect persons and property in the Township.

WATERCRAFT

Shall mean any water vehicle including but not limited to jet skis, boats, or catamarans.

WATERFRONT PROPERTY

Shall mean any property where the principal structure is located within 50 feet of the mean high water line or the toe of the waterward side of the primary frontal dune whichever is closer.

[Ord. #004-2015 § 3]

YARD, FRONT

Shall mean an open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard depth shall be the same as the required setback.

YARD, REAR

Shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. Rear yard shall be as prescribed in § 20-4 except shall be at least 25 feet as measured from a wetland buffer line or dune line or at least 10 feet as measured from a bulkhead.

YARD, SIDE

Shall mean an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines. Side yard shall be as prescribed in § 20-4 except shall be at least 15 feet as measured from a wetland buffer line or dune or a bulkhead.

§ 20-2.2 Pinelands Area Definitions.

[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #008-2011]

The following definitions shall only apply to those portions of the Township that are located within the Pinelands Area. In the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.

AGRICULTURAL COMMERCIAL ESTABLISHMENT

Shall mean a retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may or may not be associated directly with a farm; however it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural processing facilities such as a farm itself, nor facilities which are solely processing facilities.

AGRICULTURAL EMPLOYEE HOUSING

Shall mean residential dwellings, for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.

AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE

Shall mean any production of plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal government.

AGRICULTURAL SERVICE ESTABLISHMENTS

Shall mean an establishment the purpose of which is the sale of goods, commodities or services that support active farm operations.

ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM

Shall mean an individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

[Amended 2-25-2019 by Ord. No. 001-2019]

ANIMALS, THREATENED OR ENDANGERED

Shall mean those animals specified in N.J.A.C. 7:50-6.32.

ANY TERM OR WORD NOT DEFINED HEREIN

Shall be defined as set out in N.J.A.C. 7:50-2.11.

APPLICATION FOR DEVELOPMENT

Shall mean the application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D, or N.J.S.A. 13:18A-1 et seq.

APPROVAL AGENCY

Shall mean any Board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.

AQUACULTURE

Shall mean the propagation, raring and subsequent harvesting of aquatic organisms in a controlled or selected environments, and their subsequent processing, packaging and marketing, including, but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.

BUILDING

Shall mean any structure or extension thereof or addition thereto, either temporary or permanent, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

CAMPSITE

Shall mean a place used or suitable for camping on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.

CERTIFICATE OF APPROPRIATENESS

Shall mean an approval of the Planning Board pursuant to N.J.A.C. 7:50-6.156.

CERTIFICATE OF FILING

Shall mean a certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 and 7:50-4.82 that a complete application for major development has been filed.

COMMISSION

Shall mean the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.

COMPREHENSIVE MANAGEMENT PLAN

Shall mean the plan adopted by the Pinelands Commission pursuant to the Pinelands Protection Act, as amended, and contained in N.J.A.C. 7:50.

CONTIGUOUS LANDS

Shall mean land which is connected or adjacent to other land so as to permit the land to be used as a functional unit; provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way, and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

DAY

Shall mean, for purposes of computing time limits, a calendar day.

DENSITY

Shall mean the average number of housing units per unit of land except that in the Pinelands Area density shall be calculated on the basis of gross acreage including platted rights-of-way within the deeded premises.

DEVELOPMENT

Shall mean the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

a. A change in type of use of a structure or land;

b. A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

c. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

d. Commencement of resource extraction, drilling, or excavation on a parcel of land;

e. Commencement of forestry activities;

f. Demolition of a structure or removal of trees;

g. Deposit of refuse, solid or liquid waste or fill on a parcel of land;

h. In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

i. Alteration, either physically or chemically, of a shore, bank, or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

DEVELOPMENT APPROVAL

Shall mean any approval granted by an approval agency, including appeals to the governing body, except Certificates of Occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.

DEVELOPMENT, MAJOR

Shall mean any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

DEVELOPMENT, MINOR

Shall mean all development other than major development.

DRAINAGE

Shall mean the removal of surface water or ground water from land by drains, grading or other means including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DWELLING

Shall mean any structure or portion thereof which is designed or used for residential purposes.

ELECTRIC DISTRIBUTION LINES

Shall mean all electric lines other than electric transmission lines.

ELECTRIC TRANSMISSION LINES

Shall mean electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and: (a) another substation of the utility company; (b) a substation of or interconnection point with another interconnecting utility company; (c) a substation of a high-load customer of the utility.

ENLARGEMENT

Shall mean an addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in that portion of a tract of land occupied by an existing use.

ENVIRONMENTAL COMMISSION

Shall mean a municipal advisory body created pursuant to P.L. 1968, c. 245 (C. 40:56A-1 et seq.).

EROSION

Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

FAMILY

Shall mean one or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.

FIRE HAZARD

Shall mean the classification of a parcel of land in accord with the following:

Hazard	-	Vegetation Type
Low	-	Atlantic white cedar
	-	Hardwood swamps
Moderate	-	Non-pine barrens forest
	-	Prescribed burned areas
High	-	Pine barrens forest including mature forms of pine, pine-oak, or oak-pine
Extreme	-	Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland

FISH AND WILDLIFE MANAGEMENT

Shall mean the changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.

FOREST STAND

Shall mean a uniform group of trees of similar species, size, and age.

FORESTRY

Shall mean the planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry and, although they may otherwise require an application for development, they shall not require the issuance of a forestry permit:

a. Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

b. Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

c. Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

d. Removal of trees necessary for the maintenance of utility or public rights-of-way;

e. Removal or planting of trees for the personal use of the parcel owner; and

f. Removal of trees for public safety.

HABITAT

Shall mean the natural environment of an individual animal or plant, population, or community.

HEIGHT

Shall mean the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

HISTORIC RESOURCE

Shall mean any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the National, State, County, local or regional level.

HYDROPHYTES

Shall mean any plant growing in water or in substrata that is at least periodically deficient in oxygen as a result of excessive water content.

IMMEDIATE FAMILY

Shall mean those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.

[Amended 2-25-2019 by Ord. No. 001-2019]

IMPERMEABLE SURFACE

Shall mean any surface which does not permit fluids to pass through or penetrate its pores or spaces.

INSTITUTIONAL USE

Shall mean any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.

INTERESTED PERSON OR PARTY

Shall mean any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.

INTERIM RULES AND REGULATIONS

Shall mean the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.

LAND

Shall mean the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.

LANDFILL

Shall mean a site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste derived material occurs in accordance with N.J.A.C. 7:50-6.79.

LANDSCAPING

Shall mean the installation of plant material or seed as a part of development.

LOCAL COMMUNICATIONS FACILITY

Shall mean an antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

MOBILE HOME

Shall mean a dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.

NAVIGABLE WATERS

Shall mean water capable of being traversed by pleasure craft.

OFF-SITE COMMERCIAL ADVERTISING SIGN

Shall mean a sign, other than a sign which advertises an agricultural commercial establishment, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

PARCEL

Shall mean any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.

PERSON

Shall mean an individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

PINELANDS AREA

Shall mean the area designated as such in the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 29 as amended.

PINELANDS DEVELOPMENT REVIEW BOARD

Shall mean the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands Area which required approvals of other State agencies, except where the Pinelands Commission acted on applications during that time period.

PINELANDS PROTECTION ACT

Shall mean N.J.S.A. 13:18A-1 to 29.

PINELANDS RESOURCE RELATED USE

Shall mean any use which is based on resources which are indigenous to the Pinelands including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.

PLANTS, THREATENED OR ENDANGERED

Shall mean a Pinelands plant species whose survival worldwide, nationwide, or in the State is in jeopardy.

PUBLIC DEVELOPMENT

Shall mean any development by a public agency.

PUBLIC PURPOSE USES

Shall mean the use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

PUBLIC SERVICE INFRASTRUCTURE

Shall mean sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.

RECOMMENDED MANAGEMENT PRACTICE

Shall mean the management program which employs the most efficient use of available technology, natural, human, and economic resources.

RECORD TREE

Shall mean the largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.

RECREATIONAL FACILITY, INTENSIVE

Shall mean any recreational facility which does not satisfy the definition of low intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.

RECREATIONAL FACILITY, LOW INTENSIVE

Shall mean a facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

RESOURCE EXTRACTION

Shall mean the dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material on the same parcel by the landowner.

SEASONAL HIGH WATER TABLE

Shall mean the level below the natural ground surface to which water seasonally rises in the soil in most years.

SIGN

Shall mean any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, State or City, or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

SIGN, AWNING

Shall mean a sign that is mounted, painted or attached to an awning or other window or door canopy that is otherwise permitted by ordinance.

SIGN, DIRECTORY

Shall mean a sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities.

SIGN, FREESTANDING

Shall mean any nonmovable sign not affixed to a building.

SIGN, MONUMENT

Shall mean a freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground. The base of the freestanding sign shall be of permanent materials such as stone, brick, decorative block compatible with the architecture of the principal building.

SIGN, POLE

Shall mean a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign is six feet or more above grade.

SIGN, PYLON

Shall mean a pole sign.

SOLAR ENERGY FACILITY

Shall mean a solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.

[Added 2-25-2019 by Ord. No. 001-2019]

STRUCTURAL ALTERATION

Shall mean any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

STRUCTURE

Shall mean a combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.

SUBDIVISION

Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions with the meaning of this chapter, if no new streets are created:

a. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;

b. Divisions of property by testamentary or intestate provisions;

c. Divisions of property upon court order, including but not limited to judgments of foreclosure;

d. Consolidation of existing lots by deed or other recorded instrument; and

e. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Municipality. The term "subdivision" shall also include the term "resubdivision."

SUBMERGED LAND

Shall mean those lands which are inundated with water throughout the year.

UTILITY DISTRIBUTION LINES

Shall mean lines, conduits or pipes located in a street road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage, or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.

VEGETATION

Shall mean any plant material including grasses, shrubs and trees.

WETLAND SOILS

Shall mean those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.

WETLANDS

Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.3 through 6.5.

WETLANDS, COASTAL

Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.4.

WETLANDS, INLAND

Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.5.

§ 20-3 ZONING DISTRICTS AND ZONING MAP.

§ 20-3.1 Zoning Districts.

[Ord. #7-1976, § 301; Ord. #4-1982; Ord. #4-1987, § 1; Ord. #14-1989, § 1; Ord. #10-1995, § 1; Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #009-2007, § 2; Ord. #008-2011; Ord. No. 011-2018; Ord. No. 019-2018; amended 5-26-2020 by Ord. No. 005-2020]

For the purpose of this chapter the Township is hereby divided into various districts. Within the Pinelands Area, these districts are consistent with the Pinelands Management Areas set forth in N.J.A.C. 7:50, Subchapter 5.

Symbol	Zoning District
AR	Agriculture and Rural Density Residential
R	Center Residential
R2	Moderate Density Residential
RR	Resort Residential
RC	Resort Commercial
TCC	Town Center Core
TC	Town Center
CM2	Commercial District
CM4	Rural Density Commercial District
CMP	Commercial District Pinelands
C	Conservation
RD	Rural Development
PV	Pinelands Village
F3	Rural Density Forest
F10	Low Density Forest
F25	Forest Conservation
RP	Recreation and Park
RPPV	Recreation and Park Pinelands Village
M	Mining
TV	Tuckahoe Village
TR	Tuckahoe Riverfront
MH	Mobile Home
AHGR	Affordable Housing Group Home
MTCD	Marmora Town Center District
ASH	Affordable Senior Housing
WTC	Waterfront Town Center

§ 20-3.2 Zoning Map.

[Ord. #7-1976, § 302; Ord. #12-1978, § 2; Ord. #4-1981, § 3; Ord. #4-1982; Ord. #4-1987, § 1; Ord. #8-1988, §§ 1 — 3; Ord. #2-1989, § 1; Ord. #14-1989, § 1; Ord. #17-1990, § 1; Ord. #10-1995, § 1; Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #009-2007, § 2; Ord. #004-2009, § 1; Ord. #008-2011, § 1; Ord. #004-2015 § 3; Ord. No. 011-2018; Ord. No. 019-2018; amended 5-26-2020 by Ord. No. 005-2020]

The map is amended to reflect the zoning boundary changes as set forth on the revised Zoning Map of the Township of Upper prepared by Paul E. Dietrich, Sr., Upper Township Engineer, dated January 12, 2004, and revised through December 19, 2019. The Zoning Map is located at the end of Chapter 20.

§ 20-3.3 Interpretation of Boundaries.

[Ord. #006-2002, § 2]

Zoning district boundary lines are intended to follow street centerlines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this chapter, unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the centerline of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Board of Adjustment. The zoning standards, controls and designations apply to every structure, lot and use and development within each district; and the district lines extend vertically in both directions from ground level.

§ 20-3.4 Division of a Lot in Single Ownership.

[Ord. #006-2002, § 2]

Where a zoning district boundary line divides a lot other than by following a stream or street, any use permitted in either district may be extended not more than 20 feet into the adjacent district. A use permitted in the zoning district so extended shall thereafter be a permitted use in the extended area. A zoning district line, however, shall be altered only once by utilizing this subsection of the chapter, after which the lot use shall be governed by the regulations of the zoning district in which it is located after the zoning district boundary line adjustment.

§ 20-4 DISTRICT REGULATIONS. [1]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 006-2002 and 001-2004.

§ 20-4.1 Compliance with Zone and Chapter Requirements.

[Ord. #009-2007, § 2; Ord. #004-2015 § 3; Ord. No. 011-2018; Ord. No., 019-2018]

a. No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced either wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located, and so that all lots have frontage on a street.

b. All new construction, building additions, building alterations which expand the footprint of the existing building, garages or barns that have been issued a zoning permit under this chapter shall have an as-built survey prepared by a licensed surveyor, to determine conformance with this chapter in regards to yard setback and height. Said as-built surveys shall be performed prior to framing inspection and/or prior to issuance of a Certificate of Occupancy.

c. All development within the Township must comply with the regulations included in the following Schedules: Schedule A Residential Districts - Permitted, Conditional and Accessory Uses; Schedule B Commercial and Mixed Use Districts - Permitted Conditional and Accessory Uses; and Schedule C-Area and Yard Requirements for Zone Districts attached to this chapter and hereto made part of. If there is a conflict between the terms and conditions of the zoning regulations as set forth in § 20-4 and the schedules then the zoning regulations shall supersede the schedules.[1]

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

§ 20-4.2 "AR" Agriculture and Rural Density Residential.

[Ord. #009-2007, § 2]

a. Purpose. The "AR" District is designed in response to existing agricultural uses and lands, and in recognition of soil suitability for on-site septic disposal systems. Single-family detached dwellings are principal permitted uses in this district, along with farm, public and quasi-public uses. The primary goal of the "AR" District is to preserve farmland and open space by permitting and encouraging Conservation Residential Cluster Subdivisions and Density Transfer.

b. Permitted Uses. The permitted uses pertaining to the "AR" Agriculture and Rural Density Residential are provided on Schedule A Residential Districts — Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "AR" District are provided on Schedule C Area and Yard Requirements for Zone Districts[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Minimum Gross Floor Area. Single-family detached dwellings - 1,000 square feet unless provided as affordable housing units.

§ 20-4.3 "R2" Moderate Density Residential.

[Ord. #009-2007, § 2]

a. Purpose. The "R2" District recognizes the existing development patterns within the suburban planning area with on-site sewage disposal systems. Single-family detached dwellings are principal permitted uses in this district, along with farm, public and quasi-public uses.

b. Permitted Uses. The permitted uses pertaining to the "R2" Moderate Density Residential are provided on Schedule A Residential Districts - Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the R2 District are provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Minimum Gross Floor Area. Single-family detached dwellings - 1,000 square feet unless provided as affordable housing units.

e. Home Occupations Prohibited in the "R2" District. "Home occupation" as defined in Chapter 20, Subsection 20-2.1 of the Revised General Ordinances of the Township of Upper and as defined in Ordinance No. 7-1976, as amended and supplemented, shall henceforth be prohibited within the "R2" District, formerly known as the "R" District within the Township of Upper. This prohibition shall extend to both principal permitted uses and accessory uses in said zoning district.

§ 20-4.4 "R" Center Residential.

[Ord. #009-2007, § 2]

a. Purpose. The purpose of the "R" District is to recognize existing development patterns within the centers where with on-site sewage disposal systems are provided and to accommodate higher density residential uses including age-restricted housing developments where community package treatment plants are provided in accordance with the adopted Wastewater Management Plan. Single-family detached dwellings are principal permitted uses in this district, along with public and quasi-public uses.

b. Permitted Uses. The permitted uses pertaining to the "R" Center Residential District are provided on Schedule A Residential Districts — Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "R" District are provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Minimum Gross Floor Area. Single-family detached dwellings — 1,000 square feet unless provided as affordable housing units.

e. Home Occupations Prohibited in the "R" District. "Home occupation" as defined in Chapter 20, Subsection 20-2.1 of the Revised General Ordinances of the Township of Upper and as defined in Ordinance No. 7-1976, as amended and supplemented, shall henceforth be prohibited within the "R" District within the Township of Upper. This prohibition shall extend to both principal permitted uses and accessory uses in said zoning district.

§ 20-4.5 Resort Districts: "RR" Resort Residential and "RC" Resort Commercial.

[Ord. #009-2007, § 2; amended 5-26-2020 by Ord. No. 005-2020]

a. Purpose. The purpose of the "RR" and "RC" Resort Districts are to provide for development specifically related to the barrier beach community of Strathmere and Whale Beach. The purpose of the "RR" District is to provide for the continuance of single-family dwellings on Strathmere and Whale Beach. Building coverages, floor area ratios and heights are utilized to ensure the scale of the residential structures maintain the charm of Strathmere and Whale Beach and not result in larger structures. The purpose of the "RC" District is to provide locations on Strathmere where relatively small retail and service establishments may be located. It is intended that any development will take place in accordance with the requirements specified under the FEMA flood hazard regulations in recognition of the precarious environmental situation. Additionally, minimum ground floor elevations are established to ensure protection against flooding and allow for the continued improvement of street networks.

b. "RR" Resort Residential District.

1. Permitted Uses. The permitted uses pertaining to the "RR" Resort Residential District is provided on Schedule A, Residential Districts — Permitted Principal, Conditional and Accessory Uses,[1] except as modified or supplemented by this section.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

2. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "RR" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[2] except as modified or supplemented by the specific standards of the "RR" District under Subsection 20-4.5b in its entirety:

(a) Lot depth. Any existing lot appearing on the Tax Map as of July 1, 1995, which has a depth of 95 feet and a minimum frontage of 40 feet shall be deemed to meet the requirements of this section. (All lots located in Strathmere on the west side of Commonwealth Avenue generally have a depth of 95 feet.)

(b) Rooftop decks are permitted, provided they do not exceed 25% of the total building footprint.

(c) A maximum building coverage of 27% is permitted. Open decks are excluded from the building coverage in the "RR" district or in the "RC" district when developed as single-family detached residential.

(d) A maximum floor area ratio (FAR) of 0.54 is permitted.

(1) In calculating the floor area ratio, decks/porches are excluded from the total floor area.

(2) If a property owner encloses a deck or porch, that area shall become part of the calculated floor area and subject to the maximum FAR.

(3) Foyers, habitable space and storage areas are permitted above the flood protection elevation on the ground floor with two stories above, provided such areas do not exceed more than 30% of the total floor area on the ground level. All area above the flood protection elevation shall be included in the FAR calculation as floor area.

(e) Side yard setbacks.

(1) Side yard setbacks shall be provided in accordance with the following:

Lot Width (feet)	Individual Side Yard (feet)	Aggregate Side Yard Setback (feet)
Less than 50	6	12
50 to less than 70	6	15
70 to less than 90	6	16
90 or greater	6	18

(2) Existing single-family dwellings with less than the required aggregate are grandfathered and may raise and/or expand their footprint, provided that no one setback is less than six feet and all other provisions of Subsection 20-4.5 are met.

(f) All outside showers, HVAC equipment and generators shall be set back from the property line a minimum of six feet.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

3. Building Height.

(a) Buildings shall not be more than 35 feet above the flood protection elevation.

(b) Roof structures or cupolas for stairway or elevator access are not permitted above the maximum permitted building height.

(c) No more than 18 inches of exposed rail is permitted on roof decks.

(d) Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit shall be reduced by four feet.

(e) Building height shall be measured from the flood protection elevation.

4. Minimum Gross Floor Area. Minimum gross floor area for a single-family detached dwelling shall be 1,000 square feet.

5. Private residential swimming pools are prohibited in the "RR" District.

6. Garages shall not be converted to habitable space.

c. "RC" Resort Commercial District.

1. Permitted Uses.

(a) The permitted uses pertaining to the "RC" Resort Commercial District are provided on Schedule B, Commercial and Mixed Use Districts Permitted Principal, Conditional and Accessory Uses.[3]

[3] Editor's Note: Said schedule is included as an attachment to this chapter.

(b) Single-family detached residential uses in the "RC" district are a permitted conditional use except in Block 850, with the conditions being the standards under Subsection 20-4.5b. Any variation from these standards require a variance under N.J.A.C. 40:55D-70d from the Board of Adjustment.

2. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "RC" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[4] except as modified or supplemented by this section.

[4] Editor's Note: Said schedule is included as an attachment to this chapter.

3. Building Height.

(a) Buildings shall not be more than 35 feet above the flood protection elevation.

(b) Roof structures or cupolas for stairway or elevator access are not permitted above the maximum permitted building height.

(c) No more than 18 inches of exposed rail is permitted on roof decks.

(d) Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit shall be reduced by four feet.

(e) Building height shall be measured from the flood protection elevation.

4. General Requirements.

(a) One building may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district and, further, that each use occupies a minimum gross floor area of 500 square feet.

(b) No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed 30% of the lot area and shall be located in the rear yard only.

(c) All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

(d) All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

(e) Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide for such an area at the side or rear of the building.

(f) There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building. The trash and/or garbage shall be stored in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions.

5. Private residential swimming pools are prohibited in the "RC" District.

d. Stormwater Control.

1. Each property shall provide stormwater control to help alleviate the stormwater runoff in the "RC" and "RR" zones as set forth below.

2. Stormwater control shall meet Subsection 19-7.7 for all new development or shall provide the following minimum which the Municipal Engineer has calculated to meet the standards:

(a) Provide drywell constructed in accordance with N.J.A.C. 7:8-5.9(a)a.iii.

(b) Drywell shall be at least 100 feet of twenty-four-inch-by-twenty-four-inch clean stone trench with six-inch perforated pipe connected to downspouts that direct the runoff from at least 90% of the roof area.

(c) Prior to placement of stone in the drywell, the excavation shall be inspected by the Municipal Engineer to verity that the soils meet the permeability standards of N.J.A.C. 7:8.

3. Pervious paving for the driveway area is recommended and shall not be included in the calculation of impervious lot coverage.

e. Ground Floor Elevation.

1. All new construction and substantial improvement to any structure shall have the ground floor elevated to elevation 7.0 NAVD or higher except if the following conditions are met:

(a) The change in slope from the roadway to ground floor elevation 7.0 NAVD shall be more than two feet; and

(b) If the ceiling height of the ground floor and all doorjamb headers are constructed to allow for future construction of a ground floor at elevation 7.0 NAVD without having to raise the entire structure.

§ 20-4.6 "CM2" Commercial, "CM4" Rural Commercial and "CMP" Commercial District Pinelands.

[Ord. #009-2007, § 2; Ord. #004-2015 § 3]

a. Purpose. The intent of the "CM2" Commercial, "CM4" Rural Commercial and "CMP" Commercial District Pinelands Districts is to promote the development of commercial uses throughout the Township, recognizing the diversity of each commercial area and permitting flexible standards to achieve the optimal development plan to suit the specific commercial location, the environmental constraints and lack of public sewage. There are presently commercial areas in the Township which serve as small neighborhood market areas, commercial areas such as Tuckahoe which act as a village commercial center, as well as commercial areas that serve the region's vehicular traffic along the community's roadways. The area and yard requirements vary among the zones based upon the underlying State Planning Area to provide more open space and less impervious coverage in the "CM4" and "CMP" Districts.

b. Permitted Uses. The permitted uses pertaining to the "CM2," "CM4" and "CMP" Districts are provided on Schedule B Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "CM2," "CM4" and "CMP" Districts are provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. General Requirements.

1. One building may contain more than one use provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district and, further, that each use occupies a minimum gross floor area of 500 square feet.

2. A shopping center may contain more than one principal building provided that the total building coverage specified for the district is not exceeded and the following building separation requirements are met:

(a) All principal buildings shall be separated by a minimum of 25 feet provided such separation is to be used solely for pedestrian circulation.

(b) All principal buildings shall be separated by a minimum of 50 feet when such separation is to be used for parking or vehicular circulation.

3. Off-street parking areas within a shopping center may reduce the stall size from 10 feet by 20 feet to nine feet by 18 feet for 50% of the total spaces over 100 spaces.

4. No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed 30% of the lot area and shall be located in the rear yard only.

5. All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

6. All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

7. Outside sales display area shall be permitted subject to the following:

(a) Display area shall be limited to 50 square feet for every 50 feet of road frontage and not to exceed a total feet of 200 square feet.

(b) Items within the display area shall not exceed a height of six feet.

(c) Items shall not be located within the sight triangle of any driveway or roadway intersection or inhibit pedestrian or vehicle circulation.

(d) Temporary display areas shall be permitted two nonconsecutive forty-five-day periods per year. Temporary zoning permit shall be required for each period at least 10 days prior to the start of the temporary display area.

e. Minimum Off-Street Loading.

1. Each non-shopping center activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the site or rear of the building. Each space shall be at least 15 feet by 40 feet. One space shall be provided for the first 7,000 square feet of gross floor area or fraction thereof in each building, and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street. Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

2. Shopping centers shall provide sufficient loading areas to adequately service the activities within the shopping center.

3. There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building. The trash and/or garbage shall be stored in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions.

4. All off-street loading areas shall be lighted. (See Subsection 20-5.5.)

§ 20-4.7 "TC" Town Center and "TCC" Town Center Core.

[Ord. #009-2007, § 2; Ord. #008-2011; Ord. #004-2015 § 3; Ord. No. 011-2018]

a. Purpose. The purpose of the "TC" and "TCC" Districts is intended to promote a desirable mix of commercial, office, civic and residential land uses within a vibrant, pedestrian-friendly, village environment with an emphasis on uses that service local needs. It is intended to encourage pedestrian flow throughout the area by generally permitting stores and shops and personal service establishments on the ground floor of buildings and promoting the use of upper floors for offices and residential dwelling units in order to enhance the orientation of land uses toward pedestrian shopping and circulation within a village-style mixed-use environment. The districts promote a more dense development through the use of community wastewater treatment facilities.

b. Goals. The goals of the "TC" and "TCC" Districts include ensuring design compatibility with existing development that considers building height, materials, colors, landscaping and signage, sharing off-street parking and stormwater detention opportunities, providing off-street parking that is well-screened from public view; controlling means of vehicular access and coordinating internal pedestrian and vehicular traffic flows relating to existing and proposed development patterns. All development shall reflect traditional village planning and design principles, including:

1. Provide a layout of buildings, open spaces and parking lot edges that encourage sidewalk and pathway interconnections.

2. Provide for focal points such as small parks or squares and other open spaces, as appropriate, such that a sense of place is enhanced and strengthened.

3. Promote the transition of land development into a new district that exhibits the design features of a traditional mixed-use village neighborhood promoting pedestrian circulation, social gathering and interaction amongst commercial establishments supporting and servicing the residents of the community.

4. Create a district that offers a feeling of security.

5. Encourage a mix of residences, stores and shops, personal service establishments, offices, workplaces and civic uses that are interwoven within a traditional mixed-use village neighborhood, all in close proximity.

6. Encourage a mix of uses that provide for predominately retail stores, offices, restaurants and personal service uses on the first floor or street level with office and residential uses located on upper floors.

(a) Promote the design and arrangement of buildings in a manner that advances "green building" concepts to achieve sustainability.

(b) Promote the creation of a district with architectural facade design and building scale typical for a mixed-use village neighborhood and representative of elements of Upper Township's historic character.

(c) Promote cross access and shared access to reduce the number of driveways along Route 9.

c. Permitted Principal Uses. The permitted principal uses pertaining to the "TC" and "TCC" Districts are provided on Schedule B Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

1. Retail stores, restaurants and personal service uses are permitted only on the first floor within the "TCC" and "TC" Districts. Multifamily units are permitted only on the second and third floors in the "TCC" District. Offices are permitted on all floors in the "TCC" and "TC" Districts.

2. Multifamily housing units are permitted in the "TCC" District through noncontiguous residential density transfer from the "AR," "C," "RD," F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.

3. Multifamily housing and townhouses are permitted within the "TC" District through noncontiguous residential density transfer from the "AR," "C," "RD," F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.

4. Repair and servicing, indoors only, of any article for sale which is permitted in this district.

5. Banks and Similar Financial Institutions. Drive-through provided that such are compatible with the design of the building and are appropriately located at the side or rear of a building. Drive-through facilities serving such uses shall be permitted provided that the scale of the drive through windows and lanes is compatible with the design of the building and site design. A maximum of three drive-through lanes shall be permitted (inclusive of lanes for ATMs).

6. Apartments over retail including affordable housing meeting all standards of the Council of Affordable Housing and of the Township. Dwelling units shall be provided through noncontiguous residential density transfer from the "AR," "C," "RD," "F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.

7. Parks, plazas and playgrounds.

8. Building structures and uses owned or operated by the Upper Township for municipal purposes.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Permitted Accessory Uses. The permitted accessory uses pertaining to the "TC" and "TCC" Districts are provided on Schedule B Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses[2] except as modified or supplemented by this section.

1. Recreational and/or open space facilities, including, but not limited to, walkways, courtyards and plazas.

2. Off-street parking and loading located to the rear of principal buildings or appropriately screened from public view.

3. Signage standards shall be compatible to the architectural design of the buildings. Monument signs, wall and hanging signs shall be limited in size and compatible with the pedestrian scale of the center. Pylon signs are prohibited.

4. Street furnishings, planters, street lights, and exterior, garden type, shade structures (gazebos).

5. Sidewalk cafes associated with permitted restaurants.

6. Fences and walls, which shall complement the architectural style, type and design of the building and the overall project design.

7. Decks, patios and terraces, which shall complement the architectural style, type and design of the building and the overall project design.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

e. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "TC" and "TCC" Districts are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.[3]

1. The maximum building height shall be three stories.

2. Standards for multifamily housing and townhouses are provided under Subsection 20-4.7j.

[Ord. No. 011-2018]

[3] Editor's Note: Schedule C is included as an attachment to this chapter.

f. Affordable Housing Requirements. Each applicant shall provide affordable units as required by the Township's housing plan and as determined by the New Jersey Council on Affordable Housing ("COAH") regulations. All affordable units shall meet COAH and Township affordable housing regulations.

g. Parking Standards.

1. The following off-street parking standards in the "TC" and "TCC" Districts shall be subject to Subsection 20-5.7 except that offices shall be provided at a ratio of four spaces per 1,000 square feet gross floor area. Residential parking shall comply with New Jersey Residential Site Improvement Standards ("RSIS"). A reduction in overall parking requirements may be permitted for shared parking use in mixed use developments based upon appropriate documentation provided to the Planning Board at the time of site plan approval by a qualified traffic expert.

2. Where off-street parking areas are visible from existing public streets of the development, they shall be screened by landscaping or a low masonry wall.

3. Off-street parking areas within a shopping center may reduce the stall size from 10 feet by 20 feet to nine feet by 18 feet for 50% of the total spaces over 100 spaces.

4. Parking shall not be permitted in the front yard along any road.

5. For single uses or shopping centers that have more than a total of 80,000 square feet, 75% of the required parking shall be provided within a parking garage or other structure with two or more stories.

6. Parking garages shall not be considered a building for the calculation of building coverage but must meet all other requirements for accessory setbacks and impervious coverage limits. If the parking garage is attached to the principal building then that portion dedicated to the parking of vehicles shall not be included in the calculation of building coverage.

7. Parking garages shall be provided with an architectural facade that screens the structure and is compatible with the principal use on the lot and shall comply with the standards set forth in Subsection I below to the maximum extent practicable.

h. Minimum Off-Street Loading.

1. Each commercial activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 feet by 40 feet. One space shall be provided for the first 7,000 square feet of gross floor area or fraction thereof in each building, and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street. Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

2. There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building.

3. The trash and/or garbage shall be stored in an enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a masonry wall and planting.

i. Architectural Design Standards. All buildings shall be designed to convey a small-scale town or village character. Buildings shall contain the following design elements:

1. Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior. Long, monotonous, uninterrupted walls or roof planes are not permitted. Building wall offsets, including projections such as balconies, canopies, and signs, recesses, and changes in floor level shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roof-line offsets, dormers, or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

2. A variety of building setbacks, roof lines, color schemes, elevations and heights shall be developed, relative to adjacent structures, to avoid a repetitious and monotonous streetscape. At least 1/2 of the developed facade must be two stories in appearance.

3. The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank wall or service area treatment of side and/or rear elevations visible from public view are discouraged.

4. The exteriors of all buildings in the development, including any permitted accessory buildings, shall be architecturally compatible and be constructed of quality materials.

5. Architectural detail, style, color, proportion and massing shall reflect the continuity of treatment through the district, obtained by maintaining the building scale or by subtly graduating changes; by maintaining bases courses; by maintaining cornice lines in buildings of the same height; by use in surrounding buildings. Upper story windows shall be vertically aligned with the location of windows and doors on the ground level.

6. Ground floor retail, services, and restaurant uses shall have large pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground level facade area.

7. An orderly relationship among windows, doors, porches and roof forms shall be provided for.

8. Natural materials such as wood and masonry are recommended. High-quality manmade siding materials are permitted. Stucco may be used as an accent in limited areas.

9. Pitched roofs (6/12 to 12/12) are recommended. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat and mansard-type roofs are not permitted, however, such roof treatments may be allowed if the architectural detail is provided to give the appearance of a pitched roof.

10. All entrances to a building shall be defined and articulated by architecture compatible with the style, materials, colors and details of the building as well as shall the doors.

11. Corner buildings shall be designed to appear as landmark buildings, since they have at least two front facades visibly exposed to the street. One possible treatment to achieve this goal would have buildings designed with additional height or architectural embellishments, such as corner towers, to emphasize their location.

12. Building facade shall create a defining wall along the streetscape. Covered archways (minimum eight feet wide and maximum 50 feet wide) connecting buildings, enabling pedestrian circulation, shall be permitted to achieve the defining wall.

13. Heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the public right-of-way and adjacent properties.

14. Street furnishings such as benches, street lamps, bicycle racks, trash receptacles, bus stop shelters, landscape planters and hanging baskets shall be provided.

15. Street-level store fronts and building entrances shall be open and inviting to pedestrians. Building entrance shall be enhanced by decorative pavements, detailed landscape and appropriate street furnishing.

16. Decorative paving shall be required for pedestrian crossings within parking areas and elsewhere.

j. Residential Standards for Townhouses and Multifamily Buildings.

1. Residential units that are not part of a mixed use project are permitted only through density transfer as detailed under Subsection 20-6.8.

2. Public water and a community wastewater treatment facility shall be provided.

3. Maximum density for residential dwelling units shall not exceed six units per acre for townhouses and 12 units per acre for multifamily buildings.

4. Minimum tract area for developments constructed solely for residential uses in the "TC" and "TCC" Zones shall be five acres.

5. All common parking facilities shall be located at the rear of all dwelling units or in locations to be approved by the Planning Board. There shall be no parking or parking facilities in the required front yard setback of the property.

6. Townhouses.

(a) With respect to townhouses, the distance between two adjacent buildings side to side shall not be less than 30 feet. The distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet.

(b) No townhouse building shall be designed for or occupied by more than eight dwelling units.

(c) No townhouse building shall exceed 180 feet in length in its longest dimension, provided; however, that buildings may exceed the foregoing length so long as they do not contain more than six dwelling units. In addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.

(d) There shall be no fewer than two exterior wall exposures for each unit, each of which shall be properly placed so as to provide thorough ventilation for each unit.

(e) Individual townhouse lots. Parcel may be subdivided into separate lots. Requirements for individual lots shall be as follows.

Minimum lot area	2,500 square feet
Maximum building coverage	60%
Maximum impervious coverage	70%
Minimum lot width	25 feet
Minimum lot frontage	25 feet
Minimum lot depth	100 feet
Maximum building height	35 feet
Minimum front yard setbacks	5 feet
Maximum front yard setbacks	20 feet
Minimum side yard setback (1/both)	0 feet/0 feet
Minimum rear yard setback	25 feet
Minimum unit width	20 feet
Accessory structures: (Minimum side yard and rear yard setback)	5 feet

7. Multifamily Buildings.

(a) A multifamily building shall not exceed 180 feet in length; in addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.

(b) The distance between multifamily buildings shall be a minimum of 50 feet.

(c) No more than 20 dwelling units shall be contained in a single multifamily building.

(d) Area and yard setbacks shall comply with Schedule C — Area and Yard Requirements for Zone Districts[4] except as modified under Subsection 20-4.7e and 20-4.7j.

[4] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

k. Open Space Plaza Design Standards.

1. One open space plaza shall be provided directly adjacent to a principal structure for each 80,000 square feet of nonresidential building.

2. Open space plaza shall meet the following standards.

(a) Encompass 2% of the lot area but shall not be less than 2,000 square feet in size.

(b) One tree per 1,250 square feet of plaza.

(c) Planting bed area of 150 square feet per 1,250 square feet of plaza.

(d) Pedestrian-scaled lighting must maintain an average of 0.50 foot candle illumination within the plaza.

(e) Benches and picnic tables with one seat or 24 inches of bench area per 200 square feet of plaza.

(f) One trash and recycling receptacle per 2,000 square feet of plaza.

(g) One bike rack per 8,000 square feet of plaza.

(h) Plazas over 8,000 square feet shall provide one piece of public art or water feature.

3. The open space plaza shall be maintained by the property owner.

l. Outside sales display area for commercial uses shall be permitted subject to the following:

1. Display area shall be limited to 50 square feet for every 50 feet of road frontage and not to exceed a total of 200 square feet.

2. Items within the display area shall not exceed a height of six feet.

3. Items shall not be located within the sight triangle of any driveway or roadway intersection or inhibit pedestrian or vehicle circulation.

4. Temporary display areas shall be permitted two nonconsecutive forty-five-day periods per year. Temporary zoning permit shall be required for each period at least 10 days prior to the start of the temporary display area.

§ 20-4.8 "C" Conservation.

[Ord. #009-2007, § 2]

a. Purpose. The purpose of the "C" District is to control development on those lands in the Township which are affected by extreme physiographic impediments which include areas of swamp, tidal marsh and land located within the Flood Hazard Area and upland areas adjacent to those areas which serve as an integral buffer. The uses allowed may be subject to approval by the New Jersey Department of Environmental Protection under provisions of the Wetlands Act (N.J.S.A. 13:9A-1 et seq.) and the Coastal Facilities Review Act (N.J.S.A. 13:9-1 et seq.). Other areas in the Township designated in the "C" District include State forest and wildlife lands. The uses that are permitted include low density single-family home construction and agricultural and recreational uses.

b. Permitted Uses. The permitted principal uses pertaining to the "C" Conservation District are provided on Schedule A Residential Districts — Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Accessory Uses. The permitted principal uses pertaining to the "C" Conservation District are provided on Schedule A Residential Districts — Permitted Principal, Conditional and Accessory Uses[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "C" Conservation District are provided on Schedule C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

§ 20-4.9 (Reserved) [1]

[1] Editor's Note: Former Subsection 20-4.9, "U" Utility District, adopted or amended by Ord. #009-2007, § 2, was repealed 5-26-2020 by Ord. No. 005-2020.

§ 20-4.10 "M" Mining District.

[Ord. #009-2007, § 2; Ord. #002-2013]

a. Purpose. The purpose of the Mining District is to insure safety as well as the aesthetic quality of the site during and after construction and to minimize the adverse impacts of the mining operation on the site, the surrounding properties, and the community in general.

b. Permitted Principal Uses. The permitted principal uses pertaining to the "M" District are provided on Schedule B Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

1. The continuation of existing resource extraction operations and excavation activities in accordance with N.J.A.C. 7:50-6, Part VI and Subsection 19-7.15 of the Township Code.

2. Mechanical separation or grading of the soils or minerals excavated from the site.

3. Storage facilities and office incidental to the uses permitted in paragraphs b1, and 2 above.

c. Permitted Accessory Uses. The permitted accessory uses pertaining to the "M" Mining District are provided on Schedule B — Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

1. Recycling of concrete and asphalt resulting from construction or demolition activities, provided any such recycling facilities or activities are accessory to an existing lawful resource extraction operation.

d. Maximum Height. No building or structure shall exceed 35 feet in height.

e. Area and Yard Requirements. See site plan design standards as noted in § 19-6.

f. (Reserved)[1]

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

§ 20-4.11 "PV" Pinelands Villages.

[Ord. #009-2007, § 2]

a. Purpose. The Pinelands Villages, identified in N.J.A.C. 7:50, include Tuckahoe and Petersburg. Pinelands Village Zones provide for infill development and will continue to serve as the nuclei for residential expansion in the Pinelands Area. The historic character which is found in these villages is considered a valuable asset to the area and preservation and reinforcement of these features is deemed to be in the public interest as well as serving to maintain and/or enhance real estate values in these areas.

b. Permitted Uses. The permitted uses pertaining to the "PV" Pinelands Villages District are provided on Schedule A Residential Districts — Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "PV" Pinelands Village District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.

d. Gross Floor Area Minimum. One thousand square feet for single-family dwellings.[1]

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

§ 20-4.12 "RD" Rural Development.

[Ord. #009-2007, § 2]

a. Purpose. The Rural Development Zone is intended to recognize that portion of the Township within the Pinelands Area which is slightly modified by existing development and which may be suitable for limited future development subject to strict environmental performance standards. This zone represents a balance between environment and development values intermediate between the Forest Zone and Pinelands Villages.

b. Permitted Uses. The permitted uses pertaining to the "RD" Rural Development District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

1. Public service infrastructure, except that community wastewater treatment and collection facilities shall be permitted in the Rural Development Area only in accordance with N.J.A.C. 7:50-6.84(a)2.

2. Single-family detached dwelling units on one acre lots in accordance with Subsection 20-6.7a of this chapter.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "RD" Rural Development District are provided on Schedule C Area and Yard Requirements for Zone[2] except as modified or supplemented by this section.

1. Notwithstanding the minimum lot areas set forth herein, no such minimum lot area for a nonresidential use within the RD District shall be less than that needed to meet the water quality standards of Subsection 20-5.14h2(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Gross Floor Area Minimum. One thousand square feet for single-family dwellings.

§ 20-4.13 "F3" Rural Density Forest, "F10" Low Density Forest and "F25" Forest Conservation Districts.

[Ord. #009-2007, § 2]

a. Purpose. The purpose of the "F3," "F10" and "F25" Forest Zone is to protect undisturbed forested portions of the Pinelands Protection Area, which support characteristic Pinelands plant and animal species. These areas are an essential element of the Pinelands environment and are very sensitive to random and uncontrolled development. Some parts of the forest area are more suitable for development than others provided such development is subject to strict environmental performance standards. The division of this area into three Forest Zones is intended to provide a transition between developed areas and outlying lands by accommodating the greater proportions of the permitted average density in close proximity to the more developed areas and maintaining the low density character of the outlying areas.

b. Permitted Uses. The permitted uses pertaining to the "F3," "F10," and "F25" Forest Districts are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

1. Residential dwelling units on lots of 3.2 acres, in accordance with Subsection 20-6.6.

2. Agricultural employee housing as an element of, and necessary to, an active agricultural operation.

3. Low intensity recreational uses, provided that:

(a) The parcel proposed for low intensity recreational use has an area of at least 50 acres;

(b) The recreational use does not involve the use of motorized vehicles except for necessary transportation;

(c) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;

(d) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and

(e) No more than 1% of the parcel will be covered with impermeable surfaces.

4. Expansion of existing intensive recreational uses provided that:

(a) The use was in existence on February 7, 1979 and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

(b) The use is necessary to achieve recreational use of a particular element of the Pinelands environment; and

(c) The use is environmentally and aesthetically compatible with the character of the Pinelands and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources and will not unduly burden available public services.

5. Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with Subsection 20-5.14h2(b).

6. Agricultural commercial structures and uses, excluding supermarkets, restaurants; and convenience stores, provided that:

(a) The principal goods or products available for sale were produced in the Pinelands; and

(b) The sales area of the establishment does not exceed 5,000 square feet.

7. Roadside retail sales and service structures and uses provided that:

(a) The parcel proposed for development has roadway frontage of at least 150 feet;

(b) No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and

(c) The proposed use will not unduly burden public services, including but not limited to water, sewer, and roads.

8. Institutional uses, provided that:

(a) The use does not require or will not generate subsidiary or satellite development in the Forest Area;

(b) The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and

(c) The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.

9. Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products provided that:

(a) The parcel proposed for development has an area of at least five acres;

(b) The principal raw material for the proposed use is found or produced in the Pinelands; and

(c) The use does not require or will not generate subsidiary or satellite development in a Forest Area.

10. Single-family detached dwelling units on one acre lots in accordance with Subsections 20-6.6b, 206.7b or 20-6.7c of this chapter.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "F3," "F10," and "F25" Forest Districts are provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.

1. Notwithstanding the minimum lot areas set forth in Schedule C,[3] no such minimum lot area for a nonresidential use within the F3 or F25 Zone shall be less than that needed to meet the water quality standards of Subsection 20-5.14h2(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Gross Floor Area Minimum. One thousand square feet for single-family dwellings.

e. Forest Area - F-10 Zone. Residential dwelling units on five acre lots shall be permitted in the F-10 Zone, provided that:

1. The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:

(a) Ten acres if all acquired noncontiguous lands are located in the F-10 Zone; and

(b) Seventeen and one-half acres if all acquired noncontiguous lands are located in the F-25 Zone.

2. All lands acquired pursuant to Subsection 1 above, which may or may not be developable, are located in the F-10 or F-25 Districts;

3. All noncontiguous lands acquired pursuant to paragraphs 1 and 2 above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low intensity recreational uses. Any such deed restrictions shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;

4. Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and

5. The lot proposed for development otherwise meets the minimum standards of Subsection 20-5.14 of this chapter.

§ 20-4.14 "TV" Tuckahoe Village.

[Ord. #009-2007, § 2]

a. Purpose. The purpose of the Tuckahoe Village District is to preserve the unique and historical character of the buildings and structures throughout the area designated as Tuckahoe Village and to encourage its appropriate development consistent with its historical character for the benefit of all our citizens.

b. Principal Permitted Uses. The permitted principal uses pertaining to the "TV" Tuckahoe Village District are provided on Schedule B Commercial and Mixed Use Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Accessory Uses Permitted. The permitted accessory uses pertaining to the "TV" Tuckahoe Village District are provided on Schedule B Commercial and Mixed Use Districts — Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "TV" District are provided on Schedule C Area and Yard Requirement for Zone Districts[3] except as modified or supplemented by this section.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

e. Additional Signage Standards.

1. One A-Frame type sign a maximum of 12 square feet shall be nonilluminated and shall be located in the front yard only during business hours.

2. Outside display areas shall be permitted. Display area shall be limited to 75 square feet for every 50 feet of road frontage and not to exceed a total of 200 square feet. Items within the display shall not exceed a height of six feet and shall not be located within the sight triangle of any driveway or roadway intersection. Outside display shall only be permitted during business hours.

§ 20-4.15 "TR" Tuckahoe Riverfront.

[Ord. #009-2007, § 2]

a. Purpose. To permit residential opportunities at a density that promotes the water quality of the Tuckahoe River and restricts encroachment into the wetlands and flood plains.

b. Principal Permitted Uses. The permitted principal uses pertaining to the "TR" Tuckahoe Riverfront District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Accessory Uses Permitted. The permitted accessory uses pertaining to the "TR" Tuckahoe Riverfront District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "TR" District are provided on Schedule C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

e. Landscaped Buffer. A landscaped buffer area of 25 feet in width is required in the rear yard area facing the Tuckahoe River and shall be measured from the rear lot line or the wetland buffer line. Buffer shall comply with the requirements of Subsection 20-5.8a2(a), composition of buffers adjacent to residential districts.

f. Lighting. No use shall produce a strong, dazzling light or the reflection of a strong dazzling light or glare beyond the lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light, or reflection will not interfere or distract adjacent properties or users of the river.

g. Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they be transferred off the lot by natural causes or forces; nor shall any substance be deposited which can contaminate an underground aquifer or river system undesirable as a source of water supply or recreational use or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.

h. Signs. No signs, billboards, advertising, banners, or balloons shall be erected which are visible from the Tuckahoe River.

§ 20-4.16 "RP" Recreation and Park District and "RPPV" Recreation and Park Pinelands Village District.

[Ord. #009-2007, § 2]

a. Purpose. The Recreation and Park Zone is intended to recognize the need for recreational uses throughout the Township. This zone is established to encourage both commercial and public recreation that is compatible with the rural surroundings of the community. Passive and nonvehicular activities are encouraged. The Recreation and Park Pinelands Village Zone is that portion of the "RP" Zone located in the Pinelands Village.

b. Principal Permitted Uses. The permitted principal uses pertaining to the "RP" and "RPPV" Districts are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Accessory Uses Permitted. The permitted accessory uses pertaining to the "RP" and "RPPV" Districts are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "RP" and "RPPV" Districts are provided on Schedule C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

e. Prohibited Uses. Uses that rely on motorized vehicles or motorized equipment shall be prohibited. Such motorized uses are considered not to be in keeping with the adjoining residential communities. These uses may be permitted as conditional uses if such use is enclosed in a building, where the sound from any such motor is not audible at the property line. Any use not listed under Subsection b above shall be considered prohibited.

§ 20-4.17 "MH" Mobile Home District.

[Ord. #009-2007, § 2]

a. Purpose. The purpose of the "MH" Mobile Home District is to accommodate development of mobile home parks to provide affordable housing in accordance with the Township's Housing Element and Fair Share Plan. The mobile home parks will provide market-rate age-restricted housing in addition to affordable family housing. On-site community package treatment plant facilities are permitted to accommodate the increased density and provide for improved water quality and stormwater runoff.

b. Permitted Uses. The permitted principal uses pertaining to the "MH" Mobile Home District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.

1. The mobile home park shall provide a minimum of 20% of the total mobile home units affordable to low and moderate income families. These affordable housing units shall be rental family units. The units shall be marketed and rented consistent with the New Jersey Council on Affordable Housing regulations and the Township's affordable housing regulations.

2. The remainder of the units within the mobile home park shall be designed as an age-restricted mobile home development. The parcel shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such an individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Accessory Uses. The permitted accessory uses pertaining to the "MH" Mobile Home Park District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.

1. Service and accessory buildings, including an office-storage building for the sale of land, storage of maintenance equipment, conduct of general office functions in relation to operation of the park.

2. Sewage treatment plant or other utility service installations for the sole purpose of serving park residents and provided that such plant(s) and other installation(s) are approved and supervised by appropriate County, State and Federal rules, regulations and agencies.

3. Off-Street Parking. For each mobile home, two off-street parking spaces shall be provided in the following manner:

(a) No less than one off-street parking space per each individual mobile home lot.

(b) The remaining required spaces shall be provided in common parking facilities to be conveniently located throughout the mobile home park. Such common facilities shall be located so that no trailer or mobile home is more than 250 feet from such a facility. Each common parking area shall be paved, drained and lighted in accordance with Township standards. No more than 10 cars may be parked in any common parking area.

4. No part of any park shall be used for nonresidential purposes, except such uses as are required for the direct servicing and well-being of park residents and for the management of the park.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "MH" District are provided on Schedule C Area and Yard Requirements[3] except as modified or supplemented by this section.

1. The mobile home park tract shall be in a minimum of 20 acres.

2. A maximum density of seven mobile homes shall be permitted per acre. Where the mobile home park involves an expansion of an existing mobile home park, the maximum density shall apply to the mobile home park expansion area only. Likewise, the affordable housing obligation shall apply only to new development.

3. Tract boundary setback shall be 75 feet. This setback shall be landscaped. The required buffer and landscape planting may be located within the tract boundary setback. No roads, parking or buildings or structures shall be located within tract boundary setback with the exception of access driveways serving the development and/or bike/jogging paths.

4. Mobile home spaces shall be a minimum of 5,000 square feet for each space, and each space shall be a minimum of 50 feet in width.

5. Mobile homes shall be placed on each space so that there will be two side yards each of a minimum of five feet, and front yard of a minimum of 20 feet and rear yard of a minimum of 10 feet. All yard setbacks shall be unoccupied by anything other than underground utilities, landscaping, sidewalk or driveway.

6. Mobile home spaces shall be arranged so as to face upon a driveway, with unobstructed access, using such driveway, to a public street or highway.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

e. Affordable Housing Requirements. Each affordable mobile home park unit shall comply with the rules set forth by COAH at N.J.A.C. 5:91, Procedural Rules, and N.J.A.C. 5:93, Substantive Rules, including but not limited to:

1. Each affordable unit shall be marketed via an affirmative marketing program.

2. Each Mobile Home Park shall maintain designated pads for affordable units.

3. Rental costs for affordable units shall be consistent with current fees established by COAH.

4. All affordable units shall be registered with the Township's Municipal Housing Liaison.

f. Other Requirements. All mobile home parks shall comply with the following conditions and requirements:

1. Landscape Buffer.

(a) A fifty-foot wide landscape buffer shall be provided. The landscape buffer shall consist of a fence and an evergreen landscape planting to provide a visually opaque screen between the mobile home park and adjacent residential zone district properties.

(b) The landscape buffer shall consist of a fence a minimum six feet in height and located at the landscape buffer line. The fence shall be constructed of materials to form an attractive, visually opaque screen between the mobile home park and adjacent residential properties. Wood, metal, heavy duty vinyl or masonry fence materials may be specified; however, metal chain link fencing with slat inserts or similar open type fence materials are not permitted. The fence shall be of solid heavy duty construction. It will be maintained and replaced if needed throughout the life of the mobile home development.

(c) The landscape buffer planting shall be designed in compliance with Subsection 20-5.8a.

2. Minimum Open Space Required. Not less than 5% of the gross area of the park must be retained as open space or improved for recreational activity for the residents of the mobile home park. The common open space shall be dedicated or otherwise preserved and maintained so as to always remain open and available for use by the residents or as otherwise approved by the Planning Board, and that such open space will be preserved and maintained in perpetuity.

3. All mobile home park roads shall provide convenient circulation and be at least 24 feet wide. An unobstructed access road to a public street or highway is required. Emergency access may also be required.

4. Roads, parking areas and stormwater management system shall be designed and constructed in accordance with the Residential Site Improvement Standards.

5. Public walks shall be provided and constructed of concrete or other suitable material approved by the Township Engineer. Said walkways shall not be less than 48 inches in width.

6. Public areas of a mobile home park shall be adequately lighted so as to permit safe movement of vehicles and pedestrians at night.

7. Mobile Home Requirements.

(a) Mobile homes shall be installed upon and securely fastened to a frost-free foundation or footer, and in event they shall be erected on jacks, loose blocks or other temporary materials.

(b) An enclosure shall be erected around the entire base of mobile home and shall be constructed of material that provides the appearance of a block foundation with stucco finish. Such enclosure shall not be erected on jacks, loose blocks or other temporary materials.

(c) Additions shall be constructed as a permanent structure and shall require the prior written approval of the mobile home park owner.

(d) Each mobile home space shall have a patio of not less than 200 square feet, either open or enclosed.

(e) Replacements. As of the effective date of this chapter, replacement of a mobile home by another mobile home on an approved mobile home lot shall be permitted provided that all yard requirements and other site requirements are met.

(f) Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities; however, this shall not apply to the rental affordable mobile home units.

(g) Each mobile home space shall have and maintain a minimum of 400 square feet of landscape area in which shrubs and/or flowers shall be planted and maintained.

8. Utilities.

(a) All electric, telephone and television service shall be so installed as to be beneath the surface of the ground.

(b) The plumbing of all mobile homes and for the mobile home park shall be in accordance with the requirements of the National Standard Plumbing Subcode of the Uniform Construction Code of New Jersey.

(c) The water supply and distribution shall be in accordance with the requirements of the New Jersey State Drinking Water Act regulations published by the New Jersey Department of Environmental Protection.

(d) Sanitary sewers and sewage treatment plants shall be installed in accordance with the requirements of the New Jersey Department of Environmental Protection rules and regulations for the design and construction of sanitary sewers and sewage treatment plants.

(e) Storm drainage shall conform to all requirements of the Upper Township Subdivision of Land and Site Plan Ordinance.[4]

[4] Editor's Note: Upper Township Subdivision of Land and Site Plan Ordinance is codified as Chapter 19.

(f) The storage, collection and disposal of refuse in the mobile home park shall not be so conducted as to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

(g) The storage and handling of fuel oil and flammable liquids shall be in compliance with the pertinent standards of the Uniform Construction Code of New Jersey.

(h) Fire protection. The owner of every mobile home shall equip said mobile home at all times with one fire extinguisher rated for Class B and C fires as a minimum and in good working order.

9. Signs. Each mobile home park operator shall cause to be constructed and affixed to each individual mobile home space one wooden, metal or plastic signboard not less than four inches in height or 18 inches in width upon which shall be painted or otherwise permanently affixed the number of said individual mobile home space, which number shall correspond to the number of said individual mobile home space as shown on the diagram filed with the Township Clerk. The numbers used on said signboard shall be at least four inches in height and have a thickness enabling them to be read at a distance of 20 feet. All such signboards shall be uniformly erected in each mobile home park, being attached to a post or other permanent object, between three feet and six feet from the ground and shall be kept clearly visible from the nearest driveway. Signboards shall be numbered in a light color on a dark background.

10. Responsibilities of Park Management.

(a) In every mobile home park there shall be an office established which may be either in a mobile home or permanent building which shall be the office of the person in charge of said park. A copy of the park license and of this chapter shall be posted therein, and the park register as hereinafter referred to in this section shall at all times be kept in said office.

(b) It is hereby made the duty of the attendant or the person in charge of the office, together with the licensee, to:

(1) Keep at all times a register containing a record of all mobile home owners located within the park. Said register shall be kept available for inspection at all times by State, Federal and Township law enforcement officers, public health officials and other officials whose duties necessitate the acquisition of the information contained in the register. The register records shall not be destroyed for a period of three years following the date of registration. The register shall contain the following information: the names and permanent addresses of all mobile home owners.

(2) Maintain the park in a clean, orderly and sanitary condition at all times.

(3) See that the provisions of this chapter are complied with and enforced and report promptly to the proper authorities any violation of this chapter or any other violation of law which may come to his attention.

(4) Report to the Health Officer all cases of persons or animals affected or suspected of being affected with any communicable disease.

(5) Prevent the running loose of dogs, cats or other animals or pets.

(6) Shall require all owners of mobile homes within the park to maintain said mobile home in clean manner and any mobile home to be determined to be deteriorated by the Construction Code Official, Municipal Housing Liaison or Municipal Engineer shall be required to be replaced.

§ 20-4.18 "AHGR" Affordable Housing Group Home District.

[Ord. #009-2007, § 2]

a. Purpose. The purpose of the "AHGR" Affordable Housing Group Home District is to accommodate the development of a community residential facility that services the needs of developmentally disabled persons in a setting that accommodates up to 24 persons who require assistance.

b. Principal Permitted Uses. The permitted principal uses pertaining to the "AHGR" District is provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section. Private licensed facility for the developmentally disabled.

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

c. Accessory Uses Permitted. The permitted accessory uses pertaining to the "AHGR" District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses except as modified or supplemented by this section.[2]

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

d. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "AHGR" District are provided on Schedule C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.

[3] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

e. Additional Requirements.

1. Sufficient off-street area is to be provided for the pickup and discharge of occupants by vans or other vehicles serving the residents.

2. All such facilities for the developmentally disabled shall have 0.50 parking space for each resident. The Planning Board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there is ample parking facilities. Additional parking shall be provided 1.25 for every employee on the maximum shift and one space shall be provided for every vehicle owned or operated by the use operating from the site.

3. One sign denoting the nature of the facility shall be allowed and shall be limited to 20 square feet in size and be either building mounted or free standing.

4. A minimum all-season evergreen buffer shall be provided around the perimeter of the site, designed in accordance with the standards set forth in Subsection 20-5.8a of this chapter.

§ 20-4.19 Affordable Accessory Apartments.

[Ord. #003-2016]

a. Purpose. The purpose of the Affordable Accessory Apartments is to accommodate the development and conversion of accessory apartments to provide affordable housing in accordance with the Township's Housing Element and Fair Share Plan.

b. Where Permitted. Affordable Accessory Apartments are provided on Schedule B Commercial and Mixed Use Districts.

c. Definition. An affordable accessory apartment shall be a self-contained residential dwelling unit with a kitchen, bathroom, sleeping quarters and a private entrance which is created to be occupied by a "moderate" income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH) at N.J.A.C. 5:97-6.8.

d. Additional Conditions.

1. The "Affordable Accessory Apartment" shall be rented only to a "moderate" income household at the time of initial occupancy of the unit.

2. The "Affordable Accessory Apartment" shall, for a period of 30 years from the date of the issuance of a Certificate of Occupancy, be rented only to "moderate" income households.

3. Rents of "Affordable Accessory Apartments" shall be affordable to moderate income households in accordance with the applicable provisions of N.J.A.C. 5:97-9, and shall specifically include an allowance for utilities in accordance with Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et. seq.

4. There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the "Affordable Accessory Apartment" is located running with the land and limiting its subsequent rental or sale.

5. No more than 10 units of the Township's Affordable Housing Obligation to produce "Affordable Accessory Apartments" shall be permitted.

6. The "Affordable Accessory Apartment" program shall be affirmatively marketed to the Housing Region 6 consisting of Atlantic, Cape May, Cumberland and Salem counties in accordance with the "Affirmative Marketing Plan".

e. At the end of the thirty-year deed restriction, the Township may negotiate with the owner to extend affordability controls subject to COAH's expiration of affordability controls procedures.

f. At the termination of the deed restriction, the affordable accessory apartment will be permitted to be marketed to the general public without affordability controls.

g. The "Affordable Accessory Apartment" may be a newly created accessory apartment in the Commercial and Mixed Use District.

h. Administration of the "Affordable Accessory Apartment" Program.

1. The Township Committee of Upper Township shall designate an administrative entity to administer the "Affordable Accessory Apartment" program in accordance with the following:

(a) The administrative entity shall administer the "Affordable Accessory Apartment" program including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the "Affordable Accessory Apartment" program;

(b) The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements and/or the provisions of this subsection. All denials shall be in writing with the reasons clearly stated; and

(c) In accordance with COAH requirements, the Township shall provide at least $20,000 to subsidize the creation of an "Affordable Accessory Apartment" conforming to the requirements of this subsection and COAH requirements.

(d) Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township insuring that the apartment shall meet the requirements of this subsection and COAH regulations.

i. Application Procedures.

1. Each application for the creation of an "Affordable Accessory Apartment" shall submit the following information to the designated administrative entity:

(a) A sketch of floor plan(s) showing the location, size and relationship of both the "Affordable Accessory Apartment" and the primary dwelling within the building or in another structure;

(b) Rough elevations showing the modification of any exterior building facade to which changes are proposed; and

(c) A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any natural or man-made conditions which might affect construction.

§ 20-4.20 "MTCD" Marmora Town Center District.

[Ord. No. 011-2018]

a. Purpose. The purpose of the "MTCD" District is intended to promote a desirable mix of commercial, office, civic and inclusionary residential land uses within a vibrant, pedestrian-friendly, village environment with an emphasis on uses that service local needs. It is intended to encourage pedestrian flow throughout the area by generally permitting stores and shops and personal service establishments on the ground floor of buildings and promoting the use of upper floors for offices and inclusionary residential dwelling units in order to enhance the orientation of land uses toward pedestrian shopping and circulation within a village-style mixed-use environment. The district promotes a more dense development through the use of community wastewater treatment facilities or sanitary sewer connection. The MTCD District is intended to create a variety of residential housing densities and options including affordable housing units. The MTCD district is further intended to promote non-residential development and balance the mix of residential to non-residential uses.

b. Goals. The goals of the "MTCD" District includes ensuring design compatibility with existing development that considers building height, materials, colors, landscaping and signage, sharing off-street parking and stormwater detention opportunities, providing off-street parking that is well-screened from public view; controlling means of vehicular access and coordinating internal pedestrian and vehicular traffic flows relating to existing and proposed development patterns. All development shall reflect traditional village planning and design principles, including:

1. Provide a layout of buildings, open spaces and parking lot edges that encourage sidewalk and pathway interconnections.

2. Provide for focal points such as small parks or squares and other open spaces, as appropriate, such that a sense of place is enhanced and strengthened.

3. Promote the construction of affordable housing.

4. Promote the transition of land development into a new district that exhibits the design features of a traditional mixed-use village neighborhood promoting pedestrian circulation, social gathering and interaction amongst commercial establishments supporting and servicing the residents of the community.

5. Create a district that offers a feeling of security.

6. Encourage a mix of inclusionary residences, stores and shops, personal service establishments, offices, workplaces and civic uses that are interwoven within a traditional mixed-use village neighborhood, all in close proximity.

7. Encourage a mix of uses that provide for predominately retail stores, offices, restaurants and personal service uses on the first floor or street level with office and residential uses located on upper floors.

(a) Promote the design and arrangement of buildings in a manner that advances "green building" concepts to achieve sustainability.

(b) Promote the creation of a district with architectural facade design and building scale typical for a mixed-use village neighborhood and representative of elements of Upper Township's historic character.

(c) Promote cross access and shared access to reduce the number of driveways along Route 9.

c. The permitted principal uses pertaining to the "MTCD" District shall require a mixed-use development limited to the following:

[Amended 5-26-2020 by Ord. No. 005-2020]

1. Mixed-use projects shall provide a combination of residential and nonresidential development in accordance with the following:

(a) Mixed-use developments shall have 40% of the total habitable space for nonresidential development uses and 60% of the total habitable space for residential development uses.

(b) The residential may be upper-level apartments or stand-alone developments on the same parcel or contiguous parcel.

(c) All development along Route 9 shall be nonresidential with the option for upper-level residential. No stand-alone residential building will be permitted along Route 9.

(d) Phasing is required in accordance with Subsection 1 below.

(e) All residential must provide a set-aside for affordable housing required by Subsection 3f below.

2. Within the mixed-use development the following nonresidential uses are permitted:

(a) Retail stores, restaurants and personal service uses.

(b) General or professional offices.

(c) Repair and servicing, indoors only, of any article for sale which is permitted in this district.

(d) Banks and Similar Financial Institutions. Drive-through, provided that such are compatible with the design of the building and are appropriately located at the side or rear of a building. Drive-through facilities servicing such uses shall be permitted, provided that the scale of the drive-through windows and lanes is compatible with the design of the building and site design. A maximum of three drive-through lanes shall be permitted (inclusive of lanes for ATMs).

(e) Day-care centers.

(f) Indoor theaters and bowling alleys.

(g) Retail garden centers.

(h) School of dance, drama, karate, or any similar instructional institution.

(i) Recreation, exercise and health clubs and facilities.

(j) Shopping centers, including any of the above uses.

(k) Hotels and motels, including ancillary uses such as conference halls, banquet rooms, and recreational facilities.

3. Residential uses within a mixed-use development are required in accordance with the following:

(a) A maximum residential density of 12 units per acre is permitted.

(b) Residential uses shall be on the upper levels of a mixed-use building or on a contiguous parcel.

(c) Residential uses are not permitted along the ground floor on Route 9.

(d) Residential uses shall require recreational amenities including but not limited to items such as pools, exercise rooms, outdoor recreational facilities or parks. The recreational amenities shall be part of any application for approval and reviewed by the Planning Board. The Board may permit entertainment or commercial recreational uses to fulfill this requirement as part of the mixed-use development.

(e) Residential units only permitted in mixed use projects with new non-residential construction.

(f) Affordable Housing Requirements. Each applicant for residential development shall provide a minimum of 20% of all residential units as affordable units as required by the Township's housing plan and as determined by the New Jersey Committee on Affordable Housing ("COAH") regulations. To ensure that any units created by this subsection generate affordable housing credits to be applied to the Township's affordable housing obligations, the affordable units within the Inclusionary Development shall comply with the Round 2 regulations of the New Jersey Council on Affordable Housing ("COAH"), the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and all other applicable law, including a requirement that 13% of all affordable units are available to very low income households, and said Inclusionary Development shall be deed restricted for a period of at least 30 years. In the event COAH promulgates new applicable and lawful regulations, those new regulations shall control.

4. Parks, plazas and playgrounds.

5. Building structures and uses owned or operated by the Upper Township for municipal purposes.

d. Permitted Accessory Uses. The permitted accessory uses pertaining to the "MTCD" District are provided on Schedule B, Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses, except as modified or supplemented by this section.[1]

[Amended 5-26-2020 by Ord. No. 005-2020]

1. Recreational and/or open space facilities, including, but not limited to, walkways, courtyards and plazas.

2. Off-street parking and loading located to the rear of principal buildings or appropriately screened from public view.

3. Signage standards shall be compatible to the architectural design of the buildings. Monument signs, wall and hanging signs shall be limited in size and compatible with the pedestrian scale of the center. Pylon signs are prohibited.

4. Street furnishings, planters, street lights, and exterior, garden-type, shade structures (gazebos).

5. Sidewalk cafes associated with permitted restaurants.

6. Fences and walls, which shall complement the architectural style, type and design of the building and the overall project design.

7. Decks, patios and terraces, which shall complement the architectural style, type and design of the building and the overall project design.

8. Parking garages.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

e. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "MTCD" District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.[2]

1. Within the Marmora Town Center District (MTCD) the following shall apply:

(a) The maximum front yard setback of structures shall be zero feet from the build-to line along Route 9.

(b) The majority of the building must be at the build-to line, but 25% of the facade may be set back at a maximum of 10 feet to create one or more alcoves enclosed on three sides. Outdoor dining, canopies and balconies are permitted within such alcove areas.

(c) The side yard (each side) shall be a minimum of zero feet, if attached to an adjacent building or a minimum of five feet if not attached to an adjacent building.

(d) The maximum building height shall be five stories, except for buildings attached to a hotel use there shall be no maximum limit on stories.

2. Standards for multifamily housing and townhouses are provided under Subsection 20-4.20i.

[2] Editor's Note: Schedule C is included as an attachment to this chapter.

f. Parking Standards.

1. The following off-street parking standards in the MTCD District shall be subject to Subsection 20-5.7 except that offices shall be provided at a ratio of four spaces per 1,000 square feet gross floor area. Residential parking shall comply with New Jersey Residential Site Improvement Standards ("RSIS"). A reduction in overall parking requirements may be permitted for shared parking use in mixed use developments based upon appropriate documentation provided to the Planning Board at the time of site plan approval by a qualified traffic expert.

2. Where off-street parking areas are visible from existing public streets of the development, they shall be screened by landscaping or a low masonry wall.

3. Off-street parking areas within a shopping center may reduce the stall size from 10 feet by 20 feet to nine feet by 18 feet for 50% of the total spaces over 100 spaces.

4. Parking shall not be permitted in the front yard along any road.

5. For single uses or shopping centers that have more than a total of 80,000 square feet, 75% of the required parking shall be provided within a parking garage or other structure with two or more stories.

6. Parking garages shall not be considered a building for the calculation of building coverage but must meet all other requirements for accessory setbacks and impervious coverage limits. If the parking garage is attached to the principal building then that portion dedicated to the parking of vehicles shall not be included in the calculation of building coverage.

7. Parking garages shall be provided with an architectural facade that screens the structure and is compatible with the principal use on the lot and shall comply with the standards set forth in Subsection i below to the maximum extent practicable.

g. Minimum Off-Street Loading.

1. Each commercial activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 feet by 40 feet. One space shall be provided for the first 7,000 square feet of gross floor area or fraction thereof in each building, and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street. Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

2. There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building.

3. The trash and/or garbage shall be stored in an enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a masonry wall and planting.

h. Architectural Design Standards. All buildings shall be designed to convey a small-scale town or village character. Buildings shall contain the following design elements:

1. Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior. Long, monotonous, uninterrupted walls or roof planes are not permitted. Building wall offsets, including projections such as balconies, canopies, and signs, recesses, and changes in floor level shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roof-line offsets, dormers, or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

2. A variety of building setbacks, roof lines, color schemes, elevations and heights shall be developed, relative to adjacent structures, to avoid a repetitious and monotonous streetscape. At least 1/2 of the developed facade must be two stories in appearance.

3. The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank wall or service area treatment of side and/or rear elevations visible from public view are discouraged.

4. The exteriors of all buildings in the development, including any permitted accessory buildings, shall be architecturally compatible and be constructed of quality materials.

5. Architectural detail, style, color, proportion and massing shall reflect the continuity of treatment through the district, obtained by maintaining the building scale or by subtly graduating changes; by maintaining bases courses; by maintaining cornice lines in buildings of the same height; by use in surrounding buildings. Upper story windows shall be vertically aligned with the location of windows and doors on the ground level.

6. Ground floor retail, services, and restaurant uses shall have large pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground level facade area.

7. An orderly relationship among windows, doors, porches and roof forms shall be provided for.

8. Natural materials such as wood and masonry are recommended. High-quality manmade siding materials are permitted. Stucco may be used as an accent in limited areas.

9. Pitched roofs (6/12 to 12/12) are recommended. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat and mansard-type roofs are not permitted, however, such roof treatments may be allowed if the architectural detail is provided to give the appearance of a pitched roof.

10. All entrances to a building shall be defined and articulated by architecture compatible with the style, materials, colors and details of the building as well as shall the doors.

11. Corner buildings shall be designed to appear as landmark buildings, since they have at least two front facades visibly exposed to the street. One possible treatment to achieve this goal would have buildings designed with additional height or architectural embellishments, such as corner towers, to emphasize their location.

12. Building facade shall create a defining wall along the streetscape. Covered archways (minimum eight feet wide and maximum 50 feet wide) connecting buildings, enabling pedestrian circulation, shall be permitted to achieve the defining wall.

13. Heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the public right-of-way and adjacent properties.

14. Street furnishings such as benches, street lamps, bicycle racks, trash receptacles, bus stop shelters, landscape planters and hanging baskets shall be provided.

15. Street-level store fronts and building entrances shall be open and inviting to pedestrians. Building entrance shall be enhanced by decorative pavements, detailed landscape and appropriate street furnishing.

16. Decorative paving shall be required for pedestrian crossings within parking areas and elsewhere.

i. Residential Standards for Townhouses and Multifamily Buildings.

1. Inclusionary Residential units are permitted in mixed-use projects only and may be either townhouse units or multi-family apartments. Residential units that are part of a mixed-use development may be on the upper levels or stand-alone on the same parcel or contiguous parcel and must be inclusionary pursuant to Subsection c above.

2. Public water and a community wastewater treatment facility or sanitary sewer connection shall be provided.

3. Maximum density for residential dwelling units shall not exceed 12 units per acre.

4. All common parking facilities shall be located at the rear of all dwelling units or in locations to be approved by the Planning Board. There shall be no parking or parking facilities in the required front yard setback of the property.

5. Townhouses.

(a) With respect to townhouses, the distance between two adjacent buildings side to side shall not be less than 30 feet. The distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet.

(b) No townhouse building shall be designed for or occupied by more than eight dwelling units.

(c) No townhouse building shall exceed 180 feet in length in its longest dimension, provided; however, that buildings may exceed the foregoing length so long as they do not contain more than six dwelling units. In addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.

(d) There shall be no fewer than two exterior wall exposures for each unit, each of which shall be properly placed so as to provide thorough ventilation for each unit.

(e) Individual townhouse lots. Parcel may be subdivided into separate lots. Requirements for individual lots shall be as follows.

Minimum lot area	2,500 square feet
Maximum building coverage	60%
Maximum impervious coverage	70%
Minimum lot width	25 feet
Minimum lot frontage	25 feet
Minimum lot depth	100 feet
Maximum building height	3 stories
Minimum front yard setbacks	5 feet
Maximum front yard setbacks	20 feet
Minimum side yard setback (1/both)	0 feet/0 feet
Minimum rear yard setback	25 feet
Minimum unit width	20 feet
Accessory structures: (Minimum side yard and rear yard setback)	5 feet

6. Multifamily Buildings.

(a) A multifamily building shall not exceed 180 feet in length; in addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.

(b) The distance between multifamily buildings shall be a minimum of 50 feet.

(c) Area and yard setbacks shall comply with Schedule C — Area and Yard Requirements for Zone Districts except as modified under subsections 20-4.20e and 20-4.20i.[3]

[3] Editor's Note: Schedule C is included as an attachment to this chapter.

j. Open Space Plaza Design Standards.

1. One open space plaza shall be provided directly adjacent to a principal structure for each 80,000 square feet of nonresidential building.

2. Open space plaza shall meet the following standards.

(a) Encompass 2% of the lot area but shall not be less than 2,000 square feet in size.

(b) One tree per 1,250 square feet of plaza.

(c) Planting bed area of 150 square feet per 1,250 square feet of plaza.

(d) Pedestrian-scaled lighting must maintain an average of 0.50 foot candle illumination within the plaza.

(e) Benches and picnic tables with one seat or 24 inches of bench area per 200 square feet of plaza.

(f) One trash and recycling receptacle per 2,000 square feet of plaza.

(g) One bike rack per 8,000 square feet of plaza.

(h) Plazas over 8,000 square feet shall provide one piece of public art or water feature.

3. The open space plaza shall be maintained by the property owner.

k. Outside sales display area for commercial uses shall be permitted subject to the following:

1. Display area shall be limited to 50 square feet for every 50 feet of road frontage and not to exceed a total of 200 square feet.

2. Items within the display area shall not exceed a height of six feet.

3. Items shall not be located within the sight triangle of any driveway or roadway intersection or inhibit pedestrian or vehicle circulation.

4. Temporary display areas shall be permitted two nonconsecutive forty-five-day periods per year. Temporary zoning permit shall be required for each period at least 10 days prior to the start of the temporary display area.

l. Phasing.

1. A phasing plan is required within the MTCD zone for each development tract as part of the site plan approval. The phasing plan shall demonstrate that there is a ratio of 40% nonresidential habitable area to 60% residential habitable area before any approval may be granted for the proposed mixed-use development. The permitted residential density is 12 units per acre.

[Amended 5-26-2020 by Ord. No. 005-2020]

2. A construction phasing plan is required as part of a site plan approval. The construction phasing plan shall provide for the completion of non-residential to residential in accordance with the following:

(a) 25% of the Non-Residential Space shall be completed with a certificate of occupancy before any residential units are occupied.

(b) 50% of the Non-Residential Space shall be completed with a certificate of occupancy before 25% of the Residential units are completed and occupied.

(c) 75% of the Non-Residential Space shall be completed with a certificate of occupancy before 50% of the Residential units are completed and occupied.

(d) 100% of the Non-Residential Space shall be completed with a certificate of occupancy before 75% of the Residential units are completed and occupied.

(e) The phasing for the Affordable Housing Units shall be in accordance with the Uniform Housing Affordability Controls (N.J.A.C. 5:80) and § 20-14 of this chapter.

3. The phasing of the commercial and residential may permit the commercial to be completed prior to the residential. The development shall include a site plan for the residential development at the required density for future construction.

m. On-Site Security. On-site security plans consisting of personnel and/or systems shall be included with all applications for development. The plans shall be coordinated and approved by the Director of the Department of Public Safety. The use of personnel or systems shall be based upon the size of the development as determined appropriate by the Director of the Department of Public Safety and as may be modified by the Planning Board.

§ 20-4.21 Affordable Senior Housing (ASH).

[Ord. No. 019-2018]

a. Purpose. This use has been established in recognition of the need to provide affordable housing to meet the unique requirements of senior citizens with respect to design and proximity to open space, recreation and shopping areas. It is intended that this zone provide for the development of affordable age-restricted apartments to address the Township's housing obligation as discussed in the 2018 Housing Element and Fair Share Plan.

b. Special Requirements for Affordable Senior Housing. Affordable senior residential facilities shall be permitted on Block 549, Lots 70,87,102-104 which is property owned by the Township of Upper and which will be made available for affordable senior housing as described in the 2006 Upper Township Master Plan, Housing Element and Fair Share Plan as amended in the 2018 Housing Element and Fair Share Plan. The affordable senior residential facilities shall be in accordance with the following requirements.

c. Principal Permitted Uses.

1. Multifamily dwellings as part of an affordable age restricted development.

d. Permitted Accessory Uses. The following accessory uses shall be permitted in conjunction with the affordable senior residence:

1. Linen service facilities.

2. Housekeeping services.

3. Beautician services.

4. Meeting and social rooms.

5. Snack bars/ice cream parlors.

6. Medical offices for visiting doctors.

7. Indoor and outdoor recreation facilities.

8. Health care administrative and management facilities.

9. Other uses as a customarily associated with and subordinate to the principal permitted use; however, all support facilities, functions and services shall be designed and available only for the use and benefit of resident users of the senior apartments and their guests.

10. Alternative wastewater treatment facilities.

e. Yard and Bulk Requirements.

Minimum lot area	8 acres
Minimum lot width	250 feet
Minimum lot frontage	250 feet
Minimum lot depth	250 feet
Maximum impervious coverage	60%
Maximum building coverage	35%
Maximum building height	45 feet
Minimum building setbacks to tract boundary	50 feet
Maximum density	10 dwelling units per acre
Affordable housing units	100% of the housing units shall be affordable to low and moderate income households; a minimum of 50% shall be affordable to low income households including a minimum of 13% shall be affordable to very low income households
Minimum open space	25%
Minimum parking setback from tract boundary	45 feet
Minimum landscape buffer	35 feet

f. Age Restrictions. All dwelling units within the affordable senior residence shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such an individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise. One manager unit shall be permitted and shall be excluded from these age restrictions.

g. Other Requirements.

1. The tract has access to either an arterial or collector road.

2. The tract must be located within either an existing sewer service area or area proposed for community wastewater treatment facility. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Planning Board.

3. Parking Requirements.

(a) A minimum of one space per each apartment plus one space per employee for each shift.

(b) No parking or standing shall be permitted in the required front yard except for emergency vehicles, drop-off/pick-up areas and visitor parking spaces.

(c) Required parking spaces may be provided by any combination of enclosed or open spaces but in no event shall the parking facilities be more than 150 feet from the building that they are intended to serve.

(d) The arrangement and location of internal roads, garages and parking areas shall be subject to the approval of the Planning Board and shall be designed to insure safe and adequate circulation for senior citizen residents and their guests.

4. Design Standards.

(a) An all-season evergreen buffer shall be provided around the perimeter of the site where the site abuts residential uses, designed in accordance with the standards set forth in Subsection 20-5.8a of this chapter. Existing vegetation shall be considered and can replace the evergreen buffer upon determination of the Township Engineer and approval of the governing board. The required buffer and landscape planting may be located within the tract boundary setback.

(b) The development shall have an architectural theme designed to be attractive and compatible with surrounding land uses. All buildings shall not be designed with flat roofs. Architectural elevations and typical floor plans shall be submitted to the Planning Board for its review and approval as part of a submitted site plan application.

(c) Architectural standards for the affordable senior residence must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for senior citizens and should take into account the desires and needs of older persons for privacy and participation in social and community activities. Provisions should be made to accommodate the limitations that sometimes accompany advanced years and disabilities so the independent living can be sustained. Such provisions shall include but not be limited to the following:

(1) Ramps shall be provided leading to all structures.

(2) Grab bars shall be provided besides toilets, and bathtubs or shower stalls.

(3) Dwelling units shall be designed and constructed so as to be free of architectural barriers, which should prohibit or limit access to or utilization of the dwelling units by physically handicapped or disabled individuals.

(4) The use of stairways shall be minimized.

5. Trash and recycling facilities shall be provided in accordance with Chapter 24 of the Township Revised General Ordinances.

6. The Planning Board shall have the power to grant such exceptions from the above improvement requirements as may be reasonable if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

7. Affordable Housing Requirements. Each applicant for residential development shall provide 100% of all residential units as affordable units as required by the Township's housing plan and as determined by the New Jersey Council on Affordable Housing ("COAH") regulations. To ensure that any units created by this Ordinance No. 019-2018 generate affordable housing credits to be applied to the Township's affordable housing obligations, the affordable units within the Inclusionary Development shall comply with the Round 2 regulations of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") and/or any successor regulations, and all other applicable law, including a requirement that a minimum of 50% shall be affordable to low income households including a minimum of 13% of all affordable units are available to very low income households, and said Inclusionary Development shall be deed restricted for a period of at least 30 years consistent with UHAC.

§ 20-4.22 "WTC" Waterfront Town Center.

[Added 5-26-2020 by Ord. No. 005-2020]

a. Purpose. The purpose of the "WTC" District is intended to promote the redevelopment of the BL England property and surrounding area while promoting the waterfront area. Existing land uses enhancing the waterfront area include restaurants, beach access, and water-related recreational rentals.

b. Goals. The goals of the "WTC" District include an appropriate reuse and/or redevelopment of the existing BL England property.

c. Permitted Principal Uses. The permitted principal uses pertaining to the "WTC" District are as follows:

1. Recreational facilities and entertainment uses.

2. Jet-ski rental facilities.

3. Restaurants.

4. Retail stores and personal service uses.

5. General or professional offices.

6. Hotels and motels, including ancillary uses such as conference halls, banquet rooms, and recreational facilities.

7. Parks, plazas and playgrounds.

8. Building structures and uses owned or operated by Upper Township for municipal purposes.

d. Permitted Accessory Uses. The permitted accessory uses are as follows:

1. Marinas.

2. Recreational and/or open space facilities, including, but not limited to, walkways, courtyards and plazas.

3. Off-street parking and loading located to the rear of principal buildings or appropriately screened from public view.

4. Signage standards shall be compatible to the architectural design of the buildings. Monument signs, wall and hanging signs shall be limited in size and compatible with the pedestrian scale of the center. Pylon signs are prohibited.

5. Street furnishings, planters, streetlights, and exterior, garden-type, shade structures (gazebos).

6. Outdoor cafes associated with permitted restaurants.

7. Fences and walls, which shall complement the architectural style, type and design of the building and the overall project design.

8. Decks, patios and terraces, which shall complement the architectural style, type and design of the building and the overall project design.

e. Permitted Conditional Uses.

1. Electrical Substations.

(a) The total land area devoted to electrical substations shall not exceed 10 acres.

(b) Electrical substations are permitted but must be located at least 1,200 feet from the most waterward side of Lot 76.01 and 1,400 feet from North Shore Road.

(c) Any new connections to the existing or future substations shall be underground.

f. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "WTC" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[1] except as modified or supplemented by this section.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

§ 20-5 GENERAL PROVISIONS.

§ 20-5.1 Accessory Buildings.

[Ord. #006-2002, § 2; Ord. #009-2007, § 2]

a. Accessory Buildings as Part of Principal Buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.

b. Distance Between Adjacent Buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in § 20-4 except that no poultry or livestock shelter shall be erected nearer than 50 feet to any dwelling on the same lot.

c. Height of Accessory Buildings. The height of accessory buildings shall be 20 feet unless otherwise prescribed in § 20-4.

d. Location. An accessory building may be erected in the side and rear yard areas only and shall be set back from the side and rear lot lines as prescribed in § 20-4; except for the following:

1. If the structure is 100 square feet or less and 10 feet in height or less then the structure may be located within five feet of a side or rear yard line except for:

(a) That if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street;

(b) That if erected on a lot whereon front yard does not provide actual legal access, e.g., Garden State Parkway, the accessory building shall be set back from said street to comply with the setback line applying to the accessory structure;

2. No poultry or livestock shelter shall be erected nearer than 50 feet to any lot lines if permitted in the zone.

e. Storage container. Shall be permitted on a lot by permit from the Zoning Official for a period up to 45 days during any 365-day period.

[Added 10-28-2019 by Ord. No. 016-2019]

f. Tractor trailers shall be prohibited. Existing tractor trailers must show conformance with Subsection 20-5.6.

[Added 10-28-2019 by Ord. No. 016-2019]

§ 20-5.2 Appearance of Buildings.

[Ord. #006-2002, § 3]

a. Within any residential district, no building with permitted professional, office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.

b. The Township Committee hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhoods tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas; and tends to deprive the Municipality of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this subsection to prevent these and other harmful effects of uniformity in design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the general welfare of the community.

1. Except as provided in this chapter, not more than one construction permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 150 feet of a dwelling then in existence or for which a construction permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.

2. Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:

(a) The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.

(b) The height and design of the roofs are without substantial change in design and appearance.

(c) The size and type of windows and doors in the front elevation are without substantial differentiation.

3. In addition, there shall be no fewer than two separate basic house designs in every housing development consisting of eight or fewer houses; no fewer than three basic house designs in every housing development consisting of nine to 15 houses; no fewer than five basic house designs in every housing development consisting of 16 to 50 houses; no fewer than six basic house designs in every housing development consisting of 51 to 77 houses; and no fewer than eight basic house designs in every housing development consisting of 78 or more houses.

4. To insure conformity with the provisions of this chapter, no construction permit shall hereafter be issued for more than one dwelling unit in any housing development until the builder shall post or cause to be posted on the map of the subdivision on file with the Construction Official, the type and model of each house for which a construction permit has been or is being issued.

5. The provisions, requirements and standards heretofore set forth shall not be considered met where there is an attempt to make minor changes or deviations from building plans and location surveys, which changes show an obvious intent to circumvent the purpose of this subsection.

§ 20-5.3 Fences.

[Ord. #006-2002, § 2; Ord. #009-2007, § 2; Ord. No. 011-2018]

a. In the "R," "R2," "AR," "MTCD," "TC," "TCC," "RR," "RC," "C," "PV," "RD," "F-3," "F-10," "F-25," "TV," "TR," "WTC" Zones. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals. Fences or walls permitted under this subsection shall not be erected or altered to be over four feet in height in the front yard areas and six feet in height in the side and rear yard areas.

[Amended 5-26-2020 by Ord. No. 005-2020]

b. "CM," "CM2," "CM4," CMP," "U" Zones. No fence shall be erected or altered to be over eight feet in height. Fences allowed under this subsection may be topped with barbed wire. When fences are topped with barbed wire the barbed wire shall be included in the height measurement. No barbed wire is allowed in any zone within the area of the front yard setback.

c. Any property in any zone that qualifies as a farm under the Farm Land Assessment Act of 1964. N.J.S.A. 54:4-23.1 et seq. and is receiving a Farm Land Assessment from the Tax Assessor may erect or alter fences to conform to Subsection b above.

§ 20-5.4 Grading.

[Ord. #006-2002, § 2]

All lots being filled shall be cleared of all debris including brush and tree stumps and be filled with clean fill and/or top soil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties. Moreover, no person, firm or corporation shall strip or otherwise remove fill or top soil from any land area in the Township unless such activity is in accordance with all applicable Township ordinances.

§ 20-5.5 Lighting and Fire Safety.

[Ord. #006-2002, § 2]

a. Lighting. To control light spillage off-premises onto adjacent properties or streets, the maximum vertical illumination, when measured at a point five feet within the adjacent property line at a height of five feet and facing the light fixture(s), shall be no greater than 0.1 vertical footcandle.

[Amended 10-28-2019 by Ord. No. 016-2019]

b. Fire Safety.

1. No site plan approval shall be granted for any nonresidential structure or residential structures with three or more dwelling units or other multiple occupancy residential structures, and no major subdivision approval shall be granted for any residential subdivision not served by a public water distribution system and fire hydrants, unless the following fire safety water supply facilities are provided, or payments to the Township Fire Safety Capital Improvement Fund are made as required below:

(a) Internal sprinkler systems as approved by the Construction Official; or

(b) Underground storage cisterns with standpipes, including two gallons of underground storage per square foot of floor area; or

(c) One eight-inch cased well equipped with a submersible pump (750 gpm or better) and fire hydrant per 10,000 square feet of floor area, or any combination of the above; or

(d) Such other water points as may be recommended by the local Fire Chief and approved by the Planning Board in response to an evaluation of the unique characteristics of each proposal.

2. Payment in Lieu of Fire Safety Water Supply Facilities. Where any nonresidential structure or any residential structure created through a major subdivision is proposed for development without a public water distribution system with fire hydrants, or other water points as approved by the local Fire Chief, the applicant for such permit shall deposit with the Construction Official a fee to be used as a fair share contribution to the Township Fire Safety Capital Improvement Fund.

To determine the fair share of payment in lieu of fire safety water supply facilities, the Planning Board should refer to the capital budget of the local Fire District in which the development or construction giving rise to such contribution shall occur and should request a recommendation from the local Fire Chief of the Fire District. The Planning Board shall, at its sole discretion, inform the application of the amount of the required contribution.

3. No Certificate of Occupancy shall be granted to permit any occupancy until required fire safety improvements are installed and functioning or any required fees are paid to the Fire Safety Capital Improvement Fund.

4. Any payment made pursuant to subparagraph 2 above, is to be used as a contribution to the Township Fire Safety Capital Improvement Fund and shall be utilized only within the Fire District in which the development or construction giving rise to such contribution shall occur.

§ 20-5.6 Nonconforming Uses, Structures and Lots.

[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #009-2007, § 2; Ord. #008-2011; Ord. #023-2011; Ord. #006-2013; Ord. #008-2014 § 2; Ord. #011-2016 § 2]

a. The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is nonconforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located except as provided by law.

b. Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.

c. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot provided all other provisions of this chapter and other applicable laws are met.

d. Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. Any nonconforming use may be restored or repaired in the event of partial destruction thereof, provided such restoration or repair neither increases the nonconformity nor creates a new violation. An existing nonconforming structure may be physically expanded by no more than 50% of the building area devoted to such use as of December 6, 1976, provided building setback and yard requirements and parking requirements are met and that the plan for expansion receives site plan approval by the Planning Board.

e. Any campground use excepting those in the Pinelands Area, existing as a conforming use immediately prior to the date of adoption of this chapter and which has been made a nonconforming use by the provisions of this chapter may be physically expanded as a right by no more than 50% of the land area currently devoted to such use provided that the use is not changed; that the tract area is not enlarged via the purchase of additional lands; that the site plan for such expansion receives approval by the Planning Board in accordance with the provisions of Chapter 23, Site Plan Review and that all applicable provisions of this chapter and all other Township ordinances are met.

f. Any lot upon which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

g. Any lots situated in the "AR," "C," "RR," "R," "R2," "TV," "TR," "PV," "RD," "F3," "F10," or "F25" Districts which:

1. Does not meet any one or more of the bulk standards shown on Schedule C[1] of the district in which the lot is situate, as defined by this chapter, as amended, and is a conforming use in the district; and

[1] Editor's Note: Schedule C, referred to herein, is included as an attachment to this chapter.

2. Has a minimum frontage and width of 100 feet and a minimum area of 30,000 square feet; or has a minimum frontage of 120 feet and a minimum area of 20,000 square feet; or is a developed residential lot that has an existing legally occupied structure; may have a construction permit issued for use permitted in the zoning district provided each of the following conditions are met:

(a) Such a lot shall have been created by a subdivision plat or deed duly recorded in the Office of the Cape May County Clerk on or before August 31, 1986 or if situated in the "AR" District on or before October 9, 2007, which plat or deed shall clearly designate the lot as an individual parcel of land having either a minimum frontage and width of 100 feet and a minimum area of 30,000 square feet or a minimum frontage and width of 120 feet and a minimum area of 20,000 square feet; or is an existing developed lot; and

[Ord. #011-2016 § 2]

(b) Building coverage will not exceed 22% of lot area; and

(c) Parking requirements as defined by this chapter, are met; and

(d) Side and rear setback provisions of principal and accessory structures are reduced by the same percentage that the area of such lot bears to the zoning district requirements; provided however, that no principal side yard shall be less than 10 feet, except that in the "RR" District, no principal side yard shall be less than six feet and that no principal rear yard shall be less than 25 feet, except that in the "RR" District, no principal rear yard shall be less than 15 feet. No accessory side or rear yard setback shall be less than five feet; and

(e) Front yard depth and setback shall conform to those of adjoining property owners.

(f) Within the Pinelands Area, the owner of a parcel of land of an acre or more may construct a residential dwelling which will be the principal residence of the property owner or a member of the immediate family of the property owner, provided that;

(1) The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;

(2) The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and

(3) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

(g) Impervious coverage will not exceed 70% of lot area; and

(h) There shall be no requirements to provide tree preservation or landscape buffer; and

(i) A developed residential lot that has an existing legally occupied structure may be reconstructed or replaced, if paragraphs (b) through (h) above can be met.

h. Notwithstanding the use restrictions contained in § 20-4, any lawful use existing in the Pinelands Area on January 14, 1981, other than intensive recreation facilities and those uses which are expressly limited in Subsection 20-5.14 may be expanded provided that:

1. The use was not abandoned or terminated subsequent to January 14, 1981.

2. The expansion of the use meets all of the minimum standards of Subsection 20-5.15; and

3. The area of expansion does not exceed 50% of the floor area, the area of the use, or the capacity of the use, whichever is applicable, as of January 14, 1981.

i. Structural alterations to permitted existing nonconforming uses and structures solely to elevate the structure to conform to the Flood Hazard Ordinance contained in Chapter 18 including but not limited to changes to height, stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor shall not be considered an expansion of a nonconforming use or structure, and shall therefore be permitted without variance relief under N.J.S.A. 55d-70 providing the following:

1. There is no expansion in the existing footprint of the structure except for stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor.

2. Stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor shall not extend any closer than one foot to the property line.

3. The raising of the structure shall be limited to the minimum required to meet the requirements of Chapter 18.

j. Any lot in a residential zoning district, except for lots situated in the "PV," "RD," "F3," "F10" and "F25," not meeting the zoning requirements for a single-family residential unit may have a construction permit issued for an affordable housing single-family home provided that all of the following conditions are met:

1. The owner of the lot does not own any adjacent land and cannot either sell the lot to an adjacent owner or purchase adjacent land. The following documentation shall be submitted with zoning permit application to determine if the subject lot is an isolated lot which cannot acquire more land or be sold to an adjacent owner:

(a) Real estate appraisal of the property by a licensed real estate appraiser determining its fair market value as a single-family affordable housing building lot as defined in Subsection j2 below with the home to be constructed in accordance with the bulk standards contained in Subsection j3 to 17 below; and

(b) Letter offering to buy adjacent vacant property and/or sell your property to an adjacent owner at said fair market value pursuant to Subsection j1(a) above; and

(c) Provide evidence by copy of the letter sent with the return receipt requested sent to all adjacent property owners; and

2. The lot shall be deed restricted in perpetuity such that the residential unit shall be occupied by and affordable to households as defined by the Affordable Housing Rules as promulgated from time to time by the State of New Jersey, such that as of the adoption of this Subsection 20-5.6j, adopted November 14, 2011, said deed restriction shall require the property be occupied by households earning no more than 30% of the median income for Region 6 as adjusted for family size (Paragraph originally j was adopted November 14, 2011, as Subsection 20-5.6g3 and readopted May 27, 2014 as Subsection 20-5.6j); and

3. Said lot shall contain a minimum of 4,000 square feet; and

4. Building coverage shall not exceed 25%; and

5. Impervious coverage shall not exceed 50%; and

6. Parking requirements as defined by this chapter are met; and

7. Minimum side yard setback shall be six feet; and

8. Minimum rear yard setback shall be 15 feet; and

9. Minimum lot frontage and width shall be 40 feet; and

10. Front yard depth and setback shall conform to those of adjoining property owners; and

11. Maximum accessory structure coverage shall be 5%; and

12. Minimum accessory structure rear or side yard setback shall be five feet; and

13. Maximum building height shall be 20 feet; and

14. Minimum building size shall be 800 square feet; and

15. Maximum gross floor area shall be 1,200 square feet; and

16. Maximum number of bedrooms shall be no more than two bedrooms; and

17. Roof slope shall be a minimum of 4:1 slope.

§ 20-5.7 Off-Street Parking.

[Ord. #006-2002, § 2]

a. General Provisions.

1. Lighting. All parking areas providing five or more parking spaces shall be lighted in accordance with the provisions specified in Subsection 20-5.5 of this chapter.

2. Surfacing and Curbing. All on-site, off-street parking and loading areas and access driveways shall be paved and curbed as recommended by the Township Engineer and approved by the Planning Board as part of the site plan approval.

3. Location of Parking Spaces. In general, all required off-street parking spaces shall be located on the same lot or premises as the use served. Exceptions are as follows:

(a) In the case of any nonresidential use, the required parking space may be provided on a lot located within 1,500 feet of the nearest boundary of the lot on which the building or use to which the spaces relate is located, provided that such spaces shall be in the same ownership as or under lease by the owner of the use to which they relate; shall be subject to restrictions adequate to ensure that the required number of spaces will be available throughout the life of such use; and shall be located only in a district in which an off-site parking lot is permitted.

(b) The Planning Board at the time of site plan review may authorize the collective provision of off-street parking facilities for two or more buildings or uses and the use of an off-site community parking lot, a commercial parking lot or a lot owned or leased by the Township to fulfill the required spaces for a commercial or office use. Such authorization shall be subject to the following:

(1) The total number of spaces required for the using buildings or uses collectively shall not be less than the sum of the requirements for the various uses computed separately, unless it is demonstrated to the satisfaction of the Planning Board that adequate space will be available because of turnover or the under use of such lot because of varying periods of peak demands or other provisions.

(2) The Planning Board shall require a written agreement or contract satisfactory to the Board Solicitor between the owner of the use and the community parking facility or such other evidence to demonstrate to the satisfaction of the Board that the required number of parking spaces will be continuously available throughout the life of the use it is proposed to serve.

(3) The provisions of this subsection shall apply only where the off-site facility is within 1,500 feet of the boundary of the lot of the generating use.

(4) The Board shall be guided by the standards for review in Subsection 20-5.8 hereof and may prescribe such further standards or requirements with respect to the adequacy and layout of the parking facility as it may deem appropriate in carrying out the objectives of this section.

4. Screening and Landscaping of Parking Lots.

(a) Screening of parking lots. Parking lot buffers may be comprised of earth berms, fences, and landscaping which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first floor level in adjacent buildings, to prevent the shining of automobile headlights into the yards of adjacent property and to screen parked automobiles from view of those traveling on public rights-of-way. In general, this buffer shall provide a visual screen at an elevation no less than six feet above the finished grade of the parking areas. In addition, shade trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.

(b) Interior parking lot landscaping.

(1) Interior parking lots with 10 to 39 parking spaces shall provide landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking. Such landscaping shall be provided in areas of not less than 150 square feet. To provide for safe visibility, shrubbery shall be of less than three feet and shade trees shall have foliage no lower than a height of seven feet.

(2) Interior parking lots containing 40 or more parking spaces shall provide internal landscaping equal to or exceeding 5% of the gross square footage of the paved area of the parking lot. No row of parking spaces shall be permitted to exceed 20 spaces without interruption by a minimum ten-foot wide landscaped island. Every fourth double loaded bay of parking shall be separated with a landscaped ten-foot wide separation island. Each island should be planted with low maintenance evergreen and deciduous shrubs and shade trees. Plantings shall be maintained so that shrubbery does not grow to a height of more than three feet and that the crown of the shade trees does not grow less then seven feet above grade level.

(c) Plantings required within the parking areas are exclusive of other planting requirements such as street trees and perimeter buffers.

(d) An underground irrigation system shall be provided.

(e) To prevent conflicts with the opening and closing of automobile doors, all plantings in parking islands located adjacent to or abutting parking stalls shall be set back two feet from the curb. To reduce damage from automobile overhang and snow plowing, all perimeter plantings and all plantings located in separation islands shall be set back three feet from the curb.

(f) All trash enclosures located within or on the perimeter of the parking lot shall be screened with deciduous and evergreen material.

(g) All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, planting, or combination of the three and shall not be less than four feet in height.

5. Type of Facility. Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, the structure shall adhere to the proper accessory or principal building setbacks, as applicable. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Except for detached and two-family dwelling units, 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 motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Angle of Parking Space	One-Way Aisle	Two-Way Aisle
90°	22 feet	25 feet
60°	18 feet	20 feet
45°	15 feet	20 feet
30°	12 feet	18 feet

b. Specific Requirements. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

1. Detached and two-family dwelling units shall each provide two spaces per dwelling unit or as required by Residential Site Improvement Standards (N.J.A.C. 5:21).

2. Churches shall provide one space per every four permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.) In the case of an area for temporary seats, one space per every 60 square feet of floor area devoted to patron use, as defined in the Uniform Construction Code.

3. Golf courses shall provide two spaces for each hole, plus one space for each employee.

4. Local retail and service activities, banks and offices shall provide parking at a ratio of five spaces per 1,000 square feet gross floor area.

5. Theaters shall provide one space for every four seats within a shopping center. One space for every three seats.

6. Bowling alleys shall provide four spaces per bowling lane.

7. Service stations shall provide at least six spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.

8. Automobile, camper and travel trailer sales: 10 spaces for customer convenience separated from vehicular displays and not used by employees.

9. Car washes: Three access lanes for each mechanized car wash entrance, with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for every two employees. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.

10. Hotels and motels shall provide 1.25 spaces per room.

11. Manufacturing plants, industrial plants and wholesale distribution centers and warehouses shall provide parking at the ratios of one space for every 1,000 square feet of gross floor area used for inside storage and warehousing, plus one space for every 700 square feet of gross floor area used for manufacturing, plus one space for every 200 square feet of gross floor area used for offices. Additionally, one space shall be provided for every vehicle owned and/or operated by the use operating from the site.

12. Auto body shops, welding shops and auto repair garages shall provide parking at a ratio of one space for every 700 feet of gross floor area used for the auto body, repair or welding work plus one space for every 200 square feet of floor area used for office space. Additionally, one space shall be provided for every vehicle owned or operated by the use operating from the site.

13. Marinas, boat yards and yacht basins shall provide parking on the following basis:

(a) One space for every four watercraft in storage, dry dock or similar area; plus one space for every 200 square feet or fraction thereof of floor area used for offices or retail sales.

(b) One space shall be provided for every two watercraft in water.

(c) One space shall be provided for each employee on the largest shift.

(d) Sufficient area for the temporary storage of auto-towed trailers.

(e) In any event, each use shall provide a sufficient number of spaces in appropriate locations so that no driveway, aisle, fire lane or street right-of-way is used at any time for parking.

14. Restaurants shall provide one space for every 50 square feet of net floor area devoted to patron use, as defined by the Uniform Construction Code.

15. Dental and medical offices shall provide seven spaces for every 1,000 square feet of gross floor area.

16. Gasoline stations, without service bays, shall provide one space for every employee on the largest shift, but in no case less than three spaces.

17. Taverns shall provide one space for every 25 square feet of net floor area devoted to patron use, as defined by the Uniform Construction Code.

18. Quick-food establishment, deli and pizzeria shall provide one space per 30 square feet of net floor area devoted to patron use.

19. Schools. Elementary, nursery, junior high, preschool shall provide two per classroom plus one space for each staff employee (not including teachers) plus 20% of the maximum student population for visitors. High school and prep school shall provide two per classroom plus one space for each staff employee (not including teachers) plus 25% of the maximum student population for visitors plus one space for every eight students in grades 9 through 12.

20. Studio, instructional (art, music, dance), health spa, fitness center shall provide one space for each 100 square feet used for instructional or patron use.

21. Other building or use not specified: adequate parking as recommended by the Township Engineer and approved by the Planning Board as part of the site plan approval.

c. Handicapped Parking.

1. Every parking lot containing two or more spaces shall provide handicapped parking spaces calculated according to the following schedule or in conformance with the N.J. Barrier Free Access Code, whichever is greater. Decimals resulting from the following calculations shall always be rounded up to the next highest whole number. Handicapped spaces shall be in addition to any other parking requirements required under this section.

Minimum Required
Total Parking Spaces	Handicapped Spaces
2 to 19 spaces	1 space
20 to 49 spaces	2 spaces
50 or more spaces	3 spaces plus an additional 2% of the total parking spaces provided

2. Handicapped spaces shall be located in close proximity to principal uses and shall be provided barrier free access to the same. Where multiple principal uses are to be served by a common parking lot, handicapped spaces shall be proportionately distributed throughout the parking lot.

3. Handicapped spaces shall be marked by both a "handicapped parking" sign and penalty sign, and by pavement markings as prescribed by the State of New Jersey.

4. Handicapped parking spaces, as provided for above shall be:

(a) Not less than 12 feet in width if the spaces are perpendicular to an uncurbed sidewalk on the same grade as the parking space; or

(b) Not less than 13 feet in width if the spaces are perpendicular to a curbed sidewalk or to a sidewalk not on the same grade as the parking space. The thirteen-foot width of the parking space should be clearly divided into an eight-foot parking space with an adjacent five-foot access aisle leading to a ramp up to the sidewalk. Two adjacent handicapped parking spaces may use the same five-foot access aisle.

§ 20-5.8 Performance Standards for All Uses.

[Ord. #7006-2002, § 2; Ord. #004-2007, § 2; Ord. #009-2007, § 2; Ord. #004-2015 § 3]

An application for subdivision or site plan shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no Certificate of Occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. It shall be the burden of the applicant to prove beyond a reasonable doubt that the proposed use meets the standards required by this chapter.

a. Landscape Buffers. Landscape buffers are plantings, berms or grading and fences or walls provided within the buffer area as designated in § 20-4, or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the Planning Board or Zoning Board of Adjustment should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The Planning Board or Zoning Board of Adjustment may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:

1. Nuisance Landscape Buffer. This type of landscape buffer is appropriate for buffer areas provided between nonresidential or residential uses and adjacent nonresidential or different residential uses or zones where a continuous visual screen is appropriate. The following standards shall apply:

(a) All existing trees and understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Planning Board or Zoning Board of Adjustment deems it appropriate, supplemental planting should be provided to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan.

(b) Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of four feet to eight feet, or as necessary to provide a visual screen, with the approval of the Planning Board or Zoning Board of Adjustment. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Planning Board or Zoning Board of Adjustment. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity
Evergreen Trees	14	Double Alternating Row
Shade Trees	4
Ornamental Trees	3
Shrubs	28

2. Filtered Buffer. This type of landscape buffer is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular, this type of buffer shall be provided around the perimeter of all parking areas, internal site access roads or lanes and the perimeter of a site which abuts a lane, street, road, highway or an adjacent site and a complete visual screen is not appropriate. A buffer shall be provided to screen unsafe distractions such as glare from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:

(a) All existing trees and understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Planning Board or Zoning Board of Adjustment deems it appropriate, supplemental planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan.

(b) Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two feet to four feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and are esthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Planning Board or Zoning Board of Adjustment. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity
Evergreen Trees	13
Shade Trees	4
Ornamental Trees	6
Shrubs	55

3. Windbreak/Heavy Screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop wind born debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in Subsection 20-5.8a1, Nuisance landscape buffer, are not sufficient at the discretion of the Planning Board or Zoning Board of Adjustment. The following standards shall apply:

(a) Provide a fence, wall or planting which will create a dense complete visual screen. The height of the fence, wall or planting should be designed relative to the facility being screened and shall be subject to the approval of the Planning Board or Zoning Board of Adjustment. The general design, form and materials of fences or walls should relate to the overall design and the materials utilized for other structures on the site or the neighborhood and are esthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.

(b) If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and the views from adjacent areas and shall be subject to the approval of the Planning Board or Zoning Board of Adjustment.

(c) The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.

4. Reverse Frontage Buffer. This type of buffer shall be required where the rear yards of residential units and/or lots face or front on a roadway and when any yard of a residential unit or lot faces or fronts on an expressway or arterial roadway. The following landscape architectural treatment shall be provided to screen and separate private residential spaces from the roadway.

(a) All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Planning Board or Zoning Board of Adjustment deems it appropriate, supplemental planting, berms or walls should be specified to provide a complete visual screen. The need for and the height and design of supplemental berms or walls must respond to the deficiencies of existing vegetation and the proximity of the residential unit to the road. If the Planning Board or Zoning Board of Adjustment deems it appropriate berms or walls may be required. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan.

(b) Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fencing or walls as appropriate. Berms, fences or walls shall be provided at a height of three feet to eight feet averaging five feet or as necessary to provide a visual screen at the discretion of the Planning Board or Zoning Board of Adjustment. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. The sidewalk layout shall be integrated with the buffer and the overall design and adjacent development when appropriate. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Planning Board or Zoning Board of Adjustment. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity
Evergreen Trees	10	Double Alternating Row
Shade Trees	6
Ornamental Trees	5
Shrubs	40

5. Residential Buffer. This type of buffer is appropriate buffer between two adjacent residential uses which is provided to soften the impact of the land use on the community. Properties may provide additional buffer but is not required to provide such buffer as long as they provide the minimum vegetation in Subsection (b) below.

(a) All existing trees should be preserved and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation.

(b) Areas void of significant vegetation shall receive landscape plantings as follows for every 100 linear feet of buffer area:

Type	Quantity
Evergreen or Shade Tree	2
Ornamental Tree	2
Shrubs	5

6. General Landscape Standards. All areas not occupied by structures, impervious cover and natural vegetation shall be maintained and planted as follows:

(a) Area shall be kept clean of all debris, rubbish, weeds and tall grass (over 12 inches in height).

(b) Area shall be planted with grass or ground cover to prevent erosion of soil in accordance with the Cape-Atlantic Soil Conservation District Standards.

(c) An underground irrigation system shall be provided for nonresidential properties.

(d) Landscape areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.

(e) Landscape buffer plan material shall be so placed that at the maturity, the plant will be no closer than three feet from any street.

(f) The buffer area shall not be broken unless specifically approved by the Planning Board or Zoning Board of Adjustment.

(g) Plant material within the buffer shall be the following: a minimum height of six feet to eight feet for evergreen trees, two feet to 2.5 feet for shrubs and a minimum caliper of one inch to 1.5 inches for ornamental trees and a minimum caliper of two inches and 2.5 inches for shade trees.

(h) The plant material shall be of a species common to the area, be of nursery stock, shall be free of insect and disease, and shall be otherwise conform to the landscaping provisions of Subsection 20-5.14c which are applicable within the Pinelands Area.

(i) No roads, parking or buildings or structures shall be located within prescribed landscape buffer with the exception of access driveways serving the development, sidewalks and bike/jogging paths.

(j) Off-street parking lots shall be landscaped in accordance with Subsection 20-5.7a4.

(k) At a minimum 10% of the lot area shall be landscaped. The landscaping shall be located in protected areas along walkways, in center islands, adjacent to the building and in all irregular spaces not used for parking. The landscape areas shall include a combination of ground cover, shrubbery, ornamental plantings and shall include one canopy tree per 1,225 square feet of required landscape area. Said area shall be in addition to the required landscape buffer requirements.

[Ord. #004-2015 § 3]

b. Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit, in the case of multi-family dwellings, as the result of the operation of such equipment. Electronic equipment shall be in accordance with FCC standards.

c. Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts, or streets.

d. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other water courses.

e. Noise. Noise levels for commercial and industrial enterprises shall be designed and operated in accordance with the regulations established by the New Jersey State Department of Environmental Protection as they are adopted and amended.

f. Odor. Odors shall not be discernible at the lot line or beyond to such an extent that they become a nuisance.

g. Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces; nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.

h. Vapor. No use shall produce smoke, ash, dust, fumes, vapors, gases or other forms of air pollution which could cause damage to the health of any person, animal or vegetation or which could cause excessive soiling.

i. Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is located.

j. Vegetation and Landscaping.

1. 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.

2. Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a) Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(b) Revegetate or landscape areas temporarily cleared or disturbed during development activities.

3. All applications for major subdivision or site plan shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection j4 below.

4. In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection j3 above or required pursuant to Chapter 19, Subsection 19-6.5c, 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 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. 7:50-6.25 shall be used for revegetation or landscaping purposes within Pinelands Management Areas. 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.

5. All forestry activities shall comply with Subsection 20-5.14e except that areas outside of the Pinelands Management Area are not required to receive a Certificate of Filing from the Pinelands Commission.

6. Development Prohibited in the Vicinity of Threatened or Endangered Plants. No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants as designated by the Pinelands Commission in N.J.A.C. 7:50-6.27 and by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

7. Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with Subsection 19-7.16. In any application to the Zoning Board of Adjustment for variance relief not involving a site plan or subdivision the Zoning Board of Adjustment may require an environmental assessment pursuant to Subsection 19-7.16.

8. If the project site contains threatened or endangered plants then a habitat evaluation shall be performed in accordance with N.J.A.C. 7:7E-3C.2 and shall include plan for habitat preservation and protection.

k. Fish and Wildlife.

1. No development shall be carried out 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 animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

2. Protection of Wildlife Habitat. All development shall be carried out in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Township of Upper.

3. Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with Subsection 19-7.16. In any application to the Zoning Board of Adjustment for variance relief not involving a site plan or subdivision the Zoning Board of Adjustment may require an environmental assessment pursuant to Subsection 19-7.16.

4. If the project site contains threatened or endangered animals and/or habitat for threatened or endangered animals then a habitat evaluation shall be performed in accordance with N.J.A.C. 7:7E-3C.3 and shall include plan for habitat preservation and protection.

§ 20-5.9 Principal Use.

[Ord. #006-2002, § 2; Ord. #004-2015 § 3; Ord. No. 011-2018; 5-26-2020 by Ord. No. 005-2020]

a. Structures. No more than one principal structure shall be permitted on one lot, except as allowed in the MCTD, TC, TCC, WTC, CM2, CM4 and CMP or otherwise specified for in a particular zoning district.

b. Use. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, recreational development or agricultural lands and as allowed in the MTCD, TC, TCC, WTC, CM2, CM4 and CMP zones or otherwise specified for in a particular zoning district.

§ 20-5.10 Signs.

[Ord. #006-2002, § 3; Ord. #009-2007, § 2; Ord. No. 011-2018]

a. Purpose and General Provisions. The purpose of this subsection is to encourage the effective use of signs as a means of communication, to maintain and enhance the aesthetic environment and the Township's ability to attract economic development and growth, to improve vehicular and pedestrian safety, and to enable the fair and consistent enforcement of the regulations of this subsection.

This subsection is not designed to limit or prohibit speech, but to regulate the conduct of the message. The Township of Upper's sign regulations are content neutral.

No sign shall be erected, altered or replaced which is not in accordance with the standards established in this chapter. The erection of any sign shall require a construction permit, except as noted herein. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, other places of business, other signs or windows of the buildings on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.

No billboards or off-site commercial advertising sign shall be erected or replaced, except in the Pinelands Area as provided in Subsection 13 below. Within the Pinelands area, no existing billboard or off-site commercial advertising sign not in conformance with Subsection 13 below shall continue beyond January 14, 1991.

1. Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited. Electronic message signs shall not continuously stream or flash messages and/or pictures. Messages shall be static and shall not change for at least one minute.

2. Freestanding signs, where permitted, shall be supported by one or more columns or uprights which are firmly embedded in the ground, except within the MTCD, WTC, TC and TCC zone districts, pole signs shall not be permitted. Exposed guy wires, chains or other connections shall not be made in permanent support of the freestanding signs.

[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]

3. Height. No freestanding or attached sign shall be higher at any point than the roofline of the building except that no sign shall exceed any lesser height if particularly specified in § 20-4 or in this Subsection 20-5.10. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as, but not limited to, driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.

4. Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall comply with the appropriate State Uniform Construction Codes. (See Subsection 20-5.5 for additional standards.)

5. Information and Direction Sign. Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property," "no hunting" or similar signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area.

6. Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. Within the Pinelands Area, signs shall be of a character and composition to be harmonious with the scenic value of the Pinelands to the maximum extent practicable.

7. Portable signs shall conform to the following:

(a) Each conforming commercial lot shall be permitted to have one portable sign.

(b) Sign shall be of professional grade materials and quality.

(c) Shall not be illuminated or electronic.

(d) Sign shall not be located in the sight triangle.

(e) Sign shall be removed from display after business hours. Portable sign may be one of the following types:

(1) A-Frame sign with a maximum dimension of two feet by three feet.

(2) Yard sign with a maximum dimension of two feet by two feet.

(3) Variable message sign with a maximum dimension of two feet by three feet.

(f) Shopping Center shall be permitted one portable sign per business. Sign shall be permitted in front of business on sidewalk, but not placed to block pedestrian access. Sign shall not be permitted along the roadway of a Shopping Center.

8. Real Estate Signs. Two signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be permitted. Total area of all signs not to exceed 32 square feet. (Two sides may be used.) Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and 15 days after the legal closing. All such signs do not require a construction permit.

9. Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed; but the area shall not include any supporting framework and bracing incidental to the display itself.

10. Signs and sign structures of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.

11. Signs with two exposures shall be measured for area by using the surface area of one side of the sign only. Both sides may be used.

12. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than eight inches from the building.

13. Billboards and Off-site Commercial Advertising Signs. No billboard or outdoor off-site commercial advertising signs, other than signs advertising agricultural commercial establishments, shall be permitted. Billboard or outdoor off-site commercial advertising signs advertising agricultural commercial establishments, shall be permitted provided that:

(a) No more than two signs shall be placed in any one direction along each road directly approaching the establishment; and

(b) Sign shall not exceed 32 square feet in area.

(c) Shall be permitted a portable sign in accordance with Subsection a7 above.

(d) Portable sign shall only be permitted during season that the commercial establishment is open.

14. Banners shall be permitted on walls, fences or supported by posts. Banners located on posts must meet the setback requirements for freestanding sign. Banners shall not exceed the total sign area permitted on the premises for a permanent wall signs. Such banners shall be permitted in addition to any permanent signage allowed. Banners are permitted for two, thirty-day periods within a calendar year. The Zoning Officer shall be notified in writing before a banner is displayed.

15. Temporary signs for advertising contractor services shall be permitted in accordance with the following:

[Added 10-28-2019 by Ord. No. 016-2019]

(a) Sign may be placed for a period of 30 days after a certificate of occupancy or approval has been issued (permanent or temporary) or 30 days for work that does not require a construction permit at a residence where the work is being performed.

(b) No more than five signs may be placed throughout the Township at any given time for a single contractor.

(c) The sign shall be nonilluminated, not larger than four square feet in area.

(d) Only one contractor sign may be placed at any given residence unless the work being performed is in conjunction with a construction permit and all signs must be placed on a common sign board no larger than 32 square feet in size.

(e) The Zoning Officer shall be notified in writing before the sign is placed at the residence.

16. Flags. Decorative or informational flags such as "open" or "welcome," with a limit of one flag per business. Flags and flagpoles shall not be in the right-of-way.

[Added 10-28-2019 by Ord. No. 016-2019]

b. Permitted Signs. The following signs are permitted for uses as specified in § 20-4 of this chapter for the various zoning districts:

1. All Residential Districts.

(a) Churches and schools: One freestanding sign not exceeding 20 square feet in area and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot lines plus one attached sign not exceeding 25 square feet in area.

(b) Golf courses and public utilities: One freestanding sign not exceeding 12 square feet in area and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot lines.

(c) Residential agriculture: Agricultural commercial establishments are permitted one sign permanently attached to the structure and not more than four temporary signs. The attached permanent sign shall not exceed 25 square feet in area and shall not exceed the height of the establishment. Each temporary sign shall not exceed an area of four square feet, a height of five feet, and shall be set back from all street and lot lines at least 10 feet. Temporary signs shall be permitted during the months of May through October. See Subsection 20-5.10a13 concerning off-site sign provisions for agricultural commercial establishments in the Pinelands Area of the Township.

(d) Campgrounds: One freestanding sign which shall not exceed an area of 32 square feet and a height of 10 feet. The sign shall be set back 15 feet from all street lines and 25 feet from all side lot lines. The sign may be illuminated.

(e) Home occupations: One unlighted or interior white lighted name plate sign identifying the home occupation, not exceeding six square feet in area, and either attached or freestanding. (If freestanding, the sign shall not exceed five feet in height and shall be set back at least 10 feet from all street rights-of-way and lot lines.

(f) Residential signs: One freestanding residential sign shall be permitted per premises.

2. Resort Commercial "RC" and Tuckahoe Village "TV" District.

(a) Attached signs: One unlighted or lighted sign for each occupant of the building.

The total area of the sign shall not exceed 10% of the area of the face of the wall upon which such sign is attached or 16 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half of the sign on the front of the building.

(b) Freestanding signs: One unlighted or lighted freestanding sign for each principal building or group of attached principal buildings.

(1) Height: 35 feet or the height of the principal building, whichever is shorter.

(2) Setback: 10 feet from the street line or lot line. Where existing development or roadway alignment prevent adequate visibility of signs meeting the setback requirements of this section, signs may be constructed up to the street line provided that any such sign is located at least eight feet above grade and supported by no more than two, six-inch diameter supporting members and further provided that no portion of any sign extends beyond the street line.

(3) Area:

Lot frontage: <150 feet Not to exceed 32 square feet.

Lot frontage: >= 150 feet Not to exceed 50 square feet.

3. Commercial "MTCD," "TC," "TCC," "WTC," "CM2," "CM4," and "CMP" District (lot size under three acres).

[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]

(a) Attached signs: one unlighted or lighted sign for each occupant of the building. The total area of the sign shall not exceed 10% of the areas of the face of the wall upon which such sign is attached or 30 square feet, whichever is smaller. Where building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building.

(b) Freestanding signs: One unlighted or lighted freestanding sign for each principal building or group of attached principal buildings (except auto service stations) except all freestanding signs in the MTCD, WTC, TC or TCC zones shall be monument signs.

(1) Height: 35 feet or the height of the principal building, whichever is shorter except within the MTCD, WTC, TC or TCC zone where the height shall not exceed eight feet.

(2) Setback: At least 20 feet from all street lines and 50 feet from all side property lines. Where existing development or roadway alignment prevent adequate visibility of signs meeting the setback requirements of this chapter, signs may be constructed up to the street line, provided that adequate sight distance is provided and further provided that no portion of any sign extends beyond the street line.

(3) Area:

Lot frontage: <150 feet not to exceed 32 square feet.

Lot frontage: >= 150 feet not to exceed 75 square feet.

4. Commercial "MTCD," "TC," "TCC," "WTC," "CM2," "CM4," and "CMP" District (lot size of three acres).

[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]

(a) Attached signs: One unlighted or lighted sign for each occupant of the building. The total sign area of the sign shall not exceed 10% of the areas of the face of the store wall upon which such sign is attached or 75 square feet, whichever is smaller. Where building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building.

(b) Freestanding signs: One unlighted or lighted freestanding sign for each principal building or shopping center except all freestanding signs in the MTCD, WTC, TC or TCC zones shall be monument signs.

(1) Height: 35 feet or the height of the principal building, whichever is shorter except within the MTCD, WTC, TC or TCC zone where the height shall not exceed eight feet.

(2) Setback: At least 30 feet from any street or lot line. Where existing development or roadway alignment prevent adequate visibility of signs meeting the setback requirements of this chapter, signs may be constructed up to the street line, provided that adequate sight distance is provided and further provided that no portion of any sign extends beyond the street line.

(3) Area:

Lot frontage: <250 feet not to exceed 75 square feet.

Lot frontage: >= 250 feet not to exceed 100 square feet.

[Ord. No. 011-2018]

5. Conservation Zone "C."

(a) Each principal building may have one lighted or unlighted sign either freestanding or attached.

(1) If free standing:

(i) Height: 15 feet.

(ii) Setback: At least 50 feet from all street lines and lot lines.

(iii) Area: 50 square feet.

(2) If attached to the building:

(i) Height: No higher than the roofline.

(ii) Area: 32 square feet.

c. Permits.

1. Permit Required. No sign shall hereafter be erected, re-erected, constructed, altered or maintained except as provided in this Subsection and after a permit for the same has been issued by the Construction Official.

2. Application Procedure. Plans and detailed information shall be submitted with each application for a sign permit, setting forth the dimensions of the sign, the materials incorporated into its construction, the methods and materials used to support the sign, the type of illumination, if any, and the exact location on the building or premises. A sketch of the proposed sign, drawn to a scale of not less than 1/2 inch to one foot, shall be provided.

3. Compliance with Codes and Ordinances. Structural features of signs shall be as may be specified in the Construction Code, but this chapter takes precedence with respect to area, location, illumination and other characteristics.

4. Consent Required. The application for a permit shall be accompanied by the written consent of the owner or lessor of the property.

5. Fees. Before a permit for the erection of any sign requiring a permit is issued by the Construction Official, a fee shall be paid according to the prevailing fee schedule applicable to construction permits.

6. Exempt Signs. No permit shall be required for the following signs:

(a) Any permitted sign in a residential area.

(b) Temporary signs pertaining to the sale or lease of a lot or building or the construction of a building on the property on which such sign is placed.

(c) Federal, State, County and Municipal signs and historical markers.

(d) Signs identifying a church, public building, playground or other such permitted use, situated on the property to which such sign relates.

(e) On-site directional signs containing no advertising matter and not exceeding eight square feet in size shall not be deemed freestanding signs for the purpose of this Subsection.

(f) Temporary signs and banners advertising civic, social, and political events shall be permitted to be located off-premises provided that same are used to advertise a temporary event. Such signs may be erected 30 days in advance of the scheduled event and shall be removed within 48 hours after the special event or activity has taken place.

(g) Political and social advertising signs. Temporary, political and advertising signs and temporary signs advertising civic, social or political gatherings or activities are permitted in any zone, provided that such sign not exceed 32 square feet and further provided that signs not be so located as to constitute a traffic hazard or to interfere with visibility along public rights-of-way. Temporary signs except political signs shall not be in use more than 60 days in any calendar year. Temporary political signs shall not be in use more than 60 days in any official election. The candidate(s) named on any political advertising sign shall insure that all political advertising signs are removed within 10 days after the election. Failure to remove said signs within 10 days after an election shall constitute a violation of this chapter and the penalty for violation shall be $50 per sign. The Zoning Officer is hereby empowered to enforce this section of the chapter and assess fines as prescribed above.

(h) Shelters, benches. No permit shall be required for signs appearing on bona fide and approved public service or school bus shelters and public benches, provided the actual message area shall not exceed 32 square feet.

(i) Signs required by Federal, State, County and Municipal law including signs advertising the price of gasoline.

(j) Residential freestanding signs shall be permitted provided that the size of the sign does not exceed four square feet in area nor three feet in height and shall be set back a minimum of 15 feet from a street right-of-way line or any property line.

d. Maintenance.

1. The enforcing authority shall require the proper maintenance of all signs and shall inspect every sign for which a permit has been issued within 30 days after it is erected. All signs, together with any structural supports, shall be kept in repair and in a proper state of preservation to insure the safety of persons and property. The display surfaces of all signs shall be kept neatly painted or posted at all times. The enforcing authority may order removal of any sign that is not maintained in accordance with the provisions of this chapter. No fee shall be charged for a permit to repair an existing sign.

2. Termination of Business. At the termination of any commercial or industrial enterprise, all sign faces and advertising material appearing on signs pertaining thereto shall be removed from public view within 30 days. The responsibility for the removal of the signs shall be that of the property owners as it appears on the most recent tax list of the Township.

e. Nonconforming Signs.

1. General. Nothing herein contained shall be deemed to require the removal or discontinuance of a legally existing sign display that is not altered, rebuilt, enlarged, extended or relocated, but all such signs shall be subject to inspection and maintenance. The terms "alter," "rebuild," "enlarge," "extend" and "relocate" shall not be deemed to include the making of ordinary repairs and maintenance or the repair of damage caused by accident or act of God. Failure to keep painted or in good repair for a period of one year, however, shall constitute presumptive abandonment, and the sign or appurtenance may not thereafter be replaced or reused absent compliance with this chapter.

2. Replacement or Relocation of Nonconforming Signs in Residential Zones. Any replacement, alteration or relocation of a sign relating to a nonconforming use in a residential zone shall conform to the restrictions governing such sign as though it were in a commercial zone, except that the permitted sign area shall be 1/2 that which would be permitted if the use were located in such zone.

§ 20-5.11 Swimming Pools.

[Ord. #006-2002, § 2]

a. No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building which is either existing or currently under construction. Pools shall be located in the rear or side yard areas only and shall meet the setback distance for accessory buildings as specified in § 20-4 for each particular zoning district, except that in no case may a swimming pool be located closer than 10 feet from any lot line. Additionally, swimming pools may be located no closer than five feet from any other structure.

b. A swimming pool shall occupy no more than 75% of the yard area in which it is located.

c. A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet, in height. Compliance must be shown with the State of New Jersey Uniform Construction Code, N.J.A.C. 5:23.

§ 20-5.12 Yard Area.

[Ord. #006-2002, § 2]

a. No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for any other principal building.

b. Any structure located on a corner lot shall be set back from both streets at least the required front yard distance.

§ 20-5.13 Bus Shelters and Trailers Used for Public Purposes.

[Ord. #006-2002, § 2]

Notwithstanding anything in this chapter, it shall be lawful to erect bus shelters in locations authorized by the Township Committee, the size, type construction, and design of said bus shelters shall be as authorized by the Township Committee, or its designee.

The bus shelters may contain signs up to 32 square feet in area, and no permit shall be required for those signs appearing on approved and authorized bus shelters, however, those signs shall conform to Subsection 20-5.10 "Signs" Subsection a of the Zoning Chapter.

Trailers may be used at the discretion of the Township Committee for public purposes, example: Recycling sheds, life guard shelters, Recreation Department uses, Police etc. Bona fide farms as defined under the Farm Land Assessment Act of 1964 N.J.S.A. 54:4-23.1 et seq. may use trailers for storage only.

§ 20-5.14 Pinelands Area Development Standards.

[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #015-2006, § 2]

a. General. No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this subsection.

b. Wetlands.

1. Uses. No development in the Pinelands Area shall be permitted in a wetland or wetlands transition area except for the following uses:

(a) Horticulture of native Pinelands species;

(b) Berry agriculture;

(c) Beekeeping;

(d) Forestry;

(e) Fish and wildlife management consistent with State and Federal regulations;

(f) 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 wetland as set forth in Subsection b2 below.

(g) Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection b2 below; and

(h) Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:

(1) There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

(2) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

(3) The use represents a need which overrides the importance of protecting the wetland;

(4) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

(5) 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.

(i) Commercial or public docks, piers, moorings and boat launches shall be permitted provided that:

(1) There is a demonstrated need for the facility that cannot be met by existing facilities;

(2) The development conforms with all State and Federal regulations; and

(3) The development will not result in a significant adverse impact, as set forth in Subsection b2 below;

2. Performance Standards. No development in the Pinelands Area other than those uses specified in Subsection b1(a)-(d) shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals in one or more of the following ways:

(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 in the wetland;

(f) A loss of wetland habitat;

(g) A reduction in wetland habitat diversity;

(h) A change in wetlands species composition; or

(i) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.

Determinations under the 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.

c. Vegetation and Landscaping.

1. 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.

2. Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a) Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(b) Revegetate or landscape areas temporarily cleared or disturbed during development activities.

3. All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection c4 below.

4. In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection c3 above or required pursuant to Chapter 19, Subsection 19-6.5c, 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 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. 7:50-6.25 shall be used for revegetation or landscaping purposes. 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.

5. Development Prohibited in the Vicinity of Threatened or Endangered Plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

d. Fish and Wildlife.

1. No development shall be carried out in the Pinelands Area 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 animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

2. Protection of Wildlife Habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

e. Forestry.

1. Permit Required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(a) Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

(b) Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

(c) Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;

(d) Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and

(e) Prescribed burning and the clearing and maintaining of fire breaks.

2. Forestry Application Requirements. The information in paragraphs e2(a), (b) or (c) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

(a) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(b) For forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:

(1) A copy of the woodland management plan, the scaled map of the parcel and a completed woodland data form, prepared pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7 through 2.15;

(2) If not already contained in the woodland management plan required in Subsection 2(a) above, the following shall be submitted:

(i) The applicant's name, address and interest in the subject parcel;

(ii) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(iii) The block and lot designation and street address, if any, of the subject parcel;

(iv) A brief written statement generally describing the proposed forestry activities; and

(v) The relevant portion of a USGS Quadrangle map, or copy thereof, and a copy of the relevant portion of the municipal tax map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.

(3) A scaled map or statement indicating how the standards set forth in paragraphs e3(b), (c), (d), (f), (i) and (j) below will be met;

(4) A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in subsections 20-5.14c5 and 20-5.14d1;

(5) Unless the Pinelands Commission determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Subsection 20-5.14,1;

(6) A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection e3(h) below;

(7) A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

(8) A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455;

(9) A letter from the New Jersey State Forester commenting on extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in paragraphs e3(i) and (j) below;

(10) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

(11) When prior approval for the forestry activities has been granted by the Zoning Officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Subsection 20-11.5e.

(c) For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:

(1) The information required in paragraphs e2(b)(2) through (11) above; and

(2) A forestry activity plan which includes, as appropriate:

(i) A cover page for the forestry activity plan containing:

[1] The name, mailing address and telephone number of the owner of the subject parcel;

[2] The municipality and County in which the subject parcel is located;

[3] The block and lot designation and street address, if any, of the subject parcel;

[4] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[5] The date the plan was prepared and the period of time the plan is intended to cover.

(ii) A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, silvicultural prescriptions and management practices;

(iii) A description of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:

[1] The number of acres;

[2] The species composition, including overstory and understory;

[3] The general condition and quality;

[4] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[5] The overall site quality;

[6] The condition and species composition of advanced regeneration when applicable; and

[7] The stocking levels, growth rates and volume.

(iv) A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period. These may include, but are not necessarily limited to, a description of:

[1] Stand improvement practices;

[2] Site preparation practices;

[3] Harvesting practices;

[4] Regeneration and reforestation practices;

[5] Improvements, including road construction, stream crossings, landings, loading areas and skid trails; and

[6] Herbicide treatments.

(v) A description, if appropriate, of the forest products to be harvested, including the following:

[1] Volume: cords, board feet;

[2] Diameter breast height (DBH) classes and average diameter;

[3] Age;

[4] Heights; and

[5] Number of trees per acre.

(vi) A property map of the entire parcel which includes the following:

[1] The owner's name, address and the date the map was prepared;

[2] An arrow designating the north direction;

[3] A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[4] The location of all property lines;

[5] A delineation of the physical features such as roads, streams and structures;

[6] The identification of soil types (a separate map may be used for this purpose);

[7] A map inset showing the location of the parcel in relation to the local area;

[8] Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[9] A legend defining the symbols appearing on the map.

3. Forestry Standards. Forestry operations shall be approved if the standards set forth below will be met:

(a) All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection e2(b)(8) above shall serve as evidence that this standard is met;

(b) Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

(c) All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where nonnative species are proposed to be harvested;

(d) The following actions shall be required to encourage the reforestation of Atlantic White Cedar in cedar and hardwood swamps:

(1) Clearcutting cedar and managing slash;

(2) Controlling competition by other plant species;

(3) Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

(4) Utilizing existing streams as cutting boundaries, where practical;

(5) Harvesting during dry periods or when the ground is frozen; and

(6) Utilizing the least intrusive harvesting techniques, including the use of winches and corduroy roads, where practical.

(e) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in subsections 20-5.14c5 and 20-5.14d1;

(f) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79;

(g) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Subsection 20-5.141;

(h) Herbicide treatments shall be permitted, provided that:

(1) The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection e2(b)(6) above;

(2) Control of competitive plant species is clearly necessary;

(3) Control of competitive plant species by other, nonchemical means is not feasible; and

(4) All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant State and Federal requirements;

(i) A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested or reestablished. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met;

(j) Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to: minimum changes to surface and ground water hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met; and

(k) A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

4. Forestry Permit Procedures.

(a) Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

(b) Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

(c) Within 45 days of determining an application to be complete pursuant to Subsection e4(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection e3 above or disapprove any application which does not meet the requirements of Subsection e3 above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

(d) Upon receipt of a notice of disapproval pursuant to Subsection e4(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection e3 above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection e4(c) above.

(e) Failure of the Zoning Officer to act within the time period prescribed in paragraphs e4(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

(f) In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in subsections 20-11.5c through f.

(g) Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

5. Administrative Fees. Upon the issuance of a forestry permit pursuant to Subsection e4(c) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

6. Notification of Harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

f. Recommended Management Practices for Agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with 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 University.

g. Waste Management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

h. Water Quality.

1. General.

(a) All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this paragraph.

(b) Except as specifically authorized in this subsection, no development which degrades surface and ground water quality or which establishes new point sources of pollution shall be permitted.

(c) No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

2. The following point and nonpoint sources may be developed and operated in the Pinelands:

(a) Development of new or expansion of existing commercial, industrial, and waste water treatment facilities or the development of new or the expansion of existing non-point sources, except those specifically regulated in Subsection 2,(b) through (f) 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 ground water 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 waste water treatment facilities are designed to accept and treat septage; and

(4) All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.

(b) Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of Subsection h2(a)(2) above provided that:

(1) There will be no direct discharge into any surface water body;

(2) The facility is designed only to accommodate waste water from existing residential, commercial, and industrial development;

(3) Adherence to Subsection h2(a)(2) above 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 ground water 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 waste water treatment facilities which discharge directly into surface waters provided that:

(1) There is no practical alternative available that would adhere to the standards of N.J.A.C. 7:50-6.84(a)1i;

(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 waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

(1) The proposed development to be served by the system 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 h2(d)(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 Subsection 20-6.7 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 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) The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;

(7) The technology has been approved for use 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. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 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 waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

(1) The standards set forth in paragraphs (d)(1) and (d)(3) through (8) above are met;

(2) If the proposed development is nonresidential and located outside of a Pinelands Town or Pinelands Village management area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

[Amended 2-25-2019 by Ord. No. 001-2019]

(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 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 h2(d)(3) 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 may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection 20-6.7 or N.J.A.C. 7:50-5.47.

(f) Surface water runoff, provided that the requirements of Subsection 19-7.7 are met.

(g) Alternate design pilot program treatment systems, provided that:

(1) The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this subsection;

(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 h2(g)(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 Subsection 20-6.7 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 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 penetrated 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 cancelled and is renewable and which includes provisions 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 observation made at any other time; and

[Amended 2-25-2019 by Ord. No. 001-2019]

(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 h2(g)(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 are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

[Amended 2-25-2019 by Ord. No. 001-2019[1]]

[1] Editor's Note: This ordinance also repealed former Subsection h2(g)(12), which prohibited the installation of systems after August 5, 2007.

3. Individual Wastewater Treatment Facility and Petroleum Tank Maintenance.

(a) The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 32-6 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:

(1) Have the facility inspected by a technician at least once every three years;

(2) Have the facility cleaned at least once every three years;

(3) Once every three years submit to the local Board of Health a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

(b) The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.

4. Prohibited Chemicals and Materials.

(a) Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

(1) Septic tank cleaners, except biodegradable products; and

(2) Waste oil.

(b) All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface which shields the facility from precipitation.

(c) No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

5. Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.

i. Scenic.

1. Setbacks and Screening Requirements for Scenic Corridors. No development shall be located within 200 feet of the centerline of a public paved road except for those roads which provide for internal circulation within residentially developed areas, and lakes in the Pinelands Area, unless environmental or other physical considerations make it impractical to do so, provided however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor except in a cleared agricultural area.

2. Notwithstanding the provisions of Subsection i1 above, all structures within 1,000 feet of the centerline of the Tuckahoe River within the Pinelands Area shall be designed to avoid visual impacts as viewed from the river.

3. Screening and Storage of Motor Vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors with a six-foot high solid fence. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. These provisions shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes nor for service stations which are proposed for use pursuant to Subsection 20-6.4 of this chapter.

4. Location of Utilities.

(a) New utility distribution lines and telephone lines to locations not served by such utilities as of the date of this chapter shall be placed underground, except for those lines which are located on or immediately adjacent to active agricultural operations.

(b) All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

(c) Above ground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened in accordance with the vegetation requirements of Subsection c above.

j. Fire Management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in Subsection 20-2.2 of this chapter unless such development complies with the following standards:

1. All dead-end roads will terminate in an area which provides safe and efficient entry and exit for fire equipment;

2. The rights-of-way of all roads will be maintained so that they provide an effective fire break;

3. A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

(a) In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

(1) Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

(2) All dead plant material is removed.

(b) In high fire hazard areas a fuel break of 75 feet measured outward from the structure in which:

(1) Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

(2) All dead plant material is removed.

(c) In extreme high hazard areas a fuel break of 100 feet measured outward from the structure in which:

(1) Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis;

(2) No pine tree (Pinus spp.) is closer than 25 feet to another pine tree; and

(3) All dead plant material is removed.

4. All residential development of 100 dwelling units or more in high or extremely high hazard areas will have a 200-foot perimeter fuel break between all structures and the forest in which:

(a) Shrubs, understory trees, bushes, and ground cover are selectively removed, mowed, or pruned and maintained on an annual basis;

(b) All dead plant material is removed;

(c) Roads, rights-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.

5. All structures will 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) Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;

(d) Flat roofs are prohibited in areas where vegetation is higher than the roof.

6. All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire fighting equipment.

k. Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3 and with the New Jersey Department of Environmental Protection's publication "Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities".

l. Historic Archaeological and Cultural Resources.

1. The Planning 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 Subsection 5(b) below.

2. Authority to issue certificates of appropriateness.

(a) The Planning Board shall issue all certificates of appropriateness except as specified in (b) below.

(b) The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

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 Subsection 20-11.5a where a significant resource has been identified pursuant to Subsection 1,5 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 the PV, RPPV and TV Zones and in that portion of the CM Zone located 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 projects' 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 avocational 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 local approval agency 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 understanding of Pinelands culture; or

(3) The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection (b) 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 Planning Board and Board of Adjustment.

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 Subsection (b) below.

(b) A Certificate of Appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection 1,5 above shall be effective for two 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 no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

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 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, the developer shall immediately cease construction, notify the Planning 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 C.F.R. 66).

m. Resource Extraction. Resource extraction operations in the Pinelands shall comply with Subsection 19-7.15 of the Township Code.

n. Energy Conservation. All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy conserving building materials.

o. Air Quality.

1. All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this paragraph shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

2. Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in any 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.

p. Pinelands Development Credits. Pinelands Development Credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

1. Pinelands Development Credits may be used in the Township in the following circumstances:

(a) When a variance for cultural housing is granted by the Township in accordance with Subsection 20-6.6b of this chapter;

(b) When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the PV Zone, the RPPV Zone, in that portion of the TV Zone located in the Pinelands Area or in that portion of the CM Zone located in a Pinelands Village is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that permitted without the variance.

(c) When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

2. The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands Development Credits are either allocated or used in the Township.

q. Height.

1. The height limitations set forth in this chapter shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.

2. The height limitations set forth in this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

§ 20-5.15 Satellite Television Antennas.

[Ord. #006-2002, § 2]

The use of satellite television antennas (hereinafter called STA) is permitted in all zones as an accessory use under and subject to the following regulations:

a. No more than one STA is permitted on any lot.

b. No STA shall be located in a front yard.

c. STA installation shall be designed to withstand winds of 100 m.p.h. Prior to the installation of any STA, a certification that the proposed STA can withstand winds of 100 m.p.h. shall be submitted to the Construction Official by a professional engineer licensed by the State of New Jersey.

d. A building permit shall be obtained from the Construction Official of the Township for installation of any STA. Which permit shall be issued only after the Construction Official has determined that the proposed STA meets the requirements of this subsection.

§ 20-5.16 Street Openings.

[Ord. #006-2002, § 2; Ord. #009-2007, § 2]

Each lot on which a building has been erected or upon which a building permit has been issued shall abut a street and give access to such street by a street opening constructed in accordance with the standards of this subsection.

a. All applications for building permits shall include suitable drawings indicating the construction of a street opening in accordance with this subsection. No Certificate of Occupancy shall issue until such street opening is constructed in accordance with those plans.

b. On all lots where a curb is in existence, the street opening shall include a depressed curb constructed from poured concrete which shall consist of a full depth section with a minimum of two inches of curb reveal.

c. The portion of the roadway lying between the right-of-way line of the street and the cartway shall be paved as a driveway extension and as driveway apron.

d. The portion of the driveway located within five feet from the curb shall be constructed as a driveway apron. The construction material shall be concrete or other suitable hard surface material.

e. On all lots where no curb is presently in existence, the driveway within four feet of the cartway shall be constructed as a driveway apron. The construction material shall be bituminous concrete or other hard surface material.

f. The street opening and driveway shall be designed in such a manner as to minimize or eliminate washing of silt, dirt and debris from the lot into the stormwater drainage system by constructing the driveway of appropriate material and by adjusting the slopes and crown of the driveway and driveway apron.

g. Residential Lots.

1. The width of a street opening for a residential lot shall be a maximum 16 feet at the curbline and a minimum of 10 feet at the property line, except in the RR Zone the maximum street opening shall be 12 feet.

2. Each lot shall have only one street opening, except that lots with either a lot frontage greater than 175 feet or on which a "circular" driveway is located and which contain a total lot frontage in excess of 116 feet, may have two street openings. In the case of a corner lot the improved street frontage on both streets shall be considered for lot frontage for this subsection.

3. The driveway opening shall be located at least 12 feet from the side property line, except that in the RR Zone the opening shall be located at least four feet from the property line.

h. Nonresidential Lots.

1. The width of a street opening for a nonresidential lot shall be a maximum 50 feet at the curbline and a minimum of 24 feet, except in the RC Zone the maximum street opening shall be 12 feet.

2. Each lot shall have only one street opening, except that lots may have additional street openings if they show compliance with the requirements of N.J.A.C. 16:47-3.5(c).

3. The driveway opening shall be located at least 12 feet from the side property line, except that in the RR Zone the opening shall be located at least four feet from the property line.

4. No lot shall be further subdivided, such that the lot frontage shall become a nonconforming lot in accordance with the standards of N.J.A.C. 16:47-3.5.

i. If a driveway crosses a sidewalk, the sidewalk within the driveway width shall be constructed of concrete with a thickness of six inches.

j. Lot owner shall maintain a minimum 10 feet wide driveway and shall be clear of vegetation for the full width and maintain a clear height of 12 feet.

k. Any lot owner may apply to the Planning Board for an exception from any requirement of this subsection upon notice pursuant to N.J.S.A. 40:55D-12 under the procedure for exceptions contained in N.J.S.A. 40:55D-51.

§ 20-5.17 (Reserved)

§ 20-5.18 Requirements for Marinas.

[Ord. #006-2002, § 1]

a. Sufficient off-street parking should be provided as per the requirements of Subsection 20-5.7.

b. Storage Racks for Watercrafts.

1. The maximum height of a storage rack structure shall be that permitted for principal structure on the site.

2. Outside storage racks shall meet all applicable accessory structure setbacks for the respective zoning district. Watercraft is specifically prohibited in a front yard.

c. Sufficient public sanitary services must be provided on site for customers.

§ 20-5.19 Bulkheads.

[Ord. #004-2015 § 3]

a. The Township of Upper desires to create uniform regulations for the construction, reconstruction, repair or renovation of existing or new bulkheads within the Township of Upper along any waterway or beach of Upper Township. It is the purpose of this section to promote public health, safety and general welfare, and to minimize public and private losses due to flood conditions. Bulkheads are an integral component for Flood Damage Control and are designed to:

1. Protect human life and health.

2. Protect public and private infrastructure.

3. Minimize expenditure of public and private money for costly repairs from flood damage.

4. Minimize prolonged interruptions to business and residential activities due to street flooding.

5. Reduce the extent of flood waters that may flow across public and private property which may cause flood damage.

6. Reduce flood wave velocities.

b. A bulkhead shall be provided for all new development and existing development which is being substantially improved in accordance with the standards of Chapter 18 - Flood Damage Control which is located on a waterfront property as follows:

1. Non-Oceanfront Bulkheads.

(a) Along Strathmere Bay (Tax Blocks 750, 756, 757, 825, 826, 841, 842, 849 and 850 as shown on the current official Tax Map)

(b) Along Great Egg Harbor (Tax Blocks 479, 682 and 735 as shown on the current official Tax Map)

(c) Along Tuckahoe River (Tax Blocks 12, 15, 19, 310 and 348 as shown on the current official Tax Map)

2. Oceanfront Bulkheads.

(a) Oceanfront bulkheads shall be required when adjacent to the Atlantic Ocean and extending along Corson's Inlet to the Corson's Inlet Bridge.

c. The bulkhead shall obtain a permit, be designed and constructed in accordance with Chapter 17- Construction of Bulkheads.

§ 20-5.20 Used Clothing Containers.

[Ord. #004-2015 § 3]

a. Generally. Used clothing donation steel or similar storage containers (hereinafter referred to in this section as "bins") are prohibited in the Township of Upper.

b. Exceptions. Registered 401(c) nonprofit organizations are permitted to place used clothing bins on nonresidential property in accordance with the following:

1. Nonresidential premises are permitted to have only three used clothing donation bins on the property, which are devoted to nonprofit purposes.

2. The bin(s) shall be appropriately located so as not to interfere with sight triangles, on-site circulation, required accessory side yard setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan approval for the premises, and shall be placed on a concrete surface.

3. The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.

4. Each bin shall not cover a ground surface area in excess of five feet by five feet nor be more than six feet in height.

5. Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing being strewn about the surrounding area.

6. Each bin shall be maintained in good working order and be free of graffiti and rust.

7. A permit for used clothing donation bin(s) shall be required. The permit shall be issued by the Clerk's Office, but can only be granted when it is determined by the Zoning Officer that:

(a) The bin(s) are for use by a duly registered nonprofit organization;

(b) The proper types of bin(s) are being used as described by this section;

(c) The bin(s) are being placed in a proper location as described by this section;

(d) Letter of authority/permission from the owner of the property upon which the bin(s) are to be and/or are already located; and

(e) Name, address and phone number of the nonprofit organization or church displayed on each bin.

c. If any used clothing donation bins are placed without a permit, or an inspection reveals that such bins are not in compliance with this subsection, enforcement and abatement shall take place as generally provided under this section.

§ 20-6 EXCEPTIONS AND MODIFICATIONS.

§ 20-6.1 Area Requirements.

[Ord. #006-2002, § 2]

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of Chapter 19, Land Subdivision, or to implement the Official Map or Master Plan of the Township, the Construction Official shall issue construction and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other available adjacent lands to provide the minimum requirements.

§ 20-6.2 Conservation Residential Cluster Development.

[Ord. #009-2007, § 2]

a. The purpose of this subsection is to provide a method of developing single-family detached dwellings which will preserve desirable open spaces, conservation areas, flood plains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes (and certain other regulations hereinafter stated) without increasing the number of lots in the total area to be developed. Cluster single-family residential developments are permitted in the "AR" and "C" Districts and the "RD," "F3," "F10" and "F25" Districts in the Pinelands Area.

b. All conservation residential cluster developments shall meet the following requirements:

1. Total lots permitted shall be calculated by preparing a conventional subdivision concept plan for lots which conform to the area standards for the underlying zone district. The portion of the lot constrained by environmental restrictions shall be excluded from the concept plan.

2. Area and yard requirements for lots developed as part of a conservation residential cluster development in the "AR," "RD" and "F3" Districts are as follows:

(a) Minimum lot size - one acre.

(b) Maximum impervious lot coverage per lot - 15%.

(c) Maximum building coverage - 10%.

(d) Minimum vegetation preservation - 10%.

(e) Minimum lot frontage, yard, height requirements for principal and accessory buildings shall be the "R2" Moderate Density Zone requirements; notwithstanding, the front yard setback requirements for lots within the "RD" and F3" Districts shall be 200 feet except setback may be reduced to 100 feet in agricultural areas or where environmental limitations require reduction.

(f) Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.

(g) Minimum open space lot - 60% of total tract area.

3. Area and yard requirements for lots developed as part of a conservation residential cluster development in the "C" and "F10" Districts are as follows:

(a) Minimum tract area shall be 20 acres.

(b) Minimum lot size - one acre.

(c) Maximum impervious lot coverage per lot - 15%.

(d) Maximum building coverage per lot - 10%.

(e) Minimum vegetation preservation per lot - 10%.

(f) Minimum lot frontage, yard, height requirements for principal and accessory buildings shall be the "R2" Moderate Density Zone requirements; notwithstanding, the front yard setback requirements for lots within the "RD" and "F3" Districts shall be 200 feet except setback may be reduced to 100 feet in agricultural areas or where environmental limitations require reduction.

(g) Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.

(h) Minimum open space lot - 80% of total tract area.

4. Area and yard requirements for lots developed as part of a conservation residential cluster development in the "F25" District are as follows:

(a) Minimum tract area shall be 50 acres.

(b) Minimum lot size - one acre.

(c) Maximum impervious lot coverage per lot - 15%.

(d) Maximum building coverage per lot - 10%.

(e) Minimum vegetation preservation per lot - 10%.

(f) Minimum lot frontage, yard, height requirements for principal and accessory buildings shall be the "R2" Moderate Density Zone requirements; notwithstanding, the front yard setback requirements for lots within the "F25" District shall be 200 feet except setback may be reduced to 100 feet in agricultural areas or where environmental limitations require reduction.

(g) Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.

(h) Minimum open space lot - 85% of total tract area.

5. Improvements and design standards for cluster developments shall conform to the standards of Chapter 19, Land Subdivision and Site Plan as amended.

6. All lands not included in or assigned to individual lots and not utilized for street rights-of-way must be permanently dedicated through recordation of a restriction on the deed to the parcel as open space with no further development permitted. All lands not accepted by the Township shall be owned and maintained by a homeowners association. All streets within the development shall be dedicated to the Township.

7. All land areas shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which intended.

8. The lands offered to the Township shall be subject to review by the Planning Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.

9. Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of this chapter pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the Township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.

10. A homeowners association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, flood plain, recreation and park areas and other lands which would otherwise be dedicated to the Township, shall be in accordance with the following provisions:

(a) Membership in any created homeowners association by all property owners shall be mandatory. Such required membership in any created homeowners association and the responsibilities upon the members shall be in writing between the association and the individual, in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs, providing that the Township shall be a party beneficiary to such covenant and entitled to enforce its provisions.

(b) Executed deeds with restrictions stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development shall be tendered to the Township simultaneously with the granting of final subdivision approval.

(c) The homeowners association shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowners association and shall hold the Township harmless from any liability.

(d) The assessment levied by the homeowners association shall become a lien on the private properties in the development. The duly created homeowners association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

(e) The homeowners association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development. Before final approval, copies of the bylaws, covenants, model deeds and Articles of Incorporation shall be submitted to the Township.

(f) The developer shall provide a procedure by which lands will be transferred to the homeowners association. This schedule shall be based on a percentage of the lots and/or homes sold or occupied. The bylaws of the homeowners association should include provisions which will insure that the maintenance responsibilities for the commonly owned land are the obligation of the association.

11. No Certificate of Occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing the structure are properly completed and functioning.

§ 20-6.3 Height Limits.

[Ord. #006-2002, § 2; amended 5-26-2020 by Ord. No. 005-2020]

a. No building shall exceed the height limits as prescribed in § 20-4.

b. Roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building; skylights; spires; cupolas; flagpoles; chimneys; or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height prescribed for the use in the district. Farm silos shall have no height restrictions. Roof structures or cupolas for stairway or elevator access are not permitted above the required building height in the RR and RC Zones.

c. Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit in § 20-4 shall be reduced by four feet.

§ 20-6.4 Conditional Uses.

[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #009-2007, § 2; Ord. #027-2009, §§ 2 — 6; Ord. #008-2011; Ord. No. 019-2018]

a. Application Procedure. Before a construction permit or Certificate of Occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, C. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in the Site Plan Ordinance for Site Plan Review.[1] Conditional uses must meet the requirements listed below in addition to those outlined elsewhere.

[1] Editor's Note: The Site Plan Ordinance for Site Plan Review is codified as Chapter 23.

b. Special Requirements for Car Washes.

1. All activities must be conducted within a totally enclosed building.

2. Drainage from inside buildings shall feed into a dry well or septic system as approved by the Cape May County Board of Health.

3. All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

c. Special Requirements for Hotels and Motels.

1. Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least 10 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be five.

2. Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 7.5 feet in height.

3. Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom.

4. There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises.

5. All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

d. Special Requirements for Public Utility Uses.

1. For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and generating facilities and other public utility services.

2. The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.

3. The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment or property rights in the zone in which it is located.

4. Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.

5. Sufficient landscaping, including shrubs, trees and lawns, shall be provided and be periodically maintained.

Within the Pinelands Area, the requirements of Subsection 20-5.14; (Ordinance No. 4-1982) shall apply.

6. Adequate off-street parking shall be provided.

7. All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

e. Special Requirements for Service Stations.

1. For purposes of this chapter, the term "Service Station" shall include such uses as auto services, repair garages (automobile and boats), auto body shops, metal working, welding shops and contractor repair shop.

2. The minimum lot size for service stations shall be 20,000 square feet and the minimum frontage shall be 150 feet.

3. All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps, air pumps and canopies over gasoline pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any current or proposed street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of any enclosed building.

4. No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed 30 days and providing that the owners of the motor vehicles are awaiting their repair or disposition.

5. Not more than two items (such as motor vehicles, trailers, boats or similar equipment) shall be displayed for sale as part of a service station.

6. No parking shall be permitted on unpaved areas.

7. Auto service stations shall be permitted the following signs:

(a) One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 35 feet in area on a side and shall be set back 20 feet from street lines and 50 feet from side lot lines and provided further that the sign shall be not less than 10 feet, nor more than 20 feet above the ground and provided that said sign comply with all provisions of Subsection 20-5.10.

(b) One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, providing that the sign does not exceed seven square feet in area.

(c) Directional signs or lettering displayed over individual entrance doors or bays and consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall not be more than one such sign over each entrance or bay.

(d) Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of a gasoline sold, lead warning sign, a price indicator and any other sign required by law.

8. May not be located within 1,000 feet of a public water supply well or private water supply well for a public or private school if facility has underground fuel tanks or unpaved parking areas.

f. Special Requirements of Campgrounds.

1. Definitions. As used in this paragraph:

CAMPER

Shall mean any recreational vehicle intended for camping which is designated for transport over public roadways, does not exceed 420 square feet in floor area which does not involve or require a permanent connection to the ground but rather remain at all times transportable on its own wheels and chassis. Temporary structures intended for seasonal occupancy and connected to a camper are to be considered part of a camper for purposes of the setback requirements of this paragraph.

CAMPGROUND

Shall mean a parcel of land upon which two or more campsites are located, established, or maintained for temporary living quarters for children and/or adults for recreation, education or vacation purposes. Campsites shall include land designated to accommodate any tent or camper. Campgrounds include improved campgrounds (with utility connections) and primitive campgrounds (without utility connections).

COMMON FACILITIES

Shall mean land and/or water areas, recreational facilities and other support facilities associated with the operation of a campground and available for the exclusive use of the occupants and/or owners of campsites.

2. Applicability. No new campgrounds shall be developed, and no existing campgrounds shall be expanded except in accordance with the following regulations.

3. Area and Dimensional Requirements.

(a) Improved Campgrounds with Utility Connections.

Minimum tract size	40 acres
Minimum campsite frontage	40 feet
Minimum lot frontage	500 feet
Minimum campsite width	40 feet
Minimum lot width	500 feet
Minimum campsite depth	60 feet
Minimum campsite area	2,500 square feet
Minimum distance between campers	15 feet
Minimum buffer area	100 feet
Minimum open space/recreation area	40% of tract
Maximum gross density (campsites/total acreage)	1 site/acre
Maximum net density (campsites/developed acreage)	10 sites/acre

At least the first 100 feet adjoining any lot line shall not be used for campsites or active recreation areas and this buffer area shall be maintained with existing dense vegetation or planted with native species to provide a dense evergreen buffer from adjoining lands, whether or not such lands are currently developed.

No less than 40% of the total tract area shall be maintained as open space and recreation areas, which may include required buffer areas. In the case of phased development, this open space requirement shall be met with each phase of the development.

(b) Primitive Campgrounds Without Utility Connections.

Minimum tract size	40 acres
Minimum lot frontage and width	500 feet
Minimum campsite area	10,000 square feet
Minimum campsite dimensions	100 feet by 100 feet
Maximum gross density (campsites/total acreage)	2 campsites/acre

4. Required Recreation Facilities.

(a) Playground Equipment. One item of active play equipment shall be provided for each 50 campsites. For purposes of this subsection, active play equipment shall include swing sets, jungle gyms or other climbing or play apparatus provided each such piece of equipment shall have the design capacity for at least five children 10 years old or younger.

(b) Indoor Recreation. Five square feet per campsite shall be provided in an enclosed building or pavilion under roof.

Required recreation facilities and open space shall be for the exclusive use of the occupants and/or owners of the campground, and shall be provided in each phase of any phased development on a pro rata basis, except that required swimming facilities shall be provided at the time that any new campground is developed or that any existing campground is expanded.

5. Campsite Maintenance. Each campsite occupant and/or owner shall be responsible for maintenance of the campsite in clean and orderly condition, and shall not permit trash and debris to accumulate on the campsite. No hazard to the health, safety and welfare of persons or property at or near the campsite shall be permitted by the owner and/or occupant.

6. Common Area Maintenance. The owner(s) and/or manager(s) of any common facilities within a campground shall maintain all such facilities in clean, safe and operable condition, and shall insure that no hazard to the health, safety or welfare of persons or property is allowed to develop on the premises.

7. Required Safety Facilities. In addition to standards specified in the Uniform Construction Code regarding plumbing and electrical work, each improved campground shall provide at least one fire hydrant for every 50 campsites. Such hydrants shall be capable of delivering an appropriate rate-of-flow and shall be so located as to provide optimal protection for all campsites and common facilities as determined by the local Fire Chief. Alternative fire protection measures may be employed at the suggestion of the local Fire Chief.

8. Required Bathhouse Facility. Each campground shall have at least one permanent structure housing restrooms and shower facilities, and such additional facilities as needed to service the campground.

9. Required Solid Waste Management Facilities. Every campground in the Township shall provide solid waste containers at permanent locations and in sufficient numbers to accommodate the solid waste generated by the campground. Such solid waste facilities shall be maintained in clean and workable condition, and shall not be allowed to regularly overfill or constitute a health or safety hazard. Trash removal and legal disposal shall be the responsibility of the campground owners.

10. Required Communications Facilities. Public telephones shall be provided in central locations and each campground shall provide at least two telephones for the first 100 campsites, and one telephone for each additional 100 campsites.

11. Limits of Occupancy. Campgrounds shall not be occupied during the period from November 1 through April 1, except by resident management residing in one permanent year-round housing unit. Campers may be stored on site between November 1 and April 1 provided the vehicles are disconnected from servicing utilities and further provided that any temporary structures associated with seasonal occupancy are completely disassembled.

12. (Reserved)

13. (Reserved)

14. (Reserved)

15. Site Plan Review Required. Every new or expanded campground in the Township shall be subject to site plan review and approval by the Planning Board pursuant to the requirements of this chapter. Such site plan shall show the location of each campsite and all required facilities, improvements and open space to be constructed or already in existence. Site plan documentation shall include a vegetation and landscape plan which identifies wooded areas by vegetation type and areas of significant shrub growth or specimen trees. Supplemental landscaping, where required by the Planning Board shall also be shown on the vegetation and landscape plan.

No site plan approval for a campground shall be granted until all necessary and appropriate permits have been granted by any other agencies having jurisdiction including, but not limited to, the New Jersey Department of Health and the New Jersey Department of Environmental Protection.

16. Development Prohibited in Wetlands. No development shall be permitted on wetland soils as defined in § 20-2, and no development shall be permitted within 50 feet of any area defined as wetlands.

17. Storage Sheds. Notwithstanding Subsection b11 above, storage sheds may be permanently installed on campsites for the exclusive use of the campsite owner and/or occupant according to the following limitations:

Maximum width	10 feet
Maximum depth	8 feet
Maximum height	10 feet
Minimum distance from camper or tent	4 feet
Minimum distance from any property line or campsite boundary	4 feet
Storage sheds shall be located in the rear or side yard areas and not in the front yard areas. For purposes of this subsection, front yard shall be the area between the road, both side lot lines and a line parallel to the road (or its tangent) which crosses the point on the trailer or tent which is closest to the road.

g. Special Requirements for Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence.

1. Community residences for the developmentally disabled and community shelters for victims of domestic violence as defined in N.J.S.A. 40:55D-66.2 are permitted as conditional uses in the "AR" and "R" Zones when such facilities are designed to accommodate more than six and up to 15 residents (exclusive of resident staff), in accordance with the following conditional use requirements.

2. Community residences/shelters shall be permitted in accordance with the requirements of Subsection 20-4.2e for single-family units in the following zoning districts: "AR," "R2," "R" "RD," "F3," "F10" and "F25."

3. Parking. Each community residence/shelter shall provide one parking space per resident staff member plus one parking space per vehicle operated by the facility, but in no case less than five parking spaces including at least one handicapped parking space.

4. Water. The applicant shall demonstrate to the Planning Board that adequate water supply will be provided.

5. Sewer. The applicant shall demonstrate to the Planning Board that adequate sewerage disposal will be provided. In the case of on-site septic systems, the applicant shall demonstrate that such system is of adequate size and design to service the facility.

6. Fire Safety. If no internal sprinkler system is provided throughout the facility, fire safety water supply facilities shall be provided as required by the Planning Board after consultation with the local Fire Chief.

7. Activity Area. An outdoor activity area shall be provided for the use of the residents. This area shall be located to maximize the safety and convenience of the residents of the facility and to minimize the impact of the facility on other residents. The Planning Board may require fencing around the activity area where it is determined to benefit the health, safety and welfare of residents of the facility or other residents of the Township.

8. Buffers. Buffers shall be provided according to the requirements of Subsection 20-5.8a to screen off-street parking areas and in other locations where the Planning Board determines that such buffers will benefit the community residence/shelter and/or the residents of the Township.

9. Site Plan. No construction or occupancy permit shall be issued for a community residence/shelter prior to the review and approval of a preliminary site plan by the Planning Board pursuant to the requirements of Chapter 19, Land Subdivision and Site Plan.

h. Special Requirements for Used Auto Sales and Service.

1. No parking or display of vehicle(s) shall be permitted on unpaved areas.

2. Display area shall be lighted in conformance with the site plan ordinance requirements. Lighting must be on approved standards, no festoon lighting is permitted.

3. No junk motor vehicle(s) or parts thereof shall be permitted on the premises.

i. Special Requirements for Self-Service Storage Facilities.

1. Self-service storage facilities shall be designed so that the facade is appropriate to the surrounding area.

2. Self-service storage facilities shall be designed so that the exterior of the development is composed of solid walls, unbroken by garage doors, or by a decorative fence. No portion of the facility shall be unprotected by either a solid wall or fence.

3. Each facility will be landscaped to lessen the impact of the severe exterior wall or fence. Such landscaping shall be consistent with the sections of this chapter pertaining to buffer and buffer requirements.

4. Off-street parking shall be provided at the office at the rate of four spaces per 200 storage units plus one space for each employee on the largest shift plus two spaces for a manager's apartment.

5. The minimum distance between storage buildings shall be 25 feet.

6. Self-service storage facilities shall not exceed one story.

7. One single bedroom resident manager's apartment may be used for on-site supervision.

8. The facility shall agree to include in each storage unit lease a prohibition on the storage of toxic, explosive, hazardous, or illegal materials.

j. Special Requirements for Golf Courses.

1. Wildlife and Habitat Preservation.

(a) All golf courses/clubs shall be designed to preserve existing wooded areas and utilize existing open space. In addition to existing cleared land, the amount of additional land permitted to be cleared shall be 75 acres or 25% of the existing wooded acreage, whichever is greater. An additional 15 acres of clearing is allowed if it can be demonstrated that such additional clearing were necessary in order to accommodate lakes and other permanent water surface areas to be utilized for drainage and/or irrigation purposes or to maintain sufficient fairway width for a championship length course. Existing cleared areas not to be utilized by the course shall be mitigated by replacement with native trees and shrubs, particularly in locations where stream corridors are not shaded by vegetation at the time of development. All landscaping, with the exception of that proposed for ornamental use or screening/buffering, shall utilize native shrubs and trees in accordance with Subsection 20-5.14c4(d).

(b) A complete inventory of all wildlife and plant habitat and species on the property shall be conducted, including documentation of any endangered or threatened species habitat.

(c) Clearing, grading and other land disturbance activities shall be designed to completely avoid the nesting, breeding and feeding areas of endangered and threatened animal species, as well as the locations of endangered and threatened plant species.

(d) A Wildlife Habitat and Enhancement Plan, including maps of native species habitat, shall be submitted which outlines ways in which the course will maintain or enhance conditions for native animal and plant species, particularly endangered and threatened animal and plant species.

(e) Application of pesticides or fertilizers shall be prohibited in undisturbed areas and within 300 feet of any identified endangered and threatened species habitat or rare community type.

(f) Gasoline powered golf carts shall be prohibited on any golf course (this excludes maintenance vehicles and equipment).

(g) All golf courses shall be designed to minimize the visual impact of the course on the landscape through the provision of a forested buffer not less than 100 feet in width around the perimeter of the parcel.

2. Water Quality Management.

(a) A vegetated buffer at least 300 feet in width and consisting of native trees, shrubs and ground covers, shall be provided and maintained between any turf area which will be treated with fertilizers or pesticides and the closest point of any wetlands, on or off-site.

(b) The applicant shall demonstrate that the amount of managed turf used on the course has been reduced to the maximum extent practical. Primary play areas and, if the need is demonstrated, secondary play areas are permitted to use managed turf not on the list below provided that it has been shown to decrease irrigation and pesticide application requirements. Other secondary play areas and all out-of-play areas shall use only those species of drought and pest resistant turf listed below:

(1) Fescue species.

(2) Smooth bromegrass.

(3) Reed canary grass.

(4) Little bluestem.

(5) Deertongue.

(6) Red top.

(7) Switch grass.

(8) Other varieties shown to be drought and pest resistant.

(c) The applicant shall demonstrate that "no-mow" and "no-spray" zones have been incorporated in the course design and that such zones have been maximized in area and situated when appropriate adjacent to existing native vegetative cover and water bodies.

(d) An Integrated Turf Management (ITM) Plan and Integrated Pesticide and Pest Management (IPM) Plan shall be submitted which are specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with guidelines established by the New Jersey Department of Environmental Protection (NJDEP), and shall take into account guidelines promulgated by the United States Golf Association (USGA) and the Golf Course Superintendents' Association of America (GCSAA). These plans shall use Best Management Practices (BMPs) to prevent and/or minimize adverse impacts of the golf course on groundwater and surface water resources.

(e) The ITM/IPM Plans required in Subsection j2(d) above shall incorporate at a minimum the following items:

(1) Strategies to prevent or discourage recurring pest problems, which may include pest resistant turf, modifying microclimates, changing cultural practices, and using various non-chemical control measures;

(2) Selection of pesticides that have low toxicity, low solubility (<30 ppm), high sorption rates (K>300), and short half lives (<21-50 days);

(3) Delineation of high, medium and low maintenance areas and the thresholds of pest damage that the course will accept for each area;

(4) Descriptions of the planned turfgrass;

(5) Identification of local disease, insect and weed problems; and

(6) Identification of aesthetic and functional thresholds for pest and disease.

(f) A Soil Erosion and Sedimentation Plan for the golf course shall be submitted which outlines coordinated soil erosion and sediment control measures by focusing on the perimeter of the graded areas. This Plan shall also limit the extent of clearing and soil exposure prior to revegetation, possibly through construction phasing. A grading plan, sufficient to determine consistency with the stormwater management requirements of Subsection 20-5.14h2(f), shall be submitted for the course, with individual grading plans submitted for specific holes as circumstances warrant.

(g) All waterway crossings shall be bridged, not designed with culverts.

(h) Monitoring of surface water and groundwater quality and quantity shall be provided by the owner(s) on a quarterly basis according to a Water Quality Monitoring Plan prepared specifically for the proposed golf course/club. This monitoring shall include testing for nitrates and all pesticides to be used on the course (only those found on the Pinelands approved list may be applied. Other pesticides registered with the USEPA may be used only if they are approved by the Pinelands Commission following the submission of a report detailing their characteristics). At least 12 testing sites shall be required; such sites shall located next to tees, greens, and fairways in order to identify turf management issues, as well as at upgradient, downgradient and sidegradient locations on the golf course. Water table monitoring shall also be provided, using continuous water table monitoring equipment (data log). Such a monitoring program shall detail the type, timing and frequency of testing, as well as identify the specific chemical parameters to be tested, and shall be established at the time the Integrated Turf Management Plan and the Integrated Pesticide and Pest Management Plans required in Subsection j2(d) above are approved by the Township. The monitoring program shall be consistent with the guidelines established for monitoring plans established by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis and the Pinelands Commission.

(i) Any streams that traverse the golf course shall be monitored at their entry and exit points to establish impacts on surface water quality.

(j) Detection of levels of nitrates or pesticides above those standards outlined in the Water Quality Management Plan required in Subsection j2(h) above, or the presence of prohibited chemical constituents, shall result in immediate re-testing at the impacted well site(s). A second consecutive reading above allowable levels shall result in the use of the product causing the readings to be immediately discontinued at the site. A third test shall be conducted one month later; if the problem persists, or if there are any chemical spills or other occurrences that may present a hazard to local water quality or inhabitants, they shall be immediately reported by the owner to the appropriate authorities for possible mitigation. If the level of nitrate/nitrogen exceeds two ppm, the golf course superintendent shall provide to the Township and the Pinelands Commission a written description of how he or she intends to modify the turf management program in order to ensure consistency with the two ppm standard.

(k) Fertilizer runoff shall be reduced via slow-release fertilizers and through the selection and use of organic products whenever possible.

(l) Storage, handling, and disposal of chemicals shall be conducted in compliance with State and OSHA regulations. Maintenance employees shall be properly trained with respect to these procedures.

(m) Porous materials such as wood chips and gravel shall be used as alternatives to asphalt and concrete in areas where traffic characteristics permit. Wood chips shall be generated from trees removed on-site to the maximum extent possible.

(n) Paved parking areas shall be limited to 50 spaces, with additional parking areas consisting of porous materials.

(o) Any planned construction, improvements, renovations or upgrades on the course shall include measures to prevent stormwater runoff and nonpoint pollution from entering waterways during construction.

(p) Any nonpoint pollution control measures required as part of the course design shall be installed in a manner which protects adjacent areas from construction activities.

(q) Storage and wash areas for maintenance equipment shall be covered as to prevent runoff of chemicals. All chemical storage areas and septic systems shall maintain a minimum distance of 300 feet from all freshwater wetlands.

(r) Where applicable, grass clippings shall be composted rather than bagged.

3. Water Conservation Techniques.

(a) An Irrigation Water Management Plan (IWM) shall be submitted, specific to the operation and maintenance of the proposed golf course. The IWM shall demonstrate how, through the use of innovative technologies and practices, the course will reduce water use by at least 10% as compared to state-of-the-art golf courses currently being constructed outside the Pinelands. The IWM shall include specifics on installation of an approved irrigation system that reduces water use to the maximum extent practicable, evaluation of the irrigation system and pump operation prior to season startup to ensure efficiency and proper functioning, proper scheduling of irrigations by following a predetermined monitoring and record-keeping procedure, installation of management tools and devices, and testing of irrigation water quality. All irrigation areas must be clearly delineated in the course layout. The IWM shall demonstrate that areas eligible for irrigation are limited to greens and collars, tees, greens approaches, fairway landing zones, and other fairway areas and shall demonstrate that the irrigation of roughs will be limited to the greatest extent possible. Watering shall be scheduled as to reduce evaporation and the potential for disease.

(b) A water use budget and water recycling plan that complements the IWM Plan required in Subsection j3(a) above shall be prepared and submitted, which is specific to the proposed golf course. This plan shall detail the source of potable and irrigation water, the projected amounts which will be required and the water supply capacity of any aquifer from which such water will be withdrawn, and should ensure that consumptive water use is minimized.

(c) Where native shade trees are planted, as around waterways, they shall be clustered as to reduce evaporation rates.

(d) The construction of runoff collection ponds in upland areas shall be required for use as stormwater management devices and as potential sources of irrigation water. Best Management Practices (BMPs) shall be employed to maximize recharge of surface runoff. Ponds shall be designed and constructed to prevent stagnation, including the use of aeration devices and other techniques to maintain pond water circulation.

(e) Unless the applicant can demonstrate that they are unnecessary, underdrain systems that will eventually feed lined lakes shall be required for tees and greens; these may be used as a source of irrigation water.

(f) Following the installation of any well intended to serve as a water supply source for the golf course/club, and prior to the issuance of a Certificate of Occupancy, a pump test shall be conducted at the maximum projected pumping rate, to assess the impact(s) on other well users in the vicinity. The results of this test shall be used to project the cone-of-depression for production wells, and to determine whether existing wells or wetlands will be adversely affected. If adverse effects on existing wells or wetlands are projected, alternative water supply sources shall be required for the golf course.

k. Adult Retirement Community.

1. Intent and Purpose. It is the intent and purpose that adult re