Within any residential district, no building with permitted
professional, office or other home occupation shall be constructed
or altered so as to be inharmonious with the residential character
of the adjacent residential area.
All lots being filled shall be cleared of all debris, including
brush and tree stumps, and be filled with clean fill and/or top soil
to allow complete surface draining of the lot into local storm sewer
systems or natural drainage rights-of-way. No construction shall be
permitted which creates or aggravates water stagnation or a drainage
problem on adjacent properties. Moreover, no person, firm or corporation
shall strip or otherwise remove fill or topsoil from any land area
in the township unless such activity is in accordance with all applicable
township ordinances.
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a building permit may be issued with the condition that
no certificate of occupancy will be issued until such time as this
documentation is submitted with respect to the particular occupant.
A. Buffers. Buffer areas are required along lot and street lines of
all nonresident lots where said property lines or the center line
of adjacent streets abut residential uses or residential zoning district
lines. Each permitted use shall provide and maintain attractively
landscaped grounds and suitable screening in order to safeguard the
character of adjacent districts. The width of the buffer area for
each particular zoning district shall be measured horizontally and
be either perpendicular to straight lot and street lines or radial
to curved lot and street lines. Buffer areas shall be maintained and
kept clear of all debris, rubbish, weeds and tall grass. No above-surface
structure or activity or the storage of materials or parking of vehicles
shall be permitted in the buffer area, and all buffer areas shall
be planted and maintained with grass or ground cover, together with
a dense screen of trees, shrubs or other plant materials meeting the
following requirements:
(1) Plant materials used in screen planting shall be at least six feet in height when planted and be of such density that all the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of a species common to the area, shall be of nursery stock, shall be free of insect and disease and shall otherwise conform to the landscaping provisions of Section
185-54 which are applicable within the Pinelands Area.
(2) Buffer areas shall be permanently maintained, and plant material
which does not live shall be replaced within one year or one growing
season.
(3) The screen planting shall be so placed that at maturity the plant
material will be no closer than three feet to any street or property
line.
(4) The buffer area shall not be broken unless specifically approved
by the Board.
B. Electricity. Electric or electronic equipment shall be shielded so
there is no interference with any radio or television reception at
the lot line, or beyond the operator's dwelling unit in the case
of multifamily dwellings, as the result of the operation of such equipment.
Electronic equipment shall be in accordance with Federal Communications
Commission standards.
C. Glare. No use shall produce a strong dazzling light or a reflection
of a strong dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining dwelling units, adjoining districts or streets.
D. Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any part of ponds, streams or other watercourses.
E. Noise. Noise levels for commercial and industrial enterprises shall
be designed and operated in accordance with the regulations established
by the New Jersey State Department of Environmental Protection as
they are adopted and amended.
F. Odor. Odors shall not be discernible at the lot line or beyond to
such an extent that they become a nuisance.
G. Storage and waste disposal.
(1) No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance be deposited which can contaminate
an underground aquifer or otherwise render such underground aquifer
undesirable as a source of water supply or recreation or which will
destroy aquatic life. All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored indoors
and enclosed in appropriate containers adequate to eliminate such
hazards.
(2) No hazardous or toxic substances, including hazardous wastes, shall
be stored, transferred, processed, discharged, disposed or otherwise
used in the Pinelands Area. The land application of waste or waste
derived materials is prohibited in the Pinelands Area, except as expressly
authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall
only be permitted in the Pinelands Area in accordance with the standard
set forth in N.J.A.C. 7:50-6.
[Amended 2-24-97 by Ord. No. 97-01]
H. Vapor. No use shall produce smoke, ash, dust, fumes, vapors, gases
or other forms of air pollution which could cause damage to the health
of any person, animal or vegetation or which could cause excessive
soiling.
I. Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate site on which such use
is located.
J. Landscaping and clearing.
(1) Disturbance of wooded areas shall be limited wherever possible and
the proposed buildings or improvements located in existing cleared
areas.
(2) Where disturbance is unavoidable, the clearing of trees from proposed
building sites is permitted within 15 feet of the building foundation.
Selective clearing of other than mature trees is permitted within
30 feet of a building foundation. Clearing may extend into side and
rear yard setbacks; however, a minimum natural buffer of 20 feet shall
be maintained between the edge of clearing and the side or rear property
line.
(3) Areas that are cleared during construction but which will not contain
permanent improvements shall be limited and shall be revegetated with
natural vegetation as indicated on the Natural Revegetation List.
(4) If the location of improvements within existing cleared area is not
feasible, said cleared area shall be revegetated in an amount equivalent
to that area required for the improvements in accordance with an approved
landscape plan.
(5) Within the Pinelands Area portion of the township, development shall be done in accordance with the Pinelands Area development procedures and standards for Section
185-54, Clearing of vegetation; landscaping, and Section
185-61, Fire management, of this chapter.
K. Environmental assessment.
(1) Purpose. The impact on the environment associated with development
projects necessitates a comprehensive analysis of the variety of problems
that may result and the measures that can be taken to minimize the
adverse impacts. It is recognized that the level of detail required
for the variety of development applications will vary depending on
the size of the project, the site conditions, the location of the
project and the information already in the possession of the township.
Some flexibility is needed in preparing the Environmental Assessment
Report. The Environmental Assessment Report requirements pertaining
to different types of development application are listed below.
(2) Requirements.
(a)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all silviculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the Environmental Assessment requirements.
(b)
Any variance applications to the Zoning Board of Adjustment
not involving a site plan or subdivision application shall not require
an Environmental Assessment unless specifically requested by the Board.
The Zoning Board of Adjustment shall inform the applicant regarding
any information that may be required.
(c)
All subdivision applications and/or site plan applications shall
be accompanied by a complete Environmental Assessment Report including
the Environmental Assessment Checklist and required documentation
which shall be submitted as a prerequisite to a complete application.
(d)
Amended subdivision or site plan applications shall be accompanied
by a supplemental Environmental Assessment Report which assesses the
environmental impacts associated with any modifications to the original
plan.
(e)
Any development application or amended development application
located in the Coastal Zone and for which an Environmental Impact
Statement has been prepared and submitted to the NJDEP as part of
a CAFRA application shall not be bound by the provisions of this section
provided that a copy of the Environmental Impact Statement submitted
as part of the CAFRA application also accompanies any development
application to the Township Planning Board or Board of Adjustment.
(3) Submission format.
(a)
When an Environmental Assessment is required, the applicant
shall retain one or more competent professionals to perform the necessary
work. The qualifications and background of the professionals shall
be provided, and the method of investigation shall be described.
(b)
All applicable material on file in the township pertinent to
evaluation of regional impacts shall also be considered including
the Township Master Plan and accompanying natural resources mapping,
the New Jersey Department of Environmental Protection (NJDEP) data
and other information as available.
(c)
All Environmental Assessments shall consist of written and graphic
materials which clearly present the required information in a report
format utilizing the adopted Environmental Assessment Checklist with
accompanying documentation as required.
(4) Environmental assessment report submission. The Environmental Assessment
Report including appropriate references shall be submitted to the
Board. Five copies of the Environmental Assessment Report and one
digital copy on cd-rom shall be submitted with development application
prior to the determination of a complete application.
(5) Environmental assessment waiver.
(a)
Notwithstanding the foregoing, the appropriate Board may, at
the request of an applicant, waive the requirement for an Environmental
Assessment Report if the appropriate Board finds that sufficient evidence
is submitted to support a conclusion that the proposed development
will have a negligible environmental impact.
(b)
Portions of such requirement may likewise be waived upon a finding
that the complete report need not be prepared in order to evaluate
adequately the environmental impact of a particular project.
(c)
Notwithstanding, any site development affecting wetlands and
C-1 waters shall not be granted a waiver from these requirements.
Unless otherwise specified for a particular zoning district,
no more than one principal structure shall be permitted on one lot,
except for the OVCC, OVC, CVC, OVCR, CVR and VC Districts.