[Ord. No. 95-588 Art. VII; Ord. No. 97-625 § 1; Ord. No. 2003-718, §§ II, V; Ord. No. 2003-722, § I]
To further the purpose and intent of this chapter, the area of Pine Hill is divided into zones or districts as follows:
RESIDENTIAL ZONES
R-Rural
Low Density Residential consisting of 2 or more acres per lot.
150 feet width, 50 feet front yard, 40 feet rear yard, 20 feet min. 50 feet AGG side yard, 25% building lot coverage, 35 feet building height, 2 parking spaces per unit.
R-Low
Low Density Residential consisting of 1/3 to 1/2 acres per lot. A minimum lot size is 15,000 square feet (NOTE: old R "A").
100 feet width, 30 feet front yard, 25 feet rear yard, 15 feet min. 30 feet AGG side yard, 30% building lot coverage, 35 feet building height, 1 parking space per unit.
R-Med
Medium Density Residential consisting of 0.258265 acres per lot. A minimum lot size is 11,250 square feet (NOTE: old R "B").
75 feet width, 30 feet front yard, 25 feet rear yard, 10 feet min. 25 feet AGG side yard, 30% building lot coverage, 35 feet building height, 1 parking space per unit.
R-Multi
2 or more units in a structure. A minimum lot size per dwelling unit is 4,000 square feet and the total minimum tract area is 1 acre. (NOTE: old R "C" and R "D").
Each lot 20 feet width, 30 feet front yard, 30 feet rear yard, side lots nonapplicable (End Units Only 20 feet side yard), 40% building lot coverage, 40 feet or 3 story building height, 1.5 parking spaces per unit.
R-SenCit
Residential parcel or tract designed for the development and construction of single family housing for the elderly. 5 residential dwelling units per 1 acre. A minimum lot size is 6,000 square feet. (NOTE: old R "E").
a.
20 feet width, 30 feet front yard, 30 feet rear yard, side lots nonapplicable (End Units Only 20 feet side yard), 40% building lot coverage, 1.5 parking spaces per unit.
b.
Single Family Detached. Sixty feet width, 20 feet front yard, 25 feet rear yard, 10 feet minimum, 25 feet aggregate side yard, 30% building lot coverage, 1.5 parking spaces, 17 feet building height or one story.
c.
Single Family Attached (Quad Units). Sixty feet width, 20 feet front yard, zero feet rear yard, zero feet minimum, 20 feet aggregate side yard, 30% building lot coverage, 1.5 parking spaces, 17 feet building height or one story.
TRADE ZONES
GBD
General Business District consisting of lot size of 20,000 square feet or more. 100 feet minimum lot width, 100 feet front yard, 10 feet rear yard if back up to commercial and 25 feet rear yard if back up to residential, 25 feet side yard, 30% building and 75% impervious coverage, 50 feet all over building height, 1 parking space for every 200 square feet of building.
LBD
Limited Business District consisting of a minimum lot size of 20,000 square feet or more. 100 feet minimum lot width, 50 feet front yard, 10 feet rear yard if back up to commercial and 25 feet rear yard if back up to residential, 25 feet side yard, 30% building and 75% impervious coverage, 35 feet all over building height, 1 parking space for every 200 square feet of building.
CBD
Central Business District consisting of a minimum lot size of 7,500 square feet. 75 feet lot width, 25 feet front yard, zero feet rear yard if back up to commercial and 25 feet rear yard if back up to residential, zero feet side yard if adjoins commercial, 15 feet single and 30 feet combined side yard if adjoins residential, 30% building and 75% impervious coverage, 40 feet or 3 story of total building height, 1.5 parking spaces for each unit.
IND
Industrial District consisting of a minimum lot size of 1 acre. 150 feet lot width, 60 feet front yard, 40 feet rear yard, 40 feet side yard, 40% total lot coverage, 50 feet or 3 story of total building height, 1 parking space for every 200 square feet of building or 1.5 for every employee, whichever is greater.
SPECIAL USE ZONES
I
Institutional District
A
Agricultural District
FP
Floodplain District
PRC
Planned Recreation and Conservation District
[Ord. No. 95-588 Art. VII; Ord. No. 2008-830; Ord. No. 2009-838]
a. 
Adoption of Zoning Map. The areas within the Borough limits as assigned to each zone, and the location of boundaries of each zone established by this article are shown upon the map entitled "Zoning Map of the Borough of Pine Hill", which Zoning Map is hereby adopted and declared to be a part of this chapter and shall be kept on file with the Borough Clerk.[1]
[1]
Editor's Note: A copy of the Zoning Map referred to herein is included as an attachment to this chapter.
b. 
Zone Boundary Lines. The zone boundary lines shall be as shown on the Zoning Map. Figures indicating numbers of feet appearing on said map between a road, street, avenue or railroad right-of-way and boundary line of a zone mean that the boundary line of the zone at such location runs parallel with the center line of the road, street, avenue or railroad right-of-way at the distance therefrom indicated by the number of feet marked. Where said map indicates a zone boundary approximately in a street, the center line of such street shall be construed to be the boundary. In case of doubt or disagreement concerning the exact location of the boundary line, the determination of approving authority shall prevail.
c. 
Encroachment into Adjacent Zone. When a zone boundary line other than one located in a street, avenue, road or railroad right-of-way, divides a tract of land upon which a single use is proposed, the use permitted in the zone in which the majority of the area of the tract lies may encroach a maximum of 50 feet into the adjacent zone, in effect, extending the width of the zone in question by a maximum of 50 feet into the zone in which the smaller part of the tract lies.
d. 
Zoning Map Amendments.
1. 
Pursuant to Ordinance No. 2008-830, the zoning classification for Block 48, Lot 94.01 is hereby changed from Institutional to Residential Medium.
2. 
Pursuant to Ordinance No. 2009-838, the zoning classification for Block 75, Lot 59 is hereby changed from Institutional to Residential Medium.
3. 
Pursuant to Ordinance No. 2022-1014 (April 4, 2022), the entirety of the previous municipal corporation known as the Borough of Pine Valley, Block Nos. identified as 1.99, 2.99, 3.99, 4.99 and 5.99, is designated to the PRC Planned Recreation and Conservation Zoning District.
[Ord. No. 95-588 Art. VII]
a. 
Zoning Officer. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Borough of Pine Hill. The Zoning Officer shall be appointed by the Mayor and shall receive such compensation as shall be fixed by the general salary ordinance.
b. 
Duties and Responsibilities of Zoning Officer.
1. 
The Zoning Officer shall prepare all forms required for the administration and enforcement of this chapter. He shall keep a record of all applications for permits or certificates submitted to him and the action taken by him; and he shall keep and maintain proper files and other records pertaining to the administration and enforcement of this chapter.
2. 
The Zoning Officer shall receive, review, process and file all applications and plans for zoning permits and certificates of conformity and shall issue permits and certificates only in accordance and conformity with the provisions and regulations of this chapter.
3. 
Except as otherwise authorized under the terms and conditions of an order or decision of an approving authority the Zoning Officer shall not permit, nor issue any permit or certificate for any use, change of use, extension of a nonconforming use, erection, construction, alteration, repair, remodeling or conversion of any building or structure, or portion thereof; removal or destruction of any building or structure for location, relocation, replacement or erection on any lands in the Borough of Pine Hill which does not conform to or comply with the terms and provisions of this chapter or which would be in violation of any provision thereof.
4. 
The Zoning Officer shall make and perform such inspections as may be necessary for the administration and enforcement of this chapter and for the issuance of zoning permits and certificates of zoning conformity, and for such purposes, he shall have the right to enter any building or premises during the daytime in the course of his duties. All inspections made by the Zoning Officer shall be logged in a book and kept for such purposes.
5. 
Any nonconforming uses, buildings, structures or signs found upon inspection by the Zoning Officer to be in violation of the terms and provisions of this chapter shall be logged and reported in writing.
6. 
In the event any condition is found to exist in violation of any regulation, term or provision of this chapter the Zoning Officer shall issue a written order to immediately remedy or correct such violation or to stop work and/or prosecute the violation in the Municipal Court.
7. 
In the event the Zoning Officer shall receive a complaint or notice alleging the existence of a violation of the provisions of this chapter, he shall investigate the alleged violation, and if a violation exists, he shall take action as provided by this chapter. The source and identity of the person or persons making such complaint or providing such notice shall be held and maintained in confidence until it shall be deemed necessary to divulge the same in the course of any action or proceeding for the enforcement or prosecution of a violation of the terms of this chapter.
8. 
The Zoning Officer shall attend all meetings of the Zoning Board of Adjustment and respond to questions presented to him by the members of the Board. He shall also be prepared to testify and produce his records, if so required, during any hearing before the Zoning Board of Adjustment. Upon request, the Zoning Officer shall also attend meetings of or hearings before the Borough Council or Planning Board for the purpose of responding to questions, giving testimony or producing records.
9. 
The Zoning Officer shall provide a copy of all zoning permits issued by him to the Construction Code Official and a copy of all Certificates of Zoning Conformity to the Construction Code Official and Tax Assessor.
c. 
Fees. The Borough Council, from time to time, shall determine and establish all fees, charges and expenses for all permits, certificates and other matters pertaining to this article. Such fees shall be collected by the Zoning Officer as provided herein and turned over to the Borough Treasurer before the close of each business day.
d. 
Temporary Use Permits.
1. 
It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities or uses for a limited period of time, which activities or uses may be prohibited by provisions of such a nature, and are so located at the time of application, they will:
(a) 
In no way exert a detrimental effect upon the uses of land activities normally permitted in the zone.
(b) 
Contribute materially to the health, safety or welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved.
2. 
Temporary use permits may be issued by the Borough Council by resolution after written application therefore, for a period of time not to exceed 30 days. Such period may be extended by the Borough Council for an additional 30 days. For good cause shown by applicant, the Borough Council may further extend the period of time of the temporary use permit with conditions, including submission of periodic reports.
e. 
Violations.
1. 
Except as otherwise provided, it shall be a violation of this chapter to fail to secure a zoning permit prior to the commencement of (i) any use, change of use, extension of nonconforming use; (ii) the erection, construction, alteration, repair, remodeling, conversion of any building, structure or addition; (iii) the removal or destruction of any building or structure or (iv) the moving of a building or structure into or within the Borough of Pine Hill for storage, location, relocation, placement or erection on any lands or premises within the Borough of Pine Hill.
2. 
Failure to secure a Certificate of Zoning Conformity prior to the use and/or occupation of any building, structure or land within the Borough of Pine Hill shall be a violation of this chapter.
3. 
Failure to discontinue a violation after written notice of such violation has been served by the Zoning Officer shall be a violation of this chapter.
f. 
Fines and Penalties. Any person, firm, partnership, association or corporation who shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding before the Borough of Pine Hill Municipal Court, be subject to a fine of not more than $1,000 or imprisonment not to exceed 90 days or both such fine and imprisonment. All fines collected for the violation of this chapter shall be paid over to the Borough. Whenever such person has been officially notified by the Zoning Officer or by the service of a summons in prosecution, or in any other official manner that he is committing a violation, then each day after that violation is continued said violation shall constitute a separate offense and be punishable by a like fine and penalty.
[Ord. No. 95-588 Art. VII Ord. No. 2018-966]
a. 
Requirement of Zoning Permit.
1. 
The issuance of a zoning permit shall be required prior, and as a condition of precedent to the commencement of:
(a) 
Any use, change of use or extension of a nonconforming use of lands and premises within the Borough of Pine Hill;
(b) 
The installation, erection, construction, alteration, repair, remodeling or conversion of any building, structure or accessory use, or any portion thereof, on any lands and premises within the Borough of Pine Hill.
[Ord. No. 2018-966]
(c) 
The removal or destruction of any building or structure;
(d) 
The moving of a building or structure of whatsoever kind or nature, or any portion thereof, into or within the Borough for storage, location, relocation, placement or erection on any lands and premises within the Borough of Pine Hill; and it shall be unlawful for any person to commence any of the foregoing without first having obtained a zoning permit therefor.
2. 
Prior Approval for Construction Permit. The issuance of a zoning permit shall be a required "prior approval" and condition precedent to the issuance, by the Construction Code Officials, of a construction permit for the erection, construction, alteration, repair, remodeling, removal or destruction of any building, structure or portion thereof.
All applications shall contain a statement by applicant of all existing and proposed uses of the lot and premises and such other information as may be requested by the Zoning Officer and reasonably necessary for said official to ascertain whether the proposed use, change of use, erection, construction or alteration complies with the provisions of this chapter. Applications shall be fully completed and signed by the applicant and the applicant shall certify as to the truth of the information submitted in the application and accompanying documents so that any willful misstatements shall be considered a violation of this provision and subject the offender to the penalties provided herein.
All applications shall be numbered in sequence and submitted to the Zoning Officer in triplicate. Upon receipt, the Zoning Officer shall date each copy, maintain the original in his file, distribute one copy to the applicant and the other copy to the Department of Economic Development.
b. 
Application for Zoning Permit. Applications for zoning permits and temporary zoning permits (valid only for a period of 30 days) shall be made by the applicants in writing on forms provided by the Zoning Officer and submitted to the Zoning Officer together with two copies of a plot plan or sketch plat showing all existing and proposed buildings, structure and uses on the lands and premises for which application is made and setting forth on said plan or plat all proposed front, rear and side yard setback distances, total lot coverage and all parking area dimensions, and said plot plan or sketch plat shall be part of the application.
c. 
Issuance of Permits.
1. 
An application for a zoning permit shall be granted or denied by the Zoning Officer within 30 days of the date of filing a complete application. If any application is granted or approved, written permit shall be issued by the Zoning Officer. Said permit shall be numbered in sequence, dated and signed by the issuing officer, and among other information, shall contain: a brief description of the use and/or work to be commenced or performed thereunder; the block and lot number and address of the property on which the use or work is to be commenced or performed; the names of the applicant and owner to whom the permit is to be issued, notice of the date of expiration of the permit and notice that the use or work must be commenced, performed and completed in accordance with the application upon which the permit issued and all applicable approvals, law, ordinances, rules and regulations of the federal, state and local governments, boards, agencies or authorities. If an application for permit is denied or rejected by the Zoning Officer, he shall state the reason or reasons for such denial in writing and provide the applicant with a copy of same.
2. 
No zoning permit shall be issued by the Zoning Officer for any use, change of use, extension of a nonconforming use, erection, construction, alteration or moving of a building or structure, or any activity which does not comply with or conform to their terms, provisions and regulations of this chapter, statute or the order of decisions of an approving authority or court of competent jurisdiction.
3. 
No zoning permit shall be issued in instances wherein subdivision or site plan approval is required unless and until the applicant has secured final subdivision or site plan approval and has complied with all the terms and conditions of such approval and terms and provisions of the applicable development regulation, including payment of required fees, escrow deposits and posting of performance guarantees.
4. 
No zoning permit shall be issued for any use, change of use, extension of nonconforming use, erection, repair, remodeling, conversion, removal, destruction, replacement, relocation, construction, alteration or moving of a building or structure for which an approval has been granted by an approving authority if said approval has expired, been revoked or determined to be invalid.
5. 
No zoning permit shall be issued if taxes or assessments for local improvements are due or delinquent on the property for which a zoning permit application is made. Submission of proof that no taxes or assessment for local improvements are due or delinquent shall be required as a condition precedent to the issuance of a zoning permit.
d. 
Expiration of Permits. No zoning permit shall be valid or effective for more than one year from the date of issuance thereof, and shall thereafter be null and void unless the use, change of use, extension of nonconforming use, erection, construction, repair, remodeling, conversion, removal, destruction or moving, alteration or relocation of a building or structure authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with due diligence.
e. 
Exceptions.
1. 
Existing Residential Structures. Notwithstanding any provision in this chapter to the contrary, no zoning permit shall be required for the following work on existing residential structures:
(a) 
Installation, replacement or repair of siding (involving no additional square footage added to the structure).
(b) 
Replacement or repair of existing roof or existing roof shingles (involving no additional square footage added to structure).
(c) 
Installation, replacement or repair of windows.
(d) 
Installation, replacement or repair of doors.
(e) 
Installation or repair of existing porch or patio (involving no additional square footage added or enclosure of same).
(f) 
Replacement or repair of existing steps (involving no increase in size of steps, width or length).
2. 
Conditions. There shall be no exception from the requirement of a zoning permit for existing residential structures if the work involves any one or more of the following:
(a) 
Change in setback, front, side or rear.
(b) 
Change in lot coverage.
(c) 
Change in use such as from single family to multiple-family.
(d) 
Need for a variance.
(e) 
Expansion for a nonconforming use.
(f) 
Structural changes, addition of square footage to the structure or roof or the enclosure of existing open porch or patio.
3. 
Certification Statement. No exception shall be granted unless the applicant fully completes, signs and files a Certification Statement of Work form provided by the Construction Office.
4. 
Construction Permits. In cases of an exception although no fee for a zoning permit shall be required, applicant shall be required to obtain all necessary construction permits and pay the fee therefor.
f. 
Non Waiver. In no case shall the issuance or nonissuance of a zoning permit be construed as a waiver of the provisions of this chapter or any other ordinance of the Borough of Pine Hill; nor shall it be construed as a waiver of the terms or provisions of any state statute, rule, regulation, approval or decision of any approving agency.
[Ord. No. 95-588 Art. II]
a. 
Requirement of Certificate of Zoning Conformity.
1. 
The issuance of a certificate of zoning conformity shall be required prior to, and as a condition precedent of the use or occupancy of any building, structure or land; and no person shall use or occupy or permit, suffer or cause the use or occupancy of any building, structure or land without first having obtained a certificate of zoning conformity therefor.
2. 
Prior approval for Certificate of Occupancy. The issuance of a certificate of zoning conformity shall be required "prior approval" for a condition precedent to the issuance by the Construction Code Official of a certificate of occupancy.
b. 
Application for Certificate of Zoning Conformity. Application for a certificate of zoning conformity and temporary certificate of zoning conformity (valid only for a period of 30 days) shall be made by applicants in writing on forms provided by the Zoning Officer and submitted to the Zoning Officer together with two copies of an "as-built" plot plan sketch plat showing, upon completion, all building, structures and additions constructed, erected or relocated on the lands and premises for which a zoning permit application was made. Said plan or sketch shall show all "as-built" front, rear and side yard setback distances, total lot coverage and all parking area dimensions. In the case of new construction where the property lines of the lot cannot be readily determined by the Zoning Officer on a site inspection, the Zoning Officer may require that two copies of an "as-built" survey, certified by a New Jersey land surveyor, be submitted by applicant in lieu of the sketch plat or plot plan. All applications shall be fully completed and signed by the applicant and the applicant shall certify as to the truth of the information submitted in the application and accompanying documents so that willful misstatements shall be considered a violation of this provision and subject the offender to the penalties provided herein. All applications shall bear the number of the zoning permit and shall be submitted in triplicate to the Zoning Officer. Upon receipt of the same, the Zoning Officer shall date each copy of the application, and distribute one copy to the applicant, one copy to the Department of Economic Development, and maintain one copy for his file.
c. 
Issuance of Certificate of Zoning Conformity.
1. 
An application for a certificate of zoning conformity shall be granted or denied by the Zoning Officer within 10 days of the date of filing a complete application. If an application is granted or approved, a certificate of zoning conformity shall be issued by the Zoning Officer. Each certificate shall be numbered in sequence and bear the number of the zoning permit, and each certificate issued shall be dated and signed by the Zoning Officer. The certificate, among other information, shall contain: the block and lot number and address of the property to which it relates: the name and address of the applicant and owner; the date of inspection by the Zoning Officer pursuant to the application, a brief description of the nature of use and buildings or structures for which the certificate is issued; and a statement that such use and building or structures comply with the zoning permit issued therefore and conform with all the terms, conditions, provisions and regulations of this chapter.
If an application for a certificate of zoning conformity is denied or rejected by the Zoning Officer, he shall state the reason for such denial in writing and provide the applicant with a copy of same.
2. 
No certificate of zoning conformity shall be issued until the building or structure for which the zoning permit was issued has been completed and the Zoning Officer shall have inspected the same for conformity.
3. 
No certificate of zoning conformity shall be issued for any use, building or structure which does not conform to the terms of the zoning permit issued therefor and to the terms, provisions, regulations and conditions of this chapter or to the order or decision of any approving authority or court of competent jurisdiction.
4. 
In cases where variances are granted to an applicant by an approving authority, it shall be the duty and responsibility of the Zoning Officer to assure the compliance with the conditions, terms and provisions of such grant and approval prior to the issuance of a certificate of zoning conformity.
d. 
No certificate of conformity shall be required for any work excepted from the requirement of a zoning permit as in this chapter; nor shall a certificate of conformity be required as a prior approval or condition precedent to the issuance by the Construction Official of a certificate for such work.
[Ord. No. 95-588 Art. VII]
a. 
Minimum and Uniform Regulations. The regulations set by this chapter within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
b. 
Use of Land. On or after the effective date of this chapter, no person shall occupy or use any land or construct or locate any building within the bounds of the Borough, except in conformity with the restrictions and regulations established by this chapter for the zone in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter.
c. 
Aiding or Assisting in Use of Land; Construction of Buildings. On or after the effective date of this chapter, no person, whether acting as manager, agent, architect, engineer, contractor, artesian, mechanic, laborer or otherwise, shall aid or assist any person in the occupation or use of any land or in the construction or location of any building within the bounds of the Borough, unless such occupation or use of land or unless such building is in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter.
d. 
Existing Uses and Structures. In all zones, after the effective date of this chapter, any existing building or other structure or any tract of land or use which is not in conformity with the regulations for the zone in which it is located shall be deemed as nonconforming and subject to the appropriate regulations of this chapter governing such nonconformity uses, lots and structures.
e. 
Failure to Comply. Any building that shall have been constructed or located on or after the effective date of this chapter in violation of the restrictions and regulations established thereby for the zone in which such building is located and/or in violation of any of the other pertinent terms or provisions of this chapter shall be changed, altered, corrected and/or relocated by the person who constructed or located such building or by the owner of the land on which such building is situate so that such building and the premises of which it is a part shall thereafter conform with the restrictions and regulations established by this chapter for the district in which such building is located and shall conform with all other pertinent terms and provisions of this chapter. Such change, alteration, correction and/or relocation of the building shall be made and effected within 30 days next after making and service of such order, which order the Zoning Officer may serve or cause to be served by delivering the same or a duplicate thereof to the person to whom such order is directed or by forwarding the same or duplicate thereof by first-class mail to the last known post office address of such person and by posting a duplicate of such order on the building or premises mentioned therein.
f. 
Interpretation of Regulations. The interpretation of the regulations of this chapter is intended to be such that, whenever these requirements are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, as particularly refer to area and bulk regulations and impose higher standards, that most restrictive requirements shall govern.
[Ord. No. 95-588 Art. VII]
a. 
Continuation. Any nonconforming use or structure existing on the effective date of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm, or act of God shall be examined by the Construction Official. If in the opinion of the Construction Official, the cost of repair is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 50% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided it is built in one year and is used for the same purpose as before, provided it is rebuilt in one year and does not exceed the height, area volume of the original structure. The percent of damage shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
b. 
Discontinuance.
1. 
If a nonconforming use or structure ceases operations for a continuous period or more than one year then this shall be deemed to be an intent to abandon such use and any subsequent use shall conform to the regulations of this chapter.
2. 
If abandonment occurs involuntarily, the owner may request that the discontinuance be continued beyond the one-year period, provided that application for extension is made within the initial one-year period.
[Ord. No. 95-588 Art. VII]
a. 
Objectives. In order to protect and preserve the open space of the Borough and to further the public health, safety, morals and general welfare, the following statement of objectives is set forth:
1. 
To encourage innovations in residential development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said building.
2. 
To encourage a more efficient use of land and of public services, or private services in lieu thereof.
3. 
To provide for a continuous and integral open space system.
4. 
To conserve the value of the land.
5. 
To encourage more flexible land development that will preserve and enhance natural resources, such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas and areas of importance to natural ecosystem.
6. 
To provide that open space within developments shall be planned and designed to achieve the Borough goal of insuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the development; and that those portions of the Borough which, because of their natural features, constitute important visual amenities and environmental resources; and that common open space configuration within a development may be evaluated in terms of inventories of the natural features of the site recreation demand projections prepared by the applicant and a plan may be prepared indicating the general location of common open space areas for natural preserves and for active recreational purposes.
7. 
To provide for various densities, lot sizes, street patterns and aesthetic factors that are suitable to the land and aesthetics factors that will enhance each development.
b. 
Open Space.
1. 
Open space areas in residential subdivision shall be reserved in accordance with the requirements for individual zones listed in this chapter and in accordance with the provisions of this chapter.
2. 
One-half the total area of any reserved open space must be used for active recreation in accordance with the requirements of this chapter.
3. 
The open space requirement shall be waived only when enforcement of this requirement would prevent the construction of low and moderate-income housing.
c. 
Dedication of Open Space to the Borough.
1. 
Prior to final subdivision approval, the applicant shall agree in writing to dedicate all open space areas within a proposed subdivision to the Borough, unless the Borough specifically declines to accept dedication of such areas pursuant to the recommendation of the approving authority, and the approval of the governing body.
2. 
In the event that the Borough declines to accept the dedication of open space within a subdivision, such open space shall be dedicated to a homeowner's association created pursuant to this chapter.
d. 
Schedule of Development of Recreational Facilities. All recreational improvements shall be installed in accordance with a schedule prepared by the Recreation Commission and as approved by the Mayor. The schedule shall be reviewed and approved by the approving authority at the time of preliminary approval.
As a minimum requirement, no less than 50% of all recreation improvement shall be installed prior to the issuance of a certificate of occupancy for more than 75% of the total approved dwelling units.
e. 
Contribution in Lieu of Construction of Active Recreation.
1. 
In lieu of construction of the active recreation required by this chapter, the developer may elect, with approval by the approving authority to make a contribution of $500 per unit to a Recreation Trust Fund maintained by the Borough specifically for the periodic purchase price, lease, acquisition and/or maintenance of active recreation lands and improvements for the use of the Borough residents. Said contribution shall be paid as follows: 1/2 at the time of final approval, and the balance per unit at the time of each building permit, in addition to the regular building permit fees. The land required to be used for active recreation pursuant to this chapter shall thereafter be used for passive recreation, unless the Borough elects to constitute active recreation facilities thereon at Borough expense.
(a) 
Standards.
(1) 
The minimum tract size shall be two acres.
(2) 
The common or public open space shall be landscaped, planted or left wooded in accordance with the plan as approved by the approving authority.
(3) 
The overall density, minimum buildable lot size and zoning requirements of the zone in which the tract is located shall not be exceeded.
(b) 
Open Spaces. Any lands proposed as open space as required above shall be located and be of a size that will best suit the purposes for which such lands are intended. Said lands shall be conveyed to the Borough in accordance with this chapter, unless the Borough specifically declines to accept dedication of such areas, in which case the open space shall be dedicated to the homeowner's association in accordance with this chapter. Acceptance by the Borough shall be subject to approval by the governing body, who shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, accessibility of such land, and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of lands. The recreation requirements of the particular zone shall be met and any active recreation improvements for the open space shall be completed, inspected and approved prior to acceptance of any deed for the open space.
[Ord. No. 95-588 Art. VII]
Homeowner's association may be established for the purposes of owning and assuming responsibilities for the common open space and common property designed within a development provided the approving authority is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. The organization must be established by an instrument which shall receive the approval of the approving authority, be in recordable form and have the following provisions:
a. 
Membership shall be limited to and mandatory for all property owners, stockholders under cooperative development, and other owners of property or interest in the project, required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his prorata share of the organization's cost.
b. 
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless for any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Borough of Pine Hill.
c. 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
d. 
The organization shall clearly describe in its by-laws all the rights and obligations of each tenant and owner, and shall include a copy of the covenant, model deeds, and Articles of Incorporation and the fact that every tenant and property owner shall have the right to use all common property. These shall be set forth as a condition of approval and shall be submitted to the Borough Attorney or the approving authority prior to the granting of final approval.
e. 
The Articles of Incorporation, covenants, by-laws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall further provide that if either the developer or the Association shall fail to maintain the common open space or common property in reasonable order and condition, the Zoning Officer may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b and if it becomes necessary for the Borough to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 49:55D-43 shall be followed.
[Ord. No. 95-588 Art. VII]
a. 
General Rules. Measurements from rights-of-way or watercourses shall be taken from the edge of the right-of-way rather than from the center.
b. 
Specific Area and Bulk Measurements. The following regulations shall prescribe the manner in which distances are measured:
1. 
Land area: a two dimensional computation using the linear measurement of the boundary lines of the lot.
2. 
Building area: a two dimensional computation using the linear measurements of the exterior surface boundary lines, taken at the building's largest horizontal cross section.
3. 
Building length: the measurement shall extend in only one general direction.
4. 
Distance between building: the measurement shall be at the narrowest point.
5. 
Highway access points: the measurements shall be taken along the street line.
6. 
Parking perimeter radius: the measurement shall extend from a public entranceway.
7. 
Setback line: the measurement shall extend perpendicular to the street line.
8. 
Lot width on radius: for all lots fronting on a street radius, the lot width will be measured at the setback line including cul-de-sac development.
9. 
Corner lots: front yards on the long sides of a corner lot may be reduced to a depth of not less than 20 feet.
10. 
Lot sizes: in all districts, the minimum lot square footage shall be adhered to, and one side line and the frontage must conform to the minimum requirements.
[Ord. No. 95-588 Art. VII]
[Ord. No. 95-588 Art. VII]
a. 
Compliance with Regulations. Fences, hedges and/or walls may be erected, altered or reconstructed in any district in accordance with the following regulations and in accordance with all other provisions of this chapter.
b. 
General Regulations. Fences, hedges and walls cannot project past the front wall of the building or the side wall of a corner building, except as noted below.
c. 
Fences, Walls or Hedges at Intersections Restricted.
1. 
At or near an intersection of two or more streets, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of motorists traveling on either intersecting street, regardless of the regulations specified below.
2. 
In the case of fences, walls or hedges in the front yards, the height of the fence shall not be more than 36 inches, except on corner lots where it shall not be more than 30 inches.
These height limitations shall be applicable for a distance of only 100 feet from the point where the center lines of the intersecting streets meet.
d. 
Other Height Restrictions.
1. 
Fences, hedges, walls and/or shrubbery running parallel to the front property line may be erected, altered or reconstructed to a height not to exceed six feet above ground level.
2. 
Fences, hedges, walls and/or shrubbery running parallel to side or rear yard lines may be erected, altered or reconstructed to a height not to exceed six feet above ground level.
3. 
In no case shall the six-foot fence project past the required or existing front setback line of the building. The purpose of this requirement is to maintain clear sight distance for the safety of vehicular traffic movements in and out of driveways.
4. 
In no case shall a fence, hedge or wall be permitted, unless the Zoning Officer determines that such fence, hedge or wall does not impair the necessary visibility required for safe traffic movement.
e. 
Open Wire Fencing on Public Premises. The foregoing restriction shall not be applied so as to prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a public park, public playground, school premises, or utility operation, or in the rear or side of a business or industrial zone.
f. 
Erection within Property Lines; Encroachment. All fences, hedges, walls and/or shrubbery must be erected within the property lines, and no fence, hedge, wall and/or shrubbery shall be erected so as to encroach upon a public right-of way.
The finished side of all fencing shall face outwardly and no fencing shall be installed so as to change or add to the natural flow of surface water onto adjoining or adjacent property.
g. 
Maintenance. All fences, hedges, walls and/or shrubbery shall be maintained in a safe, sound and upright condition.
h. 
Unsafe Fences and Walls; Notice to Remove or Repair. If the Construction Official, upon inspection, determines that any fence, wall or any portion of any fence or wall is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence or wall, in writing, of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 15 days of the date of the written notice.
i. 
Walls for Retaining Earth Excepted. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
[Ord. No. 95-588 Art. VII]
On the corner lot or any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such a manner which obscures the vision above the height of 2 1/2 feet and below 10 feet, measured from the center line of the intersecting streets or driveways and within the area bounded by the street lines of such corner lots and a line joining points on these street lines 100 feet from their intersection along the lot lines.
[Ord. No. 95-588 Art. VII]
a. 
A private garage in a residential district shall be permitted only when used as an accessory building to a dwelling on the same lot and for the storage of not more than three motor vehicles. A private garage may be either a separate building or it may be attached to or be an integral part of the dwelling to which it is accessory. A detached private garage shall be single story and shall not exceed 14 feet in height nor shall it exceed 720 square feet in area.
b. 
Attached garages shall conform to all regulatory requirements of the district in which they are located including all setbacks and other bulk and area regulations. Detached garages shall be located in a rear yard behind the rear building line and shall be set back a minimum of five feet from the rear and side property lines. A detached garage may be located in the side yard provided it does not extend beyond the front building line and conforms to all regulatory requirements of the district in which it is located including all setbacks and other bulk and area requirements.
c. 
All garages on corner lots must maintain the side yards stipulated in the applicable district, except that garages must be set back the same as the dwellings located on adjacent lots.
d. 
All living units are prohibited over attached garages, except those garages attached to residential dwellings other than by a breezeway.
a. 
Definition.
UTILITY SHEDS
A Utility Shed is a storage shed other than a garage. A truck trailer or any other object that was or is driven or pulled by a motorized vehicle is not included in this definition and such use of trailers or similar objects are specifically prohibited for storage use in all residential zones. A POD is not a Utility Shed, however, one is permitted to be placed on a residential property in a driveway or similar location in close proximity to the dwelling for temporary storage of the dwelling's contents for a period not to exceed 30 days. A Pod shall not be placed on a public sidewalk, in a public right-of-way or obstruct vehicular line of sight.
b. 
Regulations.
1. 
A Utility Shed is an Accessory Use.
2. 
A Utility Shed shall only be used for the purpose to function for storage of objects owned by residents of the property where the shed is located.
3. 
A Utility Shed shall not be used for any commercial purpose or used for any type of human habitation.
4. 
A Utility Shed may not be used for the keeping of any type of animal, domestic or otherwise.
5. 
A Utility Shed may not be used as a children's playhouse.
6. 
A Utility Shed shall not exceed at its highest point 12 feet and no shed shall be more than one story in height.
7. 
The maximum size of a Utility Shed on a Lot shall not exceed 140 square feet. No more than two Utility Sheds may be placed on a property which shall not exceed 200 square feet in total.
8. 
A Utility Shed may be constructed of wood, metal, vinyl and/or a combination thereof and may or may not be placed on a foundation or other containing type flooring.
c. 
Location.
1. 
Utility Sheds may not be placed on any property line.
2. 
A Utility Shed shall not be located nearer than 10 feet to a principal building on the property.
3. 
A Utility Shed shall be placed at a distance of no less than five feet from any side yard and no less than five feet from any rear yard.
4. 
A Utility Shed may not be located in any front yard as defined in this chapter, however, a Utility Shed may be located to the existing principal structure's building line.
5. 
A Utility Shed may not be placed in a location as to restrict vehicular sight distances at roadway intersections.
6. 
No Utility Shed shall be permitted in any easement, right-of-way or portion of a street.
7. 
No part of any Utility Shed shall protrude beyond all setback restrictions as set forth herein.
8. 
No Utility Shed shall be placed on any Lot without first obtaining a Zoning Permit and, when applicable, a Construction Permit. A dimensioned Plot Plan or Survey shall be provided to the Zoning Office to identify the location of the Shed on the property.
[Ord. No. 95-588 Art. VII; Ord. No. 98-653 § 1; Ord. No. 2018-966]
a. 
Definition: Tents and Carports.
1. 
A temporary and portable non-structural protective canvas, fabric, or plastic tent like protective device.
b. 
Regulations.
1. 
No canvas or plastic tent or tent like protective device shall be located in any front yard, but may be constructed/installed to the existing principal structure's building line. The structure shall not be constructed so as to restrict the vehicular sight distances at roadway intersections. These temporary design items, excluding structural garages, shall not be located any closer than five feet to any property line.
2. 
No Tent or Carport shall be placed on any Lot without first obtaining a Zoning Permit. A dimensioned Plot Plan or Survey shall be provided to the Zoning Officer to identify the location of the Tent or Carport on the property.
3. 
Residential party or event tents erected for a period of three days or less do not require Zoning Permits.
[Ord. No. 95-588 Art. VII]
a. 
Definition. Any constructed pool which is used or intended to be used as a swimming pool in connection with a single-family residence and available only to the family of the householder and his private guests shall be classified as a private swimming pool. Any swimming pool other than a private swimming pool shall be classified as a public or semi-public swimming pool. A portable pool is included within the terms of this definition.
b. 
Applicability. All pools hereinafter erected shall be subject to the regulations of this chapter. Compliance with these provisions is required. It shall be unlawful for any person to construct, install or create a swimming pool in the Borough of Pine Hill without first having complied with the provisions of this chapter and all other regulations of the Borough.
c. 
Location and Distance Requirements.
1. 
A swimming pool of a permanent or stationary type of construction shall not be constructed, installed or located within 10 feet of any property line or structure nor nearer to any street line upon which the residence fronts than the existing setback line of said residence building, but in no case, regardless of the building setback line, shall a pool be located less than 30 feet from the front street line.
2. 
A swimming pool shall not be constructed, installed or located on any land unless a residence building is also located thereon.
d. 
Fencing.
1. 
All fencing shall be in accordance with the fencing requirements specified herein.
2. 
All above ground pools 24 inches or more in depth which have a decking consisting of a rail or fencing two feet or more in height above the deck with a fold-up safety ladder when not in use shall be considered as being in compliance with the fencing requirement of the Borough.
e. 
Certificates of Occupancy. Certificates of Occupancy shall be required for all swimming pools.
f. 
Other Regulations. Swimming pools shall be subject to all of the regulations of the Borough of Pine Hill Code and the Construction Code.
[Ord. No. 95-588 Art. VII]
The keeping of horses shall be permitted in only the Industrial, Agricultural Zoning Districts subject to the following standards.
a. 
Not more than one horse or pony may be kept on a lot of at least one acre, provided that a pen or corral containing at least 800 square feet is included, and that a stable under a roof of at least 100 square feet is provided, and further provided that the pen, corral, fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling.
b. 
Not more than two horses or ponies may be kept on a lot of at least 1 1/2 acres, provided that they are enclosed in a pen or corral containing at least 800 square feet per animal, including a stable under a roof of at least 100 square feet per animal, and further provided that the pen, corral, fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to an existing neighboring dwelling.
c. 
Not more than three horses or ponies may be kept on a lot of two acres, provided that they are enclosed in a pen or corral containing 800 square feet for the first horse or pony and 400 square feet for each additional horse or pony, including a stable under a roof containing at least 100 square feet per animal, and further provided that the pen, corral, fences or similar enclosures are not closer than 20 feet to the adjacent property line or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling. The maximum number of horses under single ownership shall not exceed three horses, regardless of the number of acres exceeding two acres.
d. 
The stable shall be defined as a structure on a tract qualifying as a farm for housing horses or ponies and products used for the keeping and handling of horses and ponies. No structure housing horses or ponies shall be located nearer than 20 feet to any adjacent property line without proper screening, or 50 feet to any neighboring dwelling. Stables must be built so as not to create offensive odors, fly-breeding or other nuisances.
e. 
A planted buffer screen may be required along the dividing line between an applicant's property and that of his neighbor.
f. 
The animals shall be for the private use of the occupants of the residence. No commercial use, such as the letting of horses for hire, shall be engaged in on the property.
g. 
Manure from stabled horses or other livestock must be removed from a stable or similar housing structure three times each week. Manure must be stored a minimum of 25 feet from a stable and 50 feet from the nearest neighboring dwelling. Any stockpile of manure shall not exceed 100 square feet. All stockpiles of manure shall be limed at least once every week.
h. 
Fences must be constructed of such materials and in such a manner as to prevent and preclude the escape of horses. Any application for a building permit for a fence to pen horses must include, in addition to any other information required, the height, the span between fence posts, a sketch of the proposed fence, the type of materials to be used and whether the same has been treated. The Construction Official shall issue a building permit for any such fence only when in his discretion the proposed fence shall adequately prevent the escape of horses. A barbed wire fence shall not be permitted.
[Ord. No. 95-588 Art. VII]
Agricultural, farm houses and usual farm buildings shall be permitted without restriction, except as follows:
a. 
Permitted farm uses shall consist of the following:
1. 
The tilling of the soil, the raising of crops, fruits and vegetables, greenhouses and nurseries.
2. 
The storage, packing and marketing of fruits and vegetables produced on the premises.
3. 
The hatching and raising on a commercial scale of poultry, rabbits, fish and dairy farming.
4. 
The raising and grazing of horses, cattle, sheep and goats, including supplementary feeding of such animals, provided that such raising or grazing is not a part of, nor conduct in conjunction with, a livestock slaughterhouse or animal by-products business.
5. 
Dairy.
6. 
Public and private stables and riding academies.
7. 
Beekeeping.
b. 
The keeping or raising of livestock and poultry on parcels of land less than 10 acres in area shall be limited to the keeping and raising of two head of livestock or 100 fowl per 40,000 square feet. No fowl or livestock may be kept on parcels of land less than one acre in area.
c. 
Farm buildings shall not be constructed closer than 85 feet to a front property line nor closer than 100 feet to a side or rear property line.
d. 
No farmhouse shall be constructed closer than 75 feet to such lines.
e. 
No barn or manure storage shall be established closer than 100 feet to any property line.
f. 
All other new construction, including structures for temporary storage of feeds, shall conform to setback requirements.
g. 
The display and sale of farm products shall be permitted provided that:
1. 
At least 50% of such products shall have been produced on the property on which they are offered for sale.
2. 
Parking space for at least three cars shall be provided behind the highway right-of-way line. Parking spaces shall be provided behind the highway right-of-way line at a ratio of one space for each 300 square feet of building floor area.
3. 
Sale of farm products shall be conducted from a portable stand dismantled at the end of the growing season, or from a permanent building under the following conditions.
(a) 
Such building shall be located at least 40 feet from the right-of-way line of the road.
(b) 
Such building will be in character with other buildings on the site.
h. 
All farm buildings are to be approved by the Construction Official as to structural safety.
i. 
All such uses shall be approved as to the safety of the traffic patterns and ingress and egress locations.
[Ord. No. 95-588 Art. VII]
a. 
Fire and Explosive Hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire fighting and fire suppression equipment and devices.
b. 
Radioactivity or Electrical Disturbances. There shall be no activities which emit radioactivity at any point. There shall be no electrical disturbances adversely affecting the operation at any point of any equipment, other than that of the creator of the disturbances.
c. 
Smoke. There shall be no emission at any point from a chimney or otherwise, for longer than five minutes in any hour, of visible gray or visible smoke of any color with a shade darker than No. 3 on Standard Ringelmann Chart as issued by the United States Bureau of Mines.
d. 
Smoke, Ash, Dust, Fumes, Vapor, Gases, and Other Forms of Air Pollution. There shall be no emission at any point from any chimney or otherwise which can cause any damage to health, to animals or vegetation or other forms of property, or which causes any excessive soiling at any point.
e. 
Liquid and Solid Wastes. There shall be no discharge at any point into any private sewer system or stream or into the ground of any materials in such a way or of such a nature or temperament as can contaminate or otherwise cause the emission of hazardous materials.
f. 
Resource Extraction Operations. There shall be no resource extraction operations without approval of the Mayor and Council.
g. 
Noise and Vibration. There shall be no vibration or noise level at the property line greater than the average noise level occurring on adjacent streets.
h. 
Glare. No direct or sky-reflected glare, whether from floodlights or from a high temperature process, shall be visible from adjoining public streets or adjacent lots, when viewed by a person standing on the ground level.
i. 
Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.
j. 
Operation. All primary operations shall be conducted entirely within closed buildings.
[Ord. No. 95-588 Art. VII]
The following uses are prohibited in every district:
a. 
Automobile graveyards.
b. 
All recreational vehicles and trailers which are occupied are prohibited. All recreational vehicles and trailers and boats which are unoccupied must be parked or stored in the rear of homes, but no closer than five feet to the rear or side property lines. No such uses shall be hooked up to utility services. Also, no such uses, including boats, shall be parked or stored in common areas or parking lots of multifamily housing projects.
c. 
Airfields.
d. 
Sanitary landfills or trash dump operations, except upon land owned by the Borough.
e. 
Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises subject to design and performance standards for the prevailing zoning districts. Junkyards as defined by this chapter are expressly prohibited.
f. 
Roadside stands and sales from vacant lots are prohibited in all districts except agriculture, where they are permitted in accordance with the regulations of this chapter. However sales from open lots will be permitted only in institutional and agricultural districts.
g. 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1002]
[Ord. No. 2000-673]
Home office use, meaning an office activity carried on for the gain by a resident in a dwelling unit, shall be permitted accessory use in residential zone districts, provided:
a. 
The use is limited solely to office use;
b. 
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
c. 
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;
d. 
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
e. 
Interior storage of materials shall only consist of office supplies;
f. 
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs or lights;
g. 
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
h. 
The use does not require any increased or enhanced electrical or water supply;
i. 
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
j. 
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;
k. 
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district;
l. 
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
[Ord. No. 95-588 Art. VII]
a. 
Specific Intent. It is the purpose of this district to provide for the continuation of existing residential development patterns in areas of the Borough which have the following characteristics:
1. 
Proximity to areas of existing high density development.
2. 
Availability of municipal services.
3. 
Environmental suitability.
b. 
Permitted Uses. In any R-Med residence district, land, buildings or premises shall be used by right, only for one or more of the following:
1. 
Detached single-family dwellings.
2. 
Municipal tower, water storage tank, water reservoir, water pumping station and water treatment plant subject to the following special requirement:
The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood.
3. 
Substation electric and gas facilities, sewage lift station, water pumping station, transmission lines and gas regulator stations subject to the following special requirements:
(a) 
No storage of materials and trucks and no repairs facilities or housing of repair crews, except within completely enclosed buildings.
(b) 
The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood.
(c) 
Screening to be developed as defined in this chapter. All plants not surviving two years after planting must be replaced.
4. 
Model homes or sales offices within a subdivision shall be allowed, but only during the period necessary for the sale of new homes within such subdivision. Such uses shall not be considered a business use.
5. 
Agricultural uses, provided that:
(a) 
The use will not injure or detract from the use of neighboring property.
(b) 
The use will not detract from the character of the neighborhood.
(c) 
The use of property adjacent to the area included in the plan is adequately safeguarded.
(d) 
The property is suitable for the intended use.
(e) 
The use will serve the best interests of the Borough.
(f) 
The use will not adversely affect public sewers and facilities, such as water, sewer, police and fire protection.
(g) 
The use will not adversely affect the drainage facilities in the adjacent neighborhood.
(h) 
Chemical and fertilizer usage will not be detrimental to people, animals and plants in the neighborhood.
6. 
Churches, chapels, convents or similar religious institutions, including rectories or parish houses, provided that:
(a) 
The minimum lot size will not be less than 1/2 acre.
(b) 
The coverage will not exceed 35%.
(c) 
The lot width will not be less than 100 feet.
(d) 
The lot depth and yard areas will conform to the standards set forth in this chapter.
(e) 
The parking requirements shall be in accordance with all the regulations set forth in this chapter.
7. 
Accessory Uses. Only the following accessory uses shall be permitted:
(a) 
Customary accessory residential uses, including private garages, and utility sheds.
(b) 
Private swimming pools.
(c) 
Private greenhouses.
[Ord. No. 95-588 Art. VII]
a. 
Specific Intent. It is the purpose of this district to provide for low density residential development in all environmentally suitable areas of the Borough, in order to provide a balanced mix of housing within the Borough in accordance with the goals and policies of the Master Plan.
b. 
Permitted Uses.
1. 
Detached single-family dwellings.
2. 
Those uses permitted in this chapter for R-Med Residential Zone.
c. 
Conditional Uses. All conditional uses of the R-Med District shall be allowed provided however, the conditions set forth thereunder shall be complied with.
d. 
Accessory Uses. Only the following accessory uses shall be permitted:
1. 
Customary accessory residential uses, including private garages, and utility sheds.
2. 
Private swimming pools.
3. 
Private greenhouses.
e. 
Water and Sewerage Facilities Requirements.
1. 
The development of all permitted and conditional uses in the R-Low District shall be serviced by public water and public sewerage facilities.
[Ord. No. 95-588 Art. VII]
a. 
Specific Intent. It is the purpose of this district to provide for low density residential development in areas of the Borough whose environmental characteristics present constraints to development.
b. 
Permitted Uses.
1. 
Detached single-family dwellings.
2. 
Those uses permitted in this chapter for the R-Med Residential Zone.
c. 
Conditional Uses.
1. 
All conditional uses of the R-Med District set forth in this chapter shall be allowed provided however, the conditions set forth thereunder shall be complied with.
2. 
All uses and accessory uses of the Light Industrial Zone set forth in this chapter, provided they meet the following criteria:
(a) 
The site must be served by public water and sewerage.
(b) 
A 100-foot wide vegetated buffer must be provided along all property lines adjoining a residential zone.
(c) 
No lots shall back up to a dedicated roadway without providing a deed restricted buffer of at least 50 feet and a planted berm with an approved landscape plan.
(d) 
No construction may occur on soils whose depth to seasonal high water table is less than five feet.
(e) 
No construction may occur within 100 feet of a wetland or any body of surface water.
(f) 
There shall be no increase in erosion resulting from sedimentation in a wetland.
(g) 
There shall be no loss of wetland habitat, reduction in wetland habitat diversity, change in wetland species composition or a significant disturbance of areas used by indigenous or migratory wildlife for breeding, nesting or feeding.
(h) 
Development occurring upon the following excessively drained soils must observe vegetation clearing limits, and all new landscaping must utilize native species in order to reduce potential groundwater contamination by nutrients from fertilizers.
(i) 
All provisions for the Design and Performance Standards in Article IX of this chapter must be met.
d. 
Accessory Uses. All accessory uses permitted by this chapter in the R-Med District.
e. 
Density Requirements. The maximum density of the entire tract shall not exceed one dwelling unit per adjusted gross acre.
f. 
Recreation and Open Space Requirements. A minimum of 10% of the entire tract shall be set aside for open space in accordance with the requirements of this chapter.
[Ord. No. 95-588 Art. VII]
a. 
General Provisions. The maximum density of the entire tract shall not exceed three dwelling units per acre, and shall include twins, townhouses, and apartments. All development shall provide the following:
1. 
Public water and sewer.
2. 
Recreation and open space requirements. A minimum of 15% of the entire tract shall be set aside for open space in accordance with the requirements of Subsection 23-7.8.1. Areas designated for recreation shall be of adequate size and environmental suitability to provide recreation.
(a) 
Of the 15% required space, no greater than 1/2 shall be allowed as classified wetlands.
3. 
A minimum tract size of 10 acres.
4. 
Area and bulk requirements.
(a) 
There shall not be more than 16 dwelling units per structure, nor shall the structure exceed 160 feet in width or length.
[Ord. No. 2003-718, § III]
a. 
Specific Intent. It is the purpose of this district to provide for moderate density residential development, designed for persons 55 years of age and older, in specifically designated areas of the Borough, in order to provide a balanced mix of housing within the Borough in accordance with the goals and policies of the Master Plan.
b. 
Permitted Uses.
1. 
Single family detached house, one story in height.
2. 
Pump stations, subject to the following regulations: Regulations as promulgated by the Borough of Pine Hill Municipal Utilities Authority.
(a) 
There shall be no storage of materials and trucks and no repair facilities or housing of repair crews except within completely enclosed buildings.
(b) 
The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood and shall be reviewed and approved by the Planning Board.
(c) 
Screening shall be developed as defined in this chapter. All plants not surviving one year after planting must be replaced.
3. 
Model homes or sales offices within a subdivision, but only during the period necessary for the sale of new homes within such subdivision. Such uses shall not be considered a business use.
c. 
Accessory Uses. Only the following accessory uses shall be permitted.
1. 
Customary accessory residential uses, including private garages and utility sheds.
2. 
Private swimming pools.
3. 
Private greenhouses.
4. 
Private gardens.
d. 
Water and Sewerage Facilities Requirements.
1. 
The development of all permitted and conditional uses in the R-SenCit District shall be serviced by public water and public sewerage facilities.
e. 
Design Features. Among the more important aspects of adult communities is the need to have a social focal point. Therefore, the following design features shall be implemented:
1. 
Under 300 units: Use of outdoor features, such as gazebos and sitting areas.
2. 
Over 300 units: Day center, clubhouse, recreation center with facilities such as saunas, exercise rooms, card rooms, library, woodworking shop, photo lab, billiard room, arts and crafts, lounge, auditorium, kitchen, swimming pool.
f. 
Open Space and Recreation.
1. 
There shall be designated open space for active and passive recreation activities equal to 10% of the total area of the project. The clubhouse facility, if any, may be included in the open space area.
2. 
The recreation facilities specified in Subsection 23-9.18 shall not be followed, but shall be replaced with other recreation facilities designed specifically for each project, as approved by the Planning Board.
g. 
Age and Occupancy Requirements.
1. 
Permanent residents of a Senior Citizen District must be at least 55 years of age, except that the spouse or an immediate member of the family, other than a child of such permanent resident, or a live-in domestic, companion or nurse, may be a permanent resident regardless of his/her age. Permanent residents are defined as people who live in the units more than 25% of the time.
2. 
A maximum of one child, age 19 or older, may also reside as a permanent resident with his/her parent or parents.
3. 
In no event, however, shall there be more than three permanent residents in any one residential dwelling unit.
[Ord. No. 95-588 Art. VII; Ord. No. 2003-718, § IV]
In the case of any subdivision which has received preliminary approval from the approving authority for construction of housing at a density higher than that permitted in its zone district as established by this chapter, completion of development shall be permitted only under the following conditions:
a. 
At least 35% of the proposed development must have received final approval from the Planning Board as of the date of adoption of this chapter.
b. 
Approval of the final subdivision plat shall occur prior to the expiration of the three-year time limit on preliminary approvals or any extension thereof according to the provisions of N.J.S.A. 40:55D-1 et seq.
[Ord. No. 95-588 Art. VII; Ord. No. 98-638 § 2; Ord. No. 2014-923 § 1]
a. 
Specific Intent. The purpose of this district is to provide for the development of commercial shopping center activities within the Borough.
b. 
Permitted Uses.
1. 
General retail merchandise store, including department stores, variety stores, merchandise discount stores, drug and sporting goods stores.
2. 
Retail apparel and accessories store, including shoe stores, clothing stores.
3. 
Retail furniture stores, including home furnishings and equipment, household appliances, hardware, paint, radio and television sales and service.
4. 
Supermarkets, bakeries and confectionery shops.
5. 
Eating establishments, including restaurants, lunch counters, delicatessens, cafes and taverns.
6. 
Retail gift shops, including camera shops, bookstores, stationery stores, antique and music stores, cosmetic, candy, cigarette and tobacco shops, flower, hobby, jewelry, leather and luggage stores.
7. 
Professional offices, banks.
8. 
Dry cleaners, barber and beautician shops.
9. 
Government offices servicing the public, including post office.
10. 
Theaters, bowling alleys and other indoor recreational facilities.
11. 
New and used car dealers, sales and service; no outside storage of materials is permitted.
12. 
Mortuaries, libraries and museums.
13. 
Motel, hotel and related faculties.
14. 
General service and repair shops; plumbing, furniture, small electric and cabinet repair.
15. 
Pet shop, veterinary hospital, provided that all animals are kept in enclosed structure and not within 150 feet of any residential use.
16. 
Cat kennels.
17. 
Hospitals, medical clinics, medical or health centers, nursing homes and sanatoriums.
[Ord. No. 2014-923 § 1]
c. 
Conditional Uses. Certain conditional uses may be permitted by the Planning Board in accordance with the specifications and standards listed as follows:
That the use will not injure or detract from the use of the neighboring property, or detract from the character of the neighboring property.
That the property is suited for the intended use, and that the use will serve the best interest of the Borough.
That the use will not adversely affect public sewers and other facilities, such as water, police and fire services, and will not adversely affect drainage in adjacent neighborhoods.
That the use will not adversely affect the flow of traffic and that adequate roadways are present.
d. 
Prohibited Uses. It is determined that the Borough has limited area suitable for large commercial shopping development, and it is the desire to prohibit uses that would detract and prevent the development of large commercial shopping areas. Therefore, it is determined that certain uses be prohibited in the General Business District:
1. 
Schools, both private and public; lower, middle or high school levels; full or part time; and day-care centers.
2. 
All residential uses.
3. 
All resource recovery operations.
[Ord. No. 95-588 Art. VII; Ord. No. 2014-923 § 2]
a. 
Specific Intent. The purpose of this district is to provide areas of general commercial and professional activities within the Borough.
b. 
Permitted Uses. Those uses permitted under Subsection 23-7.10.1 above that are determined compatible with the limited area established in this zone, and provide a sufficient buffer to the existing residential uses, specifically including the following:
1. 
Professional offices.
2. 
Banks and financial institutions.
3. 
(Reserved) [Deleted by Ord. No. 2014-923 § 2]
4. 
Churches, synagogues and similar places of religious assembly, including meeting halls, social halls.
All uses in the Limited Business District may contain residential uses, provided that a sufficient buffer exists between the business use and the residential use.
c. 
Conditional Uses. Certain conditional uses may be permitted by the Planning Board in accordance with the specifications and standards listed as follows:
That the use will not injure or detract from the use of the neighboring property, or detract from the character of the neighboring property.
That the property is suited for the intended use, and that the use will serve the best interest of the Borough.
That the use will not adversely affect public sewers and other facilities, such as water, police and fire services, and will not adversely affect drainage in adjacent neighborhoods.
That the use will not adversely affect the flow of traffic and that adequate roadways are present.
d. 
Prohibited Uses. It is determined that the Borough has limited area suitable for commercial development, and it is the desire to prohibit uses that would detract and prevent the development of commercial areas. Therefore, it is determined that certain uses be prohibited in the Limited Business District:
1. 
Schools, both private and public; lower, middle or high school levels; full or part time; and day-care centers.
2. 
All resource recovery operations.
[Ord. No. 95-588 Art. VII]
a. 
Specific Intent. The purpose of this district is to provide areas of general commercial and professional activities that are located within the center of the Borough and make up a blend of commercial and residential uses.
b. 
Permitted Uses.
1. 
General retail merchandise store, including variety stores, merchandise discount stores, drug and sporting goods stores.
2. 
Retail apparel and accessories store, including shoe stores, clothing stores.
3. 
Retail furniture stores, including home furnishings and equipment, household appliances, hardware, paint, radio and television sales and service.
4. 
Supermarkets, bakeries and confectionery shops.
5. 
Eating establishments, including restaurants, lunch counters, delicatessens, cafes and taverns.
6. 
Retail gift shops, including camera shops, bookstores, stationery stores, antique and music stores, cosmetic, candy, cigarette and tobacco shops, flower, hobby, jewelry, leather and luggage stores.
7. 
Professional offices, banks.
8. 
Dry cleaners, barber and beautician shops.
9. 
Government offices servicing the public, including post office.
10. 
General service and repair shops; plumbing, furniture, small electric and cabinet repair.
All uses in the Central Business District may contain residential, first and/or second floor, residential uses.
c. 
Conditional Uses. Certain conditional uses may be permitted by the Planning Board in accordance with the specifications and standards listed as follows:
That the use will not injure or detract from the use of the neighboring property, or detract from the character of the neighboring property.
That the property is suited for the intended use, and that the use will serve the best interest of the Borough.
That the use will not adversely affect public sewers and other facilities, such as water, police and fire services, and will not adversely affect drainage in adjacent neighborhoods.
That the use will not adversely affect the flow of traffic and that adequate roadways are present.
d. 
Prohibited Uses. It is determined that the Borough has limited area suitable for commercial and professional development, and it is the desire to prohibit uses that would detract and prevent the development of a commercial and professional area. Therefore, it is determined that certain uses be prohibited in the Central Business District:
1. 
Schools, both private and public; lower, middle or high school levels; full or part time; and day-care centers.
2. 
All resource recovery operations.
[Ord. No. 95-588 Art. VII]
a. 
Specific Intent. It is the purpose of this district to encourage industrial development in the Borough that will provide harmony with the surrounding nonindustrial uses, and yet encourage an efficient use of the land and be free of offensive noise, vibration, smoke, odors, glare and other objectionable effects.
b. 
Permitted Uses.
1. 
Public utility service yard and substation.
2. 
Building material sales yard, contractor's equipment storage yard.
3. 
Substations for telephone, gas and electric, sewer and water facilities.
4. 
Warehousing and storage facilities.
5. 
Electronics and small parts assembly and manufacture.
6. 
Light manufacturing of beverages, cosmetics, pharmaceuticals, food products, clothing goods.
7. 
Fire and rescue squads.
8. 
Municipal and government buildings and facilities.
9. 
Those uses contained in Subsections 23-7.10.1, 23-7.10.2 and 23-7.10.3 above provided that they are part of an overall planned industrial development.
c. 
Conditional Uses. Certain conditional uses may be permitted by the Planning Board in accordance with the specifications and standards listed as follows:
That the use will not injure or detract from the use of the neighboring property, or detract from the character of the neighboring property.
That the property is suited for the intended use, and that the use will serve the best interest of the Borough.
That the use will not adversely affect public sewers and other facilities, such as water, police and fire services, and will not adversely affect drainage in adjacent neighborhoods.
That the use will not adversely affect the flow of traffic and that adequate roadways are present.
[Ord. No. 95-588 Art. VII; Ord. No. 2014-923 § 2]
a. 
Specific Intent. It is the purpose of the institutional district to encourage the development of institutional uses in the Borough, and to promote the planning for the location of future institutional uses serving the Borough population.
b. 
Permitted Uses.
1. 
(Reserved) [Deleted by Ord. No. 2014-923 § 2]
2. 
Church, convent, chapel or similar religious institution.
3. 
College, private or public school, secondary or nursery school or other educational institution.
4. 
Cemetery, provided that no such development shall be located closer than 200 feet of a residential district.
5. 
Borough administration building, government building, public library, or other associated function for the health and welfare of the general public.
[Ord. No. 95-588 Art. VII]
a. 
Specific Intent. It is the purpose of this district to provide for the continuation of agricultural uses in the Borough. This district will allow agricultural uses as a matter of right and to preserve the rural characteristic and scenic landscape of the Borough.
b. 
Permitted Uses.
1. 
Farming, usual farm buildings and dwellings.
2. 
Veterinary hospital and kennel.
[Ord. No. 95-588 Art. VII]
a. 
Purpose and Policy.
1. 
It is hereby found that the streams, creeks and waterways of the Borough are subject to recurring flooding, that such flooding damages and endangers public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain, and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this chapter, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
2. 
The intent of this chapter shall be to protect the areas of the floodplain subject to and necessary for the containment of floodwaters, and to permit and encourage the retention of open space land uses, which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Borough.
b. 
Specific Objectives.
1. 
To combine with present zoning requirements certain restrictions made necessary for flood prone areas to promote the general health, welfare and safety of the Borough.
2. 
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.
3. 
To minimize danger to public health by protecting the quality of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
4. 
To permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters, or otherwise cause danger to life, property at, above or below their locations along the floodplains.
5. 
To provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.
6. 
To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent construction or increase in flow of floodwaters.
7. 
To protect the entire Borough from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Borough.
8. 
To maintain undisturbed the ecological balance between those natural systems and elements, including wildlife, vegetation and marine life, dependent upon watercourse and water areas.
9. 
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
10. 
To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234.
c. 
Definitions. As used in this section, the following shall have the meanings indicated:
CHANNEL
Shall mean the bed and banks of a stream and waterways in the Borough which convey the normal flow of the stream that occurs most of the time.
DESIGN FLOOD (FLOODWAY OR FLOOD HAZARD AREA)
Shall mean the relative size or magnitude of a flood expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodwater and flood hazard area and the water surface elevations thereof in floodplain reports.
FLOOD HAZARD AREA
Shall mean the floodway and additional portions of the floodplain that are subject to flood flow at lesser depths and lower velocities than the floodway, that are inundated by the flood hazard area design flood and that are delineated in the floodplain reports are in the "flood hazard area".
FLOOD HAZARD PROFILE (FLOODWAY OR FLOOD HAZARD AREA)
Shall mean the elevations of the water surface of the floodwater design flood and the flood hazard area design flood as shown on the flood map included in the floodplain report.
FLOOD MAP
Shall mean the map identified in paragraph d of this subsection and all subsequent maps and reports that may be prepared from time to time are an integral part of this chapter. In the absence of any other flood maps, the delineation of floodplains as described in paragraph d shall be conclusive.
FLOODPLAIN
Shall mean the relatively flat area adjoining the channel which has been or may be hereinafter covered by floodwater of the stream based on the one-hundred-year flood.
FLOODWAY
Shall mean the channel and portions of the adjacent floodplain that carry the greater part of the flood flow at greater depths and velocities than do the other parts of floodplain that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood and that are delineated on the flood map that are in the Borough.
d. 
Content and Boundaries.
1. 
This section consists of this text and the Floodplain Map, prepared by the Borough as to the delineation of floodplains. Said map is on file in the office of the Borough Clerk and is incorporated in this chapter by reference as though fully set forth in this text.
2. 
All other streams and waterways in the Borough not included above are deemed to be floodplains. Twenty feet on both sides of streams as measured from the center line of streams are presumed to be floodplains in absence of proof to the contrary.
3. 
This section shall also consist of any and all reports, maps, revisions and amendments of these texts as may be prepared from time to time, provided that such additional documents are in agreement with the Borough Engineer, Corps of Engineers, Soil Conservation Service or any agency of the United States Government authorized to define floodplain criteria.
4. 
In cases of doubt, uncertainty or dispute as to the exact limits of the floodplain, the floodwater or flood hazard area in a proposed development, the Borough Engineer shall, upon the application and with the consent of the landowner, determine the precise location of a floodplain, floodway or flood hazard area limit by close inspection, field survey or other appropriate method and cause the same to be marked on the ground notifying the landowner, the Construction Official, and the approving authority of the results thereof. The cost of such engineering shall be borne by the applicant.
e. 
Overlay Concept and Density.
1. 
The Floodplain District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
2. 
Should the Floodplain District be declared inapplicable to any tract, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this section. In appropriate cases, the center line of the stream shall be in the district boundary line.
3. 
Should the zoning of any parcel or any part hereof in which the Floodplain District is located be changed through any legislative or administrative actions or judicial decision, such change shall have no effect on the Floodplain District, unless such change was included as part of the original application.
4. 
Lands in the floodplain shall not be used to calculate the allowable number of units in a project, unless such areas are owned and maintained as provided in this chapter.
f. 
Prohibited Uses. The following uses shall be prohibited in the Floodplain District.
1. 
All freestanding structures and buildings and retaining walls, with the exception of flood retention dams, culverts and bridges as approved by the New Jersey Department of Environmental Protection.
2. 
The filling or removal of topsoil for all floodplain lands, except as approved under the provisions in this chapter.
3. 
The relocation of any watercourse without approval thereof by the Planning Board and Soil Conservation Service, United States Department of Agriculture or the relocation of any watercourse without the approval of the New Jersey Department of Environmental Protection.
4. 
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and material.
5. 
On-site sewage disposal systems.
6. 
Private water supply wells.
g. 
Permitted Uses. The following uses and no others are permitted in the Floodplain District.
1. 
Cultivation and harvesting crops according to recognized soil conservation practices.
2. 
Pasture and grazing of animals according to recognized soil conservation practices.
3. 
Outdoor plant nursery or orchard according to recognized soil conservation practices.
4. 
Wildlife sanctuary, woodland preservation, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but not including facilities subject to damage by flooding.
5. 
Game farms, fish hatchery or hunting and fishing reserve for the protection and propagation of wildlife, but permitting no structures.
6. 
Forestry, lumbering and reforestation according to recognized natural resources and conservation practices.
7. 
Front, side and rear yards and required lot area in any district, provided such yards are not to be used for onsite sewage disposal.
8. 
Normal accessory use, except enclosed structures, fences and above ground swimming pools, permitted under the applicable zoning district and as further restricted by Subsection 23-7.8.9.
9. 
Recreation use, whether open to the public or restricted to private use, such as parks, camps, picnic areas, fishing areas, sport or boating clubs, not to include enclosed structures, except floodproof toilet facilities, but permitting piers, docks, floats or enclosed shelters usually found in developed outdoor recreational areas. Any floodproofed toilet facilities provided shall be connected to public water and sewage systems.
10. 
Sewage treatment plant, outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Borough Engineer, appropriate sewer authorities and the New Jersey Department of Environmental Protection, when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain District.
11. 
Sealed public water supply wells with the approval of the Borough Engineer and the New Jersey Department of Environmental Protection.
12. 
Dams, culverts and bridges with the approval of appropriate authorities with jurisdiction, such as the Department of Environmental Protection.
13. 
Sanitary or storm sewers and impoundment basins, with the approval of the Borough Engineer and the New Jersey Department of Environmental Protection.
14. 
Utility transmission lines.
15. 
Roads, driveways and parking facilities.
(a) 
In the case of roads and driveways, no such facilities shall be permitted if viable alternative alignments are feasible. In any case, pervious rather than impervious materials shall be utilized in the construction of any road or driveway situated within a floodplain.
(b) 
In the case of parking facilities, no such facility shall be permitted unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their uses and/or downstream properties. In any case, pervious rather than impervious materials shall be utilized in the construction of any parking facility situated within a floodplain.
16. 
Grading or regrading of lands, including the deposit of topsoil and the grading thereof. The application for such a use shall be accompanied by the following:
(a) 
Detailed engineering studies indicating effects on drainage and streams on all adjacent properties as well as the property in question including the necessary data to determine whether the boundaries of the Floodplain District would be affected if the application was granted.
(b) 
An application for amending the boundaries of the Floodplain District if the boundaries are affected by the grading or regrading of land.
(c) 
A plan indicating the deposition of any fill or materials proposed to be deposited by the grading or regrading of land, such fill or other materials shall be protected against erosion by the riprap, vegetation cover or bulk heading.
h. 
Application Procedure. For any use of land in the Floodplain District, except uses existing as of the date of the enactment of this chapter, an application for a floodplain permit shall be as follows:
1. 
The applicant shall apply to the Borough in accordance with either the site development plan procedures or the subdivision procedures.
2. 
In addition to the information required in the above noted procedures, the applicant shall also furnish a plan certified by a registered professional engineer showing the following data:
(a) 
Contour lines at intervals of not more than two feet.
(b) 
Exact size, shape, location and elevation of existing and proposed buildings and structures.
(c) 
Floodplain, floodway and flood hazard area limits and developments therein.
(d) 
Channel or storm.
(e) 
Proposed fill limits, regrading and elevations.
(f) 
Floodproofing measures.
(g) 
Exact dimensions and acreage of each lot or plot to be built upon or otherwise used.
(h) 
The location, layout and elevation of existing and proposed parking areas.
(i) 
Driveway drainage.
(j) 
Sewer and water facilities and connections.
(k) 
Plantings, seedings and signs.
(l) 
Such other information as shall be reasonably required for an evaluation of the effect of the development upon flood control.
3. 
The following additional information may be deemed necessary by the Borough Engineer for the evaluation of the effects of the proposal upon flood flows and floodwater storage and to render a decision on the proposed floodplain use.
(a) 
A typical valley cross-section showing the channel of stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water information.
(b) 
Plan surface review showing elevation or contours of the ground, pertinent structure, fill or storage elevations, size, location and spatial arrangement of all proposed and existing structures on the site, location and elevations of streets, water supply, sanitary facilities and soil types and other information.
(c) 
Profile showing the slope of the bottom of the channel of the flow line of the stream.
(d) 
Specifications for the building construction and materials, flood-proofing, filling, dredging, grading, channel improvements, storage or materials, water supply and sanitary facilities.
(e) 
Plan or document certified by a registered professional engineer that the floodproofing measures are consistent with requirements for the flood protection elevation for the particular area, including:
(1) 
Anchorage to resist flotation and lateral movements.
(2) 
Installation of water tight doors, bulkheads and shutters.
(3) 
Reinforcements of walls to resist water pressure.
(4) 
Use of paints, membranes of mortar to reduce seepage.
(5) 
Additions of mass or weight to structure to resist flotation.
(6) 
Installations of pumps to lower water level in structure.
(7) 
Construction of water supply and waste treatment systems so as to prevent entrance of floodwaters.
(8) 
Pumping facilities for subsurface external foundation wall and basement water pressure.
(9) 
Construction to resist rupture or collapse caused by water pressure or floating debris.
(10) 
Cutoff valves or sewer lines for the elimination of gravity flow basement drains.
(11) 
Elevation of structures to reduce the likelihood of flood damage.
i. 
Standards. In reviewing applications, the approving authority shall consider and be guided by the purpose, policies and specific objectives as set forth in this section.
1. 
To develop in a floodway, primary consideration shall be given to preserving the area as defining the minimum capacity required for passage of flood flows without aggravating flood conditions upstream and downstream. Encroachments shall be permitted sparingly and only in cases where the public interest will be served, such as bridges, roads, utilities and the like, and where obstruction is minimal, such as recreation, open space, fencing, parking.
2. 
As to developments outside the floodway, consideration shall be given to the protection of person and property part of the development. Normal accessory uses shall be permitted only where the building or structure is not designed as a dwelling place, is of a monetary value of less than 10% of the value of the lot or parcel of land upon which it is being placed, is not intended to house property of value greater than its own value, and will not have an adverse effect upon the function of the floodway.
[Ord. No. 95-588 Art. VII]
a. 
Purpose and Policy. The purpose of the Planned Recreation and Conservation District is to conserve the value of land and to encourage flexible land development that will preserve and enhance the natural resources, and further to permit development only where the natural resource inventory, soil maps and ecological study planning indicates that development can occur without serious adverse environmental impact.
b. 
Permitted Uses.
1. 
Recreational activities, including public or private facilities and quasi public camp ground activities, as well as municipal facilities, open space, parks and park land.
All recreation facilities and areas shall be designed in accordance with the New Jersey Department of Environmental Protection published guidelines: Barrier Free Design Standards for Parks and Recreation Facilities.
2. 
Residential single-family dwellings, detached, construction standards shall conform with the R-Rural Zone.
3. 
Residential use in the PRC District shall reserve 75% of total area for recreation uses and 25% of the total area may be used for residential purposes.
c. 
Prohibited Uses.
1. 
All commercial and industrial uses are prohibited in the PRC District.
[1]
Editor's Note: Pursuant to Ord. No. 2022-1014, adopted 4-4-2022, the entirety of the previous municipal corporation known as the Borough of Pine Valley, Block Nos. identified as 1.99, 2.99, 3.99, 4.99 and 5.99, was designated into the PRC Planned Recreation and Conservation District. Said consolidation of the Borough of Pine Valley into the Borough of Pine Hill is reflected in the Zoning Map dated 1-13-2022, which is included as an attachment to this chapter.