[Ord. #82-17, § 100]
The short title of this section is "Comprehensive Development
Regulations for the Pinelands Area of Beachwood."
[Ord. #82-17, § 200]
The purpose of this section shall be to establish land use regulations
implementing the Master Plan and the Pinelands Comprehensive Management
Plan and enacted in order to promote and protect the public health,
safety, and welfare of Beachwood residents. This section is intended:
a.
To implement the objectives of the Pinelands Protection Act and the
Pinelands Comprehensive Management Plan and comply with minimum standards
of the Plan;
b.
To protect, preserve and enhance the unique and significant ecological,
natural and other resources of the Pinelands area;
c.
To encourage planned development patterns which minimize environmental
impacts, avoid ecologically sensitive areas, promote compatible land
uses and reduce unnecessary public and private costs associated with
development in inappropriate areas;
d.
To provide for necessary recreational facilities conveniently located
to housing;
e.
To encourage innovations in residential development by permitting
greater variety in design and layout of buildings and by the conservation
and more efficient use of open space auxiliary to the buildings;
f.
To avoid scattered or strip commercial development by encouraging
commercial growth in the areas so designated at major intersections;
g.
To establish a unified circulation system by properly relating local
roads to the State and County Functional Classification System;
h.
To lessen the burden of traffic on local streets and highways.
[Ord. #82-17, § 300]
The provisions of this section shall be held to be minimum requirements.
All development in the Pinelands Area of Beachwood shall conform to
provisions of this section.
[Ord. #82-17, § 400; Ord. #97-14]
For the purpose of this section, the Pinelands Area of the Borough
is hereby divided into the following districts. These zone districts
are consistent with the Pinelands Management Areas set forth in N.J.A.C.
7:50, Subchapter 5.
AR Active Recreation
B-1 General Business
[Ord. #82-17, § 500; Ord. #83-1, §§ 1
& 2; Ord. #88-26, §§ 1-5; Ord. #92-13, § 1;
Ord. #97-15, § 2; Ord. #2011-06, § 2; Ord. #2019-02,
§ II]
a.
The definitions of all words and phrases provided in the Municipal
Land Use Law, the Pinelands Protection Act, the Beachwood Comprehensive
Development Ordinance and the Comprehensive Management Plan, if not
otherwise defined in this section, are incorporated herein and declared
to be a part of this chapter.
b.
Where this section imposes a greater restriction than the Pinelands
Comprehensive Management Plan or other provisions of law, the provisions
of this article shall control. Where other provisions of law require
greater restrictions than this section, the provisions of such other
law shall control.
c.
AFFORDABLE HOUSING
AGRICULTURAL COMMERCIAL ESTABLISHMENT
ANIMALS; THREATENED OR ENDANGERED
APPROVAL AGENCY
BUILDING
CAMPER
CAMPGROUND
CERTIFICATE OF APPROPRIATENESS (SEE N.J.A.C. 7:50-6.156)
CERTIFICATE OF FILING
CERTIFIED MUNICIPAL MASTER PLAN OR LAND USE ORDINANCE
COMMISSION
COMPLETE APPLICATION
COMPREHENSIVE MANAGEMENT PLAN (CMP)
CONTIGUOUS LAND
DENSITY
DEVELOPMENT
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
DWELLING
DWELLING UNIT
ELECTRIC DISTRIBUTION LINES
ELECTRIC TRANSMISSION LINES
ENLARGEMENT
EROSION
FAMILY
FIRE HAZARD
FISH AND WILDLIFE MANAGEMENT
FLOODPLAIN
FORESTRY
HABITAT
HEIGHT OF BUILDING
HISTORIC DISTRICT
HISTORIC RESOURCE
HYDROPHYTES
IMPERMEABLE SURFACE
IMPERVIOUS SURFACE
INTERESTED PERSON
INTERIM RULES AND REGULATIONS
LANDFILL
LANDSCAPING
LAND USE ORDINANCE OR LAND USE REGULATION
LEACHATE COLLECTOR
LOCAL COMMUNICATIONS FACILITY
LOW-INCOME HOUSEHOLD
MIDDLE INCOME HOUSEHOLD
MOBILE HOME
MODERATE-INCOME HOUSEHOLD
MUNICIPAL MASTER PLAN
MUNICIPALITY
NAVIGABLE WATERS
OFF-SITE COMMERCIAL ADVERTISING SIGN
PARCEL
PERSON
PINELANDS
PINELANDS AREA
PINELANDS DEVELOPMENT CREDIT
PINELANDS DEVELOPMENT REVIEW BOARD
PINELANDS NATIONAL RESERVE
PINELANDS PROTECTION ACT
PLAN
PLANTS; THREATENED OR ENDANGERED
PRESERVATION AREA
PROTECTION AREA
PUBLIC AGENCIES
PUBLIC SERVICE INFRASTRUCTURE
PUBLIC SERVICES
RECORD TREE
RECREATIONAL FACILITY, INTENSIVE
RESOURCE EXTRACTION
SEASONAL HIGH WATER TABLE
SIGN
SOLAR ENERGY FACILITY
STRUCTURAL ALTERATION
STRUCTURE
SUBMERGED LANDS
UTILITY DISTRIBUTION LINES
VEGETATION
WETLAND SOILS
WETLANDS
WETLANDS MANAGEMENT
Definitions. As used in this section:
Shall mean housing for which a household will not have to
spend more than thirty (30%) percent of their annual income for shelter.
Shall mean a retail sales establishment primarily intended
to sell agricultural products produced in the Pinelands. An agricultural
commercial establishment may be seasonal or year round and may or
may not be associated directly with a farm; however, it does not include
supermarkets, convenience stores, restaurants and other establishments
which coincidentally sell agricultural products, nor does it include
agricultural processing facilities such as a farm itself, nor facilities
which are solely processing facilities.
(see Section 6-302 of CMP for listing).
Shall mean any board, body or other authority within the
Borough with authority to approve or disapprove subdivisions, site
plans, construction permits or other applications for development
approval.
Shall mean any structure, either temporary or permanent,
having a roof and designed, intended or used for the sheltering or
protection of persons, animals, chattels or property of any kind.
Shall mean a portable structure, which is self-propelled
or mounted on or towed by another vehicle, designed and used for temporary
living for travel, recreation, vacation, or other short-term uses.
Camper does not include mobile homes or trailers.
Shall mean a place used or suitable for camping on which
temporary shelter such as a tent or camper may be placed and occupied
on a temporary and seasonal basis.
Shall mean notice issued by the Planning Board that application
to alter, remodel, relocate or demolish designated historic, cultural
or archaeological structures, areas or sites is in conformance with
standards set forth in N.J.A.C. 7:50-6.156.
Shall mean a certificate issued by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
Shall mean any municipal master plan or land use ordinance
certified by the Commission pursuant to Article 3, Part 4, of the
CMP as being in conformance with the minimum standards of the CMP.
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
Shall mean an application for development which has been
determined by the Executive Director to comply with application requirements
of the CMP.
Shall mean the plan adopted by the Commission pursuant to
Section 7 of the Pinelands Protection Act, and officially published
in N.J.A.C. 7:50.
Shall mean land which is connected or adjacent to other land
so as to permit the land to be used as a functional unit; provided
that separation by lot line, streams, dedicated public roads which
are not paved, rights-of-way, and easements shall not affect the contiguity
of land unless a substantial physical barrier is created which prevents
the land from being used as a functional unit.
Shall mean the average number of housing units per unit of
land.
Shall mean the change or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two (2) or more parcels, and the creation
or termination of rights of access or riparian rights including, but
not limited to:
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a.
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A change in the type of use of a structure or land;
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b.
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A reconstruction, alteration of the size, or material change
in the external appearance of a structure of land;
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c.
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A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or land;
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d.
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Commencement of resource extraction, drilling or excavation
of a parcel of land;
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e.
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Commencement of forestry activities;
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f.
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Demolition of a structure or removal of trees;
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g.
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Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
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h.
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In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emission of waste material;
and
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i.
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Alteration, either physically or chemically, of a shore, bank
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
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Shall mean any approval to develop which is granted by an
approval agency, including appeals to the governing body, but not
including certificates of occupancy or variances which do not otherwise
include issuance of a construction permit, subdivision, or site plan
approval.
Shall mean any division of land into five (5) or more lots;
any construction or expansion of any housing development of five (5)
or more dwelling units; any construction or expansion of any commercial
or industrial use or structure on a site of more than three (3) acres;
or any grading, clearing or disturbance of an area in excess of five
thousand (5,000) square feet.
Shall mean all development other than major development.
Shall mean any structure or portion thereof which is designed
or used for residential purposes.
Shall mean any room or group of rooms located within a structure
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking, eating and sanitation
by one (1) family.
Shall mean all electric lines other than electric transmission
lines.
Shall mean electric lines which are part of an electric company's
transmission and subtransmission system, which provide a direct connection
between a generating station or substation of the utility company
and: (a) another substation of the utility company; (b) a substation
of or interconnection point with another interconnecting utility company;
(c) a substation of a high-load customer of the utility.
Shall mean an addition to the floor area of an existing building,
an increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean one (1) or more persons related by blood, marriage,
adoption or guardianship, or any number of persons not so related
occupying a dwelling unit and living as a single housekeeping unit.
Shall mean the classification of a parcel of land in accordance
with the following:
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HAZARD
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VEGETATION TYPE
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|---|---|
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Low
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Atlantic White Cedar Hardwood Swamps
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Moderate
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Non-pine barrens forest Prescribed burned areas
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High
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Pine barrens forest including mature forms of pine, pine-oak,
or oak-pine
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Extreme
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Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-scrub oak, and pine-lowland.
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Shall mean the changing of the characteristics and interactions
of fish and wildlife populations and their habitats in order to promote,
protect and enhance the ecological integrity of those populations.
Shall mean the relatively flat area adjoining the channel
of a natural stream, which has been or may be hereafter covered by
flood water.
Shall mean the planting, cultivating and harvesting of trees
for the production of wood products, including firewood or for forest
health. It includes such practices as reforestation, site preparation
and other silvicultural practices, including, but not limited to,
artificial regeneration, bedding, broadcast scarification, clearcutting,
coppicing, disking, drum chopping, group selection, individual selection,
natural regeneration, root raking, seed tree cut, shelterwood cut
and thinning. For purposes of this chapter, the following activities
shall not be defined as forestry:
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a.
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Removal of trees located on a parcel of land one (1) acre or
less on which a dwelling has been constructed;
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b.
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Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
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c.
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Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
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d.
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Removal of trees necessary for the maintenance of utility or
public rights-of-way;
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e.
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Removal or planting of trees for the personal use of the parcel
owner; and
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f.
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Removal of trees for public safety.
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Shall mean the natural environment of an individual animal
or plant, population, or community.
Shall mean the vertical distance measured from grade to the
highest point of the roof for flat roofs, to the deck line for mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
Shall mean an area designated by the Commission, pursuant
to Section 6-1403 of the CMP, as having such historic, cultural or
archaeological significance as to merit special protection.
Shall mean any site, building, area, district, structure
or object important in American history or prehistory, architecture,
archaeology and culture at the national, state, county, local or regional
level.
Shall mean any plant growing in water or in substrate that
is at least periodically deficient in oxygen as a result of excessive
water content.
Shall mean any surface which does not permit fluids to pass
through or penetrate its pores or spaces.
Shall mean any surface that has been compacted or covered
with a layer of material so that it prevents, impedes, or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 — Engineering, 210-3-1 Small Watershed Hydrology
(WINTR-55), Version 1.0, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools
Models/WinTr55.html or at Natural Resources Conservation Service,
220 Davidson Avenue, Somerset NJ 08873. Such surfaces may have varying
degrees of permeability.
Shall mean any persons whose right to use, acquire or enjoy
property is or may be affected by any action taken under the CMP,
or whose right to use, acquire or enjoy property under the CMP or
under any other law of this State or of the United States has been
denied, violated or infringed upon by any action or a failure to act
under the CMP.
Shall mean the regulations adopted by the Pinelands Commission
pursuant to the Pinelands Protection Act, to govern the review of
applications from the adoption of the regulations until the Pinelands
Comprehensive Management Plan took effect on January 14, 1981. The
regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
Land shall include the surface and subsurface of the earth
as well as improvements and fixtures on, above, or below the surface
and any water found thereon.
Shall mean a site where any waste is disposed of by application
on or into the land, with or without the use of management practices
or soil covering. It does not include a site where land application
of waste or waste derived material occurs in accordance with N.J.A.C.
7:50-6.79.
Shall mean the installation of plant material or seed as
part of development.
Shall mean any county or municipal ordinance or regulation
which, in any way, regulates or affects the development of land.
Shall mean, for the purposes of the CMP, "leachate collector"
shall have the meaning attributed to the phrase by, and each such
"leachate collector" shall conform to the requirements of, the New
Jersey Solid Waste Administration.
Shall mean an antenna and any support structure, together
with any accessory facilities, which complies with the standards in
N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized
audience through point to point communication, including cellular
telephone cells, paging systems and dispatch communications. It does
not include radio or television broadcasting facilities or microwave
transmitters.
Shall mean a household with an annual income of less than
eighty (80%) percent of the median income for the County or Standard
Metropolitan Statistical Area. Median income is defined as the median
of household income as determined from time to time by the United
States Department of Housing and Urban Development to be the median.
Shall mean a household with an annual income between one
hundred (100%) percent and one hundred twenty (120%) percent of the
median income for the County or Standard Metropolitan Statistical
Area.
Shall mean a dwelling unit manufactured in one (1) or more
sections, designed for long-term occupancy, and which can be transported
after fabrication to a site where it is to be occupied.
Shall mean a household with an annual income which is eighty
(80%) percent to one hundred (100%) percent of the median income for
the County or Standard Metropolitan Statistical Area.
Shall mean a composite of one (1) or more written or graphic
proposals for development of the Municipality as set forth and adopted
pursuant to N.J.S.A. 40:55-28.
Shall mean any city, borough, town or Township.
Shall mean water capable of being transversed by pleasure
craft.
Shall mean a sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
Shall mean any quantity of land, consisting of one (1) or
more lots, that is capable of being described with such definiteness
that its location and boundaries may be established.
Shall mean an individual, corporation, public agency, business
trust, partnership, association, two (2) or more persons having a
joint or common interest, or any other legal entity.
Shall mean the Pinelands National Reserve and the Pinelands
Area.
Shall mean that area designated as such by Section 10(a)
of the Pinelands Protection Act.
Shall mean a use right allocated to certain lands in the
Pinelands Preservation, Special Agricultural Production and Agricultural
Production Areas pursuant to N.J.A.C. 7:50-5.43 that can be used to
secure a residential density bonus on lands within the Pinelands designated
to receive such credits.
Shall mean the agency responsible from February 8, 1979 until
June 28, 1979 for the review of and action on applications for development
in the Pinelands Area which required approvals of other State agencies,
except where the Pinelands Commission acted on applications during
that time period.
Shall mean that area designated as such by Section 3(i) of
the Pinelands Protection Act.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean the Comprehensive Management Plan for the Pinelands.
Shall mean a Pinelands plant species whose survival worldwide,
nationwide, or in the State is in jeopardy.
Preapplication conference. See Section 4-102 of the CMP.
Shall mean that area so designated by Section 10(b) of the
Pinelands Protection Act.
Shall mean all land within the Pinelands Area which is not
included in the Preservation Area.
Shall mean the government of the United States of America;
the State of New Jersey or any other state; their political subdivisions,
agencies or instrumentalities; and interstate and regional agencies
exercising sovereign powers of government.
Shall mean sewer service, gas, electricity, water, telephone,
cable television, and other public utilities developed linearly, roads
and streets and other similar services provided or maintained by any
public or private entity.
Shall mean sewer service, gas, electricity, water, telephone,
television and other public utilities, roads and streets and other
similar services provided or maintained by any public or private entity.
Shall mean the largest tree of a particular species in New
Jersey based on its circumference at four and one-half (4.5') feet
above ground level. A listing of the largest known tree of each species
and its location is maintained at the principal offices of the Commission.
Shall mean any recreational facility which does not satisfy
the definition of low intensive recreational facility, including but
not limited to golf courses, marinas, amusement parks, hotels, and
motels.
Shall mean the dredging, digging, extraction, mining and
quarrying of sand, gravel or minerals for commercial purposes, not
including, however, the private or agricultural extraction and use
of extracted material by a landowner.
Shall mean the level below the natural surface of the ground
to which water seasonally rises in the soil in most years.
Shall mean any object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illumination or projected images. Signs do not include
the flag or emblem of any nation, organization of nations, state or
city, or any fraternal, religious or civic organizations; merchandise,
pictures or models of products or services incorporated in a window
display; works of art which in no way identify a product; or scoreboards
located on athletic fields.
Shall mean a solar energy system and all associated components,
including, but not limited to, panels, arrays, footings, supports,
mounting and stabilization devices, inverters, electrical distribution
wires and other on-site or off-site infrastructure necessary for the
facility, which converts solar energy into usable electrical energy,
heats water or produces hot air or other similar function.
[Ord. #2019-02 § II]
Shall mean any change in either the supporting members of
a building, such as bearing walls, columns, beams or girders, or in
the dimensions or configurations of the roof or exterior walls.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation having a fixed location on, above
or below the surface of land or attached to something having a fixed
location on, above or below the surface of land.
Shall mean those lands which are inundated with water throughout
the year.
Shall mean lines, conduits or pipes located in a street road,
alley or easement through which natural gas, electricity, telephone,
cable television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
Shall mean any plant material including grasses, shrubs and
trees.
Shall mean those soils designated as very poorly drained
or poorly drained by the Soil Conservation Service of the United States
Department of Agriculture, including but not limited to Atsion, Bayboro,
Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke,
St. Johns and Freshwater Marsh and Tidal Marsh soil types.
Shall mean those lands which are inundated or saturated by
water at a magnitude, duration and frequency sufficient to support
the growth of hydrophytes. Wetlands include lands with poorly drained
or very poorly drained soils as designated by N.J.A.C. 7:50-6.3 through
6.5. Wetlands include coastal wetlands and inland wetlands, including
submerged lands.
Shall mean the establishment of a characteristic wetland
or the removal of exotic species or phragmites from a wetland in accordance
with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
[Ord. #82-17, § 600; Ord. #83-1, § 3; Ord. 88-26, § 6; Ord. #97-15,
§§ 3-5; Ord. #2011-06, § 3; Ord. #2019-02,
§ III]
a.
Applicability of procedures.
1.
No person shall carry out any development within the Pinelands Area
without obtaining approval from an approval agency and without obtaining
development approval in accordance with the procedures set forth in
this subsection.
2.
Except as provided in paragraph 3 below, the following shall not
be subject to the procedures set forth in this subsection.
(a)
The improvement, expansion, or reconstruction within five (5)
years of destruction or demolition, of any single-family dwelling
unit or appurtenance thereto;
(b)
The improvement, expansion, construction, or reconstruction
of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction, or reconstruction
of any structure used exclusively for agricultural or horticultural
purposes;
(d)
The construction, repair, or removal of any sign, except for
the construction or replacement of any off-site commercial advertising
sign;
(e)
The repair of existing utility distribution lines;
(f)
The clearing of less than one thousand five hundred (1,500)
square feet of land;
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
(1)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(2)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
[Ord. #2019-02 § III]
(h)
The demolition of any structure that is less than fifty (50)
years old;
(i)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
(j)
The repair or replacement of any existing on-site wastewater
disposal system;
(k)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Ord. #2019-02 § III]
(l)
The clearing of land solely for agricultural or horticultural
purposes.
[Ord. #2019-02 § III]
(m)
Fences, provided no more than one thousand five hundred (1,500)
square feet of land is to be cleared;
(n)
Above-ground telephone equipment cabinets;
(o)
Tree pruning;
(p)
The following forestry activities:
(1)
Normal and customary forestry practices on residentially improved
parcels of land that are five (5) acres or less in size;
(2)
Tree harvesting, provided that no more than one (1) cord of
wood per five (5) acres of land is harvested in any one (1) year and
that no more than five (5) cords of wood are harvested from the entire
parcel in any one (1) year;
(3)
Tree planting, provided that the area to be planted does not
exceed five (5) acres in any one (1) year, no soil disturbance occurs
other than that caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(4)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five (5) acres in any one (1) year;
(q)
Prescribed burning and the clearing and maintaining of fire
breaks; or
(s)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Ord. #2019-02 § III]
(t)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any Comprehensive Plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Ord. #2019-02 § III]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Ord. #2019-02 § III]
(v)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Ord. #2019-02 § III]
3.
The exceptions contained in paragraph 2 above shall not apply to
any historic resources designated by the Pinelands Commission pursuant
to N.J.A.C. 7:50-6.154.
4.
Nothing herein shall preclude any local or State agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this subsection.
b.
Application requirements for minor development.
1.
Any application for approval of minor development shall include at
least the following information:
(a)
The applicant's name and address and his interest in the subject
property;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The legal description, including block and lot designation and
street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed
development;
(f)
A USGS Quadrangle Map, or copy thereof, and a copy of the municipal
Tax Map sheet on which the boundaries of the subject property and
the Pinelands Management Area designation and the zoning designation
are shown;
(g)
A plat or plan showing the location of all boundaries of the
subject property, the location of all proposed development, and existing
or proposed facilities to provide water for the use and consumption
of occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(1)
On-site treatment facilities: Location, size, type and capacity
of any proposed on-site wastewater treatment facilities; and
(2)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in subsection 17-27.24.
(h)
A location map, including the area extending at least three
hundred (300') feet beyond each boundary of the subject property,
showing ownership boundary lines, the boundary of the proposed development,
owners of holdings adjoining and adjacent to the subject property,
existing facilities, buildings and structures on the site, all proposed
development, wetlands, streams (including intermittent streams), rivers,
lakes and other water bodies and existing roads;
(i)
A soils map including a county soils survey which conforms to
the guidelines of the United States Department of Agriculture Soil
Conservation Service, showing the location of all proposed development;
(j)
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
(k)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
c.
Application requirements for other development.
1.
All applications for major development, other than forestry, shall
be accompanied by the information required in N.J.A.C. 4.2(b)5, as
well as the following:
(a)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
2.
In addition to paragraphs 1(a) and (b) above, an application for
approval of forestry operations shall be subject to the application
requirements set forth in N.J.A.C. 7:50-6.44.
[Ord. #82-17, § 601; Ord. #83-1, § 4;
Ord. #89-26, §§ 7—12; Ord. #2019-02, § IV]
a.
Application submission and modifications.
Written notification shall be given by the Borough, by email
or regular mail, to the Pinelands Commission within seven (7) days
after a determination is made by the Borough that an application for
development in the Pinelands Area is complete or if a determination
is made by the Borough that the application has been modified. Said
notice shall contain:
[Ord. #2019-02, § IV).]
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
3.
A brief description of the proposed development, including uses and
intensity of uses proposed;
4.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
5.
The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency;
6.
The approval agency with which the application or change thereto
was filed;
7.
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plans or reports;
and
8.
The nature of the municipal approval or approvals being sought.
b.
Meetings and hearings.
Where a meeting, hearing or other formal proceeding on an application
for development approval in the Pinelands Area is required, the applicant
shall provide notice to the Pinelands Commission by email, regular
mail or delivery of the same to the principal office of the Commission
at least five (5) days prior to such meeting, hearing or other formal
proceeding. Such notice shall contain at least the following information:
[Ord. #2019-02, § IV).]
1.
The name and address of the applicant;
2.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
3.
The date, time and location of the meeting, hearing or other formal
proceeding;
4.
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
5.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission; and
6.
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
c.
Notice of approvals and denials.
The Pinelands Commission shall be notified of all approvals
and denials of development in the Pinelands Area, whether the approval
occurs by action or inaction of any approval agency or an appeal of
any agency's decision. The applicant shall within five (5) days of
the approval or denial give notice by email or regular mail to the
Pinelands Commission. Such notice shall contain the following information:
[Ord. #2019-02, § IV]
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
3.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
4.
The date on which the approval or denial was issued by the approval
agency;
5.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
6.
Any revisions to the application not previously submitted to the
Commission; and
7.
A copy of the resolution, permit, or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
d.
Review by Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval pursuant to subsection 17-27.7, paragraph b., the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Borough shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
1.
Pursuant to N.J.A.C. 7:50-4.1(b) and until January 14, 1991, approvals
issued by the Pinelands Development Review Board or the Pinelands
Commission under the Interim Rules and Regulations shall serve as
the basis for Pinelands Commission review of local approval under
this section.
2.
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
e.
Condition on prior approvals by Borough. Where a prior approval has
been granted by the Borough, no subsequent approval of an application
for development approval shall be obtained until one of the following
is satisfied:
1.
Notification is received from the Pinelands Commission that review
of the Borough's approval is not required; or
2.
Review of the Borough's approval has been completed pursuant to N.J.A.C.
7:50-4.37-4.42 and a final order regarding the approval is received
by the Borough from the Pinelands Commission.
f.
Effect on Pinelands Commission's decision on Borough's approval.
If the Pinelands Commission disapproves an application for development
previously approved by an approval agency, such approval shall be
revoked by the approval agency within thirty (30) days and the agency
shall thereafter deny approval of the application. If the Commission
approves the decision of an approval agency subject to conditions,
the approval agency which had previously approved the application
shall, within thirty (30) days, modify its approval to include all
conditions imposed by the Commission; and if final approval of the
application is required, shall grant final approval only if the application
for approval demonstrates that the conditions specified by the Commission
have been met by the applicant.
g.
Participation of Pinelands Commission in public hearings. The Pinelands
Commission may participate in a hearing held in the Borough involving
the development of land in the Pinelands Area pursuant to N.J.A.C.
70:50-4.36.
h.
Amendments. In amending this section, the Borough's Master Plan,
or any other ordinance regulating the use of land, the Borough shall
comply with all the requirements of N.J.A.C. 7:50-3.45.
i.
Environmental Commission Review. All applications for major development
and forestry shall be referred to the Environmental Commission for
review and comment.
j.
Public development. All development proposed by the Borough or any
agency thereof will comply with all the requirements for public development
set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set
forth in this section.
[Ord. #82-17, § 602]
All agricultural activities and fish and wildlife management
activities, including the preparation of land and the planting, nurturing
and harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service, and the New Jersey Agricultural Experimental Station at Rutgers
University.
[Ord. #82-17, § 603; Ord. #88-26, § 13;
Ord. #97-15, § 6]
a.
All development shall adhere to the relevant air quality standards
of N.J.A.C. 7:27 et seq. Adherence to the standards of this section
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
b.
Applications for residential development of fifty (50) or more units
and any other development involving more than one hundred (100) parking
spaces located in the Borough shall ensure that all State ambient
air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide
shall not be exceeded at places of maximum concentration and at sensitive
receptors.
[Ord. #82-17, § 604]
All recreation areas and facilities shall be designed in accordance
with N.J.D.E.P. publication "Administration Guidelines: Barrier-Free
Design Standards for Parks and Recreation Facilities."
[Ord. #82-17, § 605; Ord. #83-1, § 5;
Ord. #88-26, § 14]
a.
Buffers. Buffer areas shall require site plan approval and are required
along all lot lines which separate a nonresidential use from either
an existing residential use or residential zoning district. Buffer
areas shall be developed in an aesthetic manner for the primary purpose
of screening views or reducing noise perception beyond the lot. No
structure, activity, storage of materials, or parking of vehicles
shall be permitted in a buffer area.
b.
Screening of vehicles. No more than ten (10) automobiles, trucks
or other motor vehicles, whether or not they are in operating condition,
shall be stored on any lot unless such motor vehicles are adequately
screened from adjacent residential uses.
c.
Screening of utility structures. Above ground generating facilities,
switching complexes, pumping stations, and substations shall be screened
with vegetation from adjacent uses in accordance with this subsection.
[Ord. #82-17, § 606]
Within the limits of practicality, after taking into consideration
topography, drainage, and other relevant design considerations, streets
in a subdivision shall be oriented in east/west manner (varying up
to twenty (20°) degrees) so that lots can be oriented with greatest
dimension north/south, as this arrangement will encourage the siting
of buildings with the longest dimension east/west.
Provision shall be made where practical for the planting of
deciduous trees along the southern exposure of a building in order
to provide shade in the summertime, while allowing solar access for
natural solar heating in the winter months.
Where practical, evergreen landscaping and/or earth berms shall
be provided along the northern exposure of buildings to act as a windbreak
from northerly winter winds.
[Ord. #87-17, § 607; Ord. #88-26, § 15]
a.
No development shall be carried out in the Pinelands Area unless
it is designed to avoid irreversible adverse impacts on habitats that
are critical to the survival of any local populations of those threatened
or endangered animal species designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
b.
All development or other authorized activity shall be carried out
in a manner which avoids disturbance of fish and wildlife habitats
that are essential to the continued nesting, resting, breeding and
feeding of significant populations of fish and wildlife in the Pinelands.
[Ord. #82-17, § 608; Ord. #83-1, § 6;
Ord. #88-26, §§ 16-19]
a.
All proposed developments or units or sections thereof of twenty-five
(25) dwelling units or more shall have two (2) access ways of a width
and surface composition sufficient to accommodate and support fire
fighting equipment;
b.
All dead-end roads will terminate in a manner which provides safe
and efficient entry and exits for fire equipment.
c.
The rights-of-way of all roads will be maintained so that they provide
an effective fire break;
d.
A fire hazard fuel break shall be provided around structures proposed
for human use by the selective removal or thinning of trees, bushes,
shrubs and ground cover including the use of prescribed burning as
follows:
3.
In extreme high hazard areas a fuel break of one hundred (100') feet
measured outward from the structure in which:
4.
All residential development of one hundred (100) dwelling units or
more in high or extreme high hazard areas will have a two hundred
(200') foot perimeter fuel break between all structures and the forest
in which:
(a)
Shrubs, understory trees and bushes and ground cover are selectively
removed, mowed or pruned and maintained on an annual basis;
(b)
All dead plant material is removed;
(c)
Roads, rights-of-way, wetlands and waste disposal sites shall
be used as fire breaks to the maximum extent practical; and
(d)
There is a specific program for maintenance.
e.
Refer to the definition of Fire Hazard in subsection 17-27.5 of this section for Wildfire Hazard Classifications.
f.
All structures shall meet the following specifications:
1.
Roofs and exteriors will be constructed of fire resistant materials
such as asphalt rag felt roofing, tile, slate, asbestos cement shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingles
or shake type roofs are prohibited in high or extreme fire hazard
areas.
2.
All projections such as balconies, decks, and roof gables shall be
constructed of fire resistant materials or materials treated with
fire retardant chemicals.
3.
Any openings in the roof, attic, and the floor shall be screened.
4.
Chimneys and stovepipes which are designed to burn solid or liquid
fuels shall be equipped with screens over the outlets.
5.
Flat roofs are prohibited in areas where vegetation is higher than
the roof.
[Ord. #82-17, § 609; Ord. #88-26, § 20;
Ord. #97-15, §§ 7, 8]
a.
The Planning Board shall exercise all powers and perform all the
duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations
to the governing body for designation of historic resources, in accordance
with N.J.S.A. 40:55D-1 et seq., which are determined to be significant
pursuant to paragraph e, 2 below.
b.
Authority to issue certificates of appropriateness.
c.
Certificates of appropriateness shall be required for the following:
1.
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Borough
Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
d.
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
e.
A cultural resource survey shall accompany all applications for major
development in order to determine whether any significant historic
resources exist on the parcel. Guidelines for this survey are contained
in Appendix B of the "Cultural Resource Management Plan," dated April
1991, as amended. In general, the survey shall include: a statement
as to the presence of any properties listed on the National and State
Registers of Historic Places on the site or within the area of the
projects' potential environmental impacts; a thorough search of State,
local and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
1.
This requirement for a survey may be waived by the local approval
agency if:
(a)
There is insufficient evidence of significant cultural activity
on the project site or, in the case of archaeological resources, within
the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential
for importance because further recording of the available data will
not contribute to a more comprehensive understanding of Pinelands
culture; or
(c)
The evidence of cultural activity lacks any potential for significance
pursuant to the standards of paragraph 2 below.
2.
A resource shall be deemed to be significant if it possesses integrity
of location, design, setting, materials, workmanship, feeling, and
association which reflects its significance in American history, architecture,
archaeology or culture under one (1) or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events
of significance to the cultural, political, economic or social history
of the nation, State, local community or the Pinelands; or
(b)
The presence of structures, sites or areas associated with the
lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, State, local
community or the Pinelands; or
(c)
The presence of structures that represent the work of a master,
or that possess high artistic values, or that embody the distinctive
characteristics of a type, period or method of construction, or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, State,
local community or the Pinelands, although its components may lack
individual distinction; or
(d)
The presence of a site or area which has yielded or is likely
to yield significant information regarding the history or archaeological
history of the Pinelands.
f.
The standards governing the issuance of certificates of appropriateness
in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board
and Board of Adjustment.
g.
The effect of the issuance of a certificate of appropriateness is
as follows:
1.
All subsequent development approvals shall be issued or denied in
a manner consistent with the certificate of appropriateness except
as provided in paragraph 2 below.
2.
A Certificate of Appropriateness issued as a result of the cultural
resource survey requirement set forth in paragraph e above shall be
effective for two (2) years. If the resource is not designated by
the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the
Borough Council pursuant to N.J.S.A. 40:55D-1 et seq. within that
two (2) year period, the historic resource standards of this subsection
shall no longer apply to the resource in question until such time
as the Pinelands Commission designates the resource pursuant to N.J.A.C.
7:50-6.154.
h.
The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity:
1.
A narrative description of the resource and its cultural environment;
2.
Photographic documentation to record the exterior appearance of buildings,
structures, and engineering resources;
3.
A site plan depicting in correct scale the location of all buildings,
structures, and engineering resources; and
4.
A New Jersey State Inventory Form as published by the New Jersey
Department of Environmental Protection for buildings and a narrative
description of any process or technology if necessary to elaborate
upon the photographic record.
i.
If archaeological data is discovered on a site at any time after
construction has been commenced, the developer shall immediately cease
construction, notify the Planning Board and the Pinelands Commission
and take all reasonable steps to protect the archaeological data in
accordance with the "Guidelines for the Recovery of Scientific, Prehistoric,
Historic and Archaeological Data: Procedures for Notification, Reporting,
and Data Recovery" (36 C.F.R. 66).
[Ord. #82-17, § 610; Ord. #83-1, § 7;
Ord. #97-13, § 2; Ord. #2002-16, §§ 2, 3;
Ord. #2005-25, § 2; Ord. #2008-24]
a.
Purpose.
1.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
2.
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide
Nonresidential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from nonresidential development.
3.
This subsection establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected
pursuant to this ordinance shall be used for the sole purpose of providing
low- and moderate-income housing. This ordinance shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:97-8.
c.
AFFORDABLE HOUSING DEVELOPMENT
COAH OR THE COUNCIL
DEVELOPMENT FEE
DEVELOPER
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this ordinance, shall
have the following meanings:
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a one hundred (100%)
percent affordable development.
Shall mean the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the municipality
in which the property is situated, as determined in accordance with
sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
Shall mean those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
d.
Residential development fees.
1.
Imposed fees.
(a)
Within the Borough of Beachwood district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of one and a half (1.5%) percent of the equalized
assessed value for residential development provided no increased density
is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of six (6%) percent of the
equalized assessed value for each additional unit that may be realized.
However, if the zoning on a site has changed during the two-year period
preceding the filing of such a variance application, the base density
for the purposes of calculating the bonus development fee shall be
the highest density permitted by right during the two-year period
preceding the filing of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two (2) units, the fees could equal one
and a half (1.5%) percent of the equalized assessed value on the first
two (2) units; and the specified higher percentage up to six (6%)
percent of the equalized assessed value for the two (2) additional
units, provided zoning on the site has not changed during the two-year
period preceding the filing of such a variance application.
2.
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
e.
Nonresidential development fees.
1.
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to two and one-half (2.5%) percent of the equalized
assessed value of the land and improvements, for all new nonresidential
construction on an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
two and one-half (2.5%) percent of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
a half (2.5%) percent shall be calculated on the difference between
the equalized assessed value of the preexisting land and improvement
and the equalized assessed value of the newly improved structure,
i.e. land and improvement, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the nonresidential development fee shall be
zero.
2.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and a half (2.5%) percent
development fee, unless otherwise exempted below.
(b)
The two and a half (2.5%) percent fee shall not apply to an
increase in equalized assessed value resulting from alterations, change
in use within existing footprint, reconstruction, renovations and
repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L.2008, c.46, as specified in the Form N-RDF
"State of New Jersey Nonresidential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L.2008, c.46 shall be
subject to it at such time the basis for the exemption no longer applies,
and shall make the payment of the nonresidential development fee,
in that event, within three (3) years after that event or after the
issuance of the final Certificate of Occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within forty-five (45) days of the termination of the
property tax exemption. Unpaid nonresidential development fees under
these circumstances may be enforceable by the Borough of Beachwood
as a lien against the real property of the owner.
f.
Collection procedures.
1.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
2.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
3.
The Construction Official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
4.
Within ninety (90) days of receipt of that notice, the Municipal
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
5.
The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the local Assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
6.
Within ten (10) business days of a request for the scheduling of
a final inspection, the Municipal Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
7.
Should the Borough of Beachwood fail to determine or notify the developer of the amount of the development fee within ten (10) business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
8.
Fifty (50%) percent of the development fee shall be collected at
the time of issuance of the building permit. The remaining portion
shall be collected at the issuance of the Certificate of Occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at building permit and that determined at issuance
of Certificate of Occupancy.
9.
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest bearing escrow account by the Borough of Beachwood
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within ninety (90) days after the date of
such determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within forty-five (45) days of receipt of the challenge, collected
fees shall be placed in an interest bearing escrow account by the
Borough of Beachwood. Appeals from a determination of the Director
may be made to the tax court in accordance with the provisions of
the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within ninety
(90) days after the date of such determination. Interest earned on
amounts escrowed shall be credited to the prevailing party.
g.
Affordable housing trust fund.
1.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer for the purpose
of depositing development fees collected from residential and nonresidential
developers and proceeds from the sale of units with extinguished controls.
2.
The following additional funds shall be deposited in the affordable
housing trust fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make ten (10%) percent of the
adaptable entrances in a townhouse or other multistory attached development
accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Beachwood's affordable housing program.
3.
Within seven (7) days from the opening of the trust fund account,
the Borough of Beachwood shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and COAH to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13(b).
4.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
h.
Use of funds.
1.
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Borough of Beachwood's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or State standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
2.
Funds shall not be expended to reimburse the Borough of Beachwood
for past housing activities.
3.
At least thirty (30%) percent of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the municipal Fair Share Plan. One-third (1/3) of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning thirty
(30%) percent or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning thirty (30%)
percent or less of median income may include buying down the cost
of low or moderate-income units in the municipal Fair Share Plan to
make them affordable to households earning thirty (30%) percent or
less of median income. The use of development fees in this manner
may entitle the Borough of Beachwood to bonus credits pursuant to
N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
4.
The Borough of Beachwood may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
5.
No more than twenty (20%) percent of all revenues collected from
development fees, may be expended on administration, including, but
not limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than twenty
(20%) percent of the revenues collected from development fees shall
be expended for such administrative expenses. Administrative funds
may be used for income qualification of households, monitoring the
turnover of sale and rental units, and compliance with COAH's monitoring
requirements. Legal or other fees related to litigation opposing affordable
housing sites or objecting to the Council's regulations and/or action
are not eligible uses of the affordable housing trust fund.
i.
Monitoring. The Borough of Beachwood shall complete and return to
COAH all monitoring forms included in monitoring requirements related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Borough
of Beachwood's housing program, as well as to the expenditure of revenues
and implementation of the plan certified by COAH. All monitoring reports
shall be completed on forms designed by COAH.
j.
Ongoing collection of fees. The ability for the Borough of Beachwood
to impose, collect and expend development fees shall expire unless
the Borough of Beachwood has filed an adopted Housing Element and
Fair Share Plan with COAH, by December 31, 2008 or such other date
as is set or permitted by COAH or a Court of competent jurisdiction.
The Borough of Beachwood shall petition for substantive certification,
and has received COAH's approval of its development fee ordinance.
If the Borough of Beachwood fails to renew its ability to impose and
collect development fees prior to the expiration of substantive certification,
once received from COAH, it may be subject to forfeiture of any or
all funds remaining within its municipal trust fund. Any funds so
forfeited shall be deposited into the "New Jersey Affordable Housing
Trust Fund" established pursuant to section 20 of P.L.1985, c.222
(C.52:27D-320). The Borough of Beachwood shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its substantive certification
or judgment of compliance, nor shall the Borough of Beachwood retroactively
impose a development fee on such a development. The Borough of Beachwood
shall not expend development fees after the expiration of its substantive
certification, once received.
[Ord. #82-17, § 611; Ord. #83-1, § 8]
All lots where fill material is deposited shall have clean fill
or topsoil deposited which shall be graded to allow complete surface
draining of the lot into natural drainage courses. No regrading of
a lot shall be permitted which will violate the provisions regulating
soil erosion and sediment control, soil removal, floodplain or wetlands
contained in this section. Grading shall be limited to areas shown
on an approved site plan or subdivision. Any topsoil disturbed during
approved excavation and grading operations shall be redistributed
throughout the site.
[Ord. #82-17, § 612; Ord. #83-1, § 8]
a.
Where two (2) or more adjoining lots are under the same ownership,
and one (1) or more of the lots should not conform with the minimum
area or dimension requirements for the zone in which it is located,
the lots shall be considered as a single lot and the provisions of
this subsection shall apply.
b.
Whenever the land has been dedicated or conveyed to the Borough by
the owner of a lot in order to meet the minimum street width requirements
or to implement the Official Map or Master Plan, and which lot existed
on the effective date hereof, the Construction Code Official shall
not withhold a building or occupancy permit when the lot depth or
area was rendered substandard due to such dedication and where the
owner has no adjacent lands to meet the minimum requirements.
[Ord. #82-17, § 613; Ord. #83-1, § 8]
Site plans within the General Business Zone where all buildings
are designed as a united and Comprehensive Plan in accordance with
the applicable zoning district standards, may have more than one (1)
building on a lot and more than one (1) use within a building.
[Ord. #82-17, § 614; Ord. #83-1, § 9;
Ord. #88-26, § 21; Ord. #97-15, §§ 9, 10]
a.
No sign, other than warning or safety signs, which is designed or
intended to attract attention by sudden, intermittent or rhythmic
movement, or physical or lighting change, shall be permitted in the
Pinelands Area.
b.
No sign, other than warning or safety signs, which changes physical
position by any movement or rotation or which gives the visual impression
of such movement or rotation shall be permitted in the Pinelands Area.
c.
No outdoor, off-site commercial advertising sign shall be permitted
in the Pinelands Area, except as follows:
1.
Existing lawful off-site commercial advertising signs, in existence
as of January 14, 1981, shall be permitted; and
2.
Off-site signs advertising agricultural commercial establishments
shall be permitted, provided that:
(a)
No more than two (2) signs shall be placed in any one (1) direction
along each road directly approaching the establishment; and
(b)
No sign along a four-lane State and Federal highway shall exceed
fifty (50) square feet in area, and no sign along any other road shall
exceed thirty-two (32) square feet in area.
d.
Any existing sign which does not conform to paragraph a and b above
shall be removed immediately. Any existing sign which does not conform
to paragraph c above shall be removed no later than December 5, 1996.
[Ord. #82-1, § 615; Ord. #83-1, § 10;
Ord. #88-26, §§ 20, 21; Ord. #97-15, §§ 11,
12]
a.
No materials or wastes shall be deposited upon a lot in such form
or manner that they can be transferred off the lot, directly or indirectly,
by natural forces such as precipitation, evaporation or wind.
b.
No flammable or explosive substance shall be stored on a property
except under conditions approved by the Fire Department and the New
Jersey Department of Labor and Industry.
c.
No hazardous or toxic substances, including hazardous wastes, shall
be stored, transferred, processed, discharged, disposed or otherwise
used in the Pinelands Area. The land application of waste or waste
derived materials is prohibited in the Pinelands Area, except as expressly
authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall
only be permitted in the Pinelands Area in accordance with the standards
set forth in N.J.A.C. 7:50-6.
d.
All storage facilities for de-icing chemicals shall be lined to prevent
leaking into the soil and shall be covered with an impermeable surface
which shields the facility from precipitation.
e.
The owners of petroleum storage tanks shall comply with the requirements
of Chapter 102 of the Laws of 1986.
[Ord. #82-17, § 616; Ord. #83-1, § 10]
a.
New utility distribution lines and telephone lines to locations not
presently served by utilities shall be placed underground, except
for those lines which are located on or adjacent to active agricultural
operations.
b.
All electric utility transmission lines shall be located within existing
rights-of-way, on existing towers or underground to the maximum extent
practical.
[Ord. #82-17, § 617; Ord. #83-1, § 11;
Ord. #88-26, § 22; Ord. #97-15, § 13]
a.
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
b.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
c.
All applications for major development shall contain a landscaping
or revegetation plan which incorporates the elements set forth in
paragraph d below.
d.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to paragraph c above or required pursuant to subsection 17-15.5a,18 shall incorporate the following elements:
1.
The limits of clearing shall be identified;
2.
Existing vegetation, including New Jersey's Record Trees as published
by the New Jersey Department of Environmental Protection in 1991 and
periodically updated, shall be incorporated into the landscape design
where practical;
3.
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
laws associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
4.
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for
revegetation or landscaping purposes. Other shrubs and trees may be
used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures;
or
(c)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
e.
Development prohibited in the vicinity of threatened or endangered
plants. No development shall be carried out by any person in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
the survival of any local populations of threatened or endangered
plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Ord. #82-17, § 618; Ord. #83-1, § 12;
Ord. #88-26, §§ 23, 24; Ord. #97-15, §§ 14-20]
a.
All development permitted under this section shall be designed and
carried out so that the quality of surface and ground water shall
be protected and maintained. Except as specifically authorized in
this section, no development which degrades surface or ground water
quality or which establishes new point sources of pollution shall
be permitted.
b.
The following point and non-point sources may be developed and operated
in the Pinelands:
1.
Development of new or the expansion of existing commercial, industrial
and wastewater treatment facilities, or the development of new or
the expansion of existing non-point sources, except those specifically
regulated in paragraphs b,2 through 5 below, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and
quantity such that ground water exiting from the parcel of land or
entering a surface body of water will not exceed two (2) parts per
million nitrate/ nitrogen;
(c)
All public wastewater treatment facilities are designed to accept
and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into ground water.
2.
Development of new wastewater treatment or collection facilities
which are designed to improve the level of nitrate/nitrogen attenuation
or more than one (1) existing on-site wastewater treatment system
where a public health problem has been identified, may be exempted
from the standards of paragraph 1, (c) above provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from
existing residential, commercial, and industrial development;
(c)
Adherence to paragraph 1, (c) above cannot be achieved due to
limiting site conditions or that the costs to comply with the standard
will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines
but in no case shall ground water exiting from the parcel or entering
a surface body of water exceed five (5) parts per million nitrate/nitrogen.
3.
Improvements to existing commercial, industrial, and wastewater treatment
facilities which discharge directly into surface waters provided that:
(a)
There is no practical alternative available that would adhere
to the standards of N.J.A.C. 7:50-6.84(a)1i;
(b)
There is no increase in the existing approved capacity of the
facility; and
(c)
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two (2) parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two (2) parts per million, the discharge shall not exceed
two (2) parts per million nitrate/nitrogen.
4.
Individual on-site septic wastewater treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(a)
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size
of the entire contiguous parcel on which the system or systems is
located will ensure that ground water exiting from the entire contiguous
parcel or entering a surface body of water will not exceed two (2)
parts per million nitrate/nitrogen, calculated pursuant to the Pinelands
dilution model dated December, 1993, as amended, subject to the provisions
of paragraph b,4(c) below. The entire contiguous parcel may include
any contiguous lands to be dedicated as open space as part of the
proposed development but may not include previously dedicated road
rights-of-way or any contiguous lands that have been deed restricted
pursuant to N.J.A.C. 7:50-5.47;
(c)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five (5) acres or
less existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at least five (5')
feet;
(e)
Any potable water well will be drilled and cased to a depth
of at least one hundred (100') feet, unless the well penetrates an
impermeable clay aquiclude, in which case the well shall be cased
to at least fifty (50') feet;
(f)
The system will be maintained and inspected in accordance with
the requirements of N.J.A.C. 7:50-6.85;
(g)
The technology has been approved for use by the New Jersey Department
of Environmental Protection; and
(h)
Flow values for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a)
shall be used in calculating flow.
5.
Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(a)
The standards set forth in paragraphs b, 4(a) and b, 4(c) through
(h) above are met; and
(b)
The design of the system and its discharge point, and the size
of the entire contiguous parcel on which the system or systems is
located will ensure that ground water exiting from the entire contiguous
parcel or entering a surface body of water will not exceed two (2)
parts per million nitrate/nitrogen, calculated pursuant to the Pinelands
dilution model dated December, 1993, as amended, subject to the provisions
of paragraph b, 4(c) above and the assumptions and requirements set
forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may
include any contiguous lands to be dedicated as open space as part
of the proposed development but may not include previously dedicated
road rights-of-way or any contiguous lands that have been deed restricted
pursuant to N.J.A.C. 7:50-5.47.
c.
Use of any substance is prohibited in the Borough to the extent that
such use will result in direct or indirect introduction of such substances
to any surface, or ground or surface water or any land: such as waste
oil, for example.
d.
No person shall apply any herbicide to any road or public utility
right-of-way within the Borough unless necessary to protect an adjacent
agricultural activity.
e.
All vehicles not in operating condition shall be stored only if the
gasoline tanks of such vehicles are drained. This requirement shall
not apply to vehicles which are in operating condition and which are
maintained for agricultural purposes.
[Ord. #82-17, § 619; Ord. #83-1, § 13;
Ord. #88-26, §§ 26, 27; Ord. #97-15, § 21]
a.
Surface water runoff resulting from any development permitted in
this chapter shall comply with the following requirements:
1.
The total runoff generated from any net increase in impervious surfaces
by a ten (10) year storm of a twenty-four (24) hour duration shall
be retained and infiltrated on-site. Runoff volumes shall be calculated
in accordance with the United States Soil Conservation Service Technical
Release No. 55 or the S.C.S. National Engineering Handbook, section
4;
2.
The rates of runoff generated from the parcel by a two (2) year,
ten (10) year and one hundred (100) year storm, each of a twenty-four
(24) hour duration, shall not increase as a result of the proposed
development. Runoff rates shall be calculated in accordance with the
United States Soil Conservation Service Technical Release No. 55 or
the S.C.S. National Engineering Handbook, section 4;
3.
Surface water runoff shall not be directed in such a way as to increase
the volume and rate of discharge into any surface water body from
that which existed prior to development of the parcel;
4.
Excessively and somewhat excessively drained soils, as defined by
the Soil Conservation Service, should be avoided for recharge of runoff
wherever practical;
5.
A minimum separation of two (2') feet between the elevation of the
lowest point of the bottom of the infiltration or detention facility
and the seasonal high water table shall be met, or a lesser separation
when it is demonstrated that the separation, either due to soil conditions
or when considered in combination with other stormwater management
techniques, is adequate to protect ground water quality; and
6.
A four (4) year maintenance guarantee shall be provided for the entire
stormwater management system by the applicant. In addition, the applicant
shall fund or otherwise guarantee an inspection and maintenance program
for a period of no less than ten (10) years. The program shall identify
the entity charged with responsibility for annual inspections and
the completion of any necessary maintenance, and the method to finance
said program.
b.
Water shall not be exported from the Pinelands except as otherwise
provided in N.J.S.A. 58:1A-7.1.
c.
Buildings serviced by a central sewage system shall be designed to
include water saving devices.
[Ord. #82-17, § 620; Ord. #83-1, § 14;
Ord. #88-26, § 30; Ord. #89-3, § 1; Ord. #92-13,
§§ 2, 3; Ord. #2011-06 § 4]
a.
Development shall be prohibited in all wetlands and wetlands transition
areas in the Borough except as specifically authorized under this
subsection.
b.
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of subsection 17-27.7.
c.
Beekeeping shall be permitted in all wetlands.
d.
Forestry shall be permitted in all wetlands subject to the requirements
of N.J.A.C. 7:50-6.41 through 6.48.
e.
Fish and wildlife management and wetlands management activities in
accordance with N.J.A.C. 7:50-6.10 shall be permitted in all wetlands.
f.
Low intensity recreational uses which do not involve use of a structure,
including hunting, fishing, trapping, hiking, boating, and swimming,
and other low intensity recreational uses provided that any development
associated with those other uses does not result in a significant
adverse impact on the wetland as set forth in paragraph k below.
g.
Private docks, piers, moorings and boat launches for the use of a
landowner shall be permitted, provided that there is no significant
adverse impact on the wetland as set forth in paragraph k., hereof.
h.
Commercial or public docks, piers, moorings and boat launches, shall
be permitted, provided that there is a demonstrated need for the facility
that cannot be met by existing facilities, that the development conforms
with all State and Federal regulations and that the development will
not result in a significant adverse impact as set forth in paragraph
k., hereof.
i.
Bridges, roads, trails, and utility transmission and distribution
facilities and other similar linear facilities provided that:
1.
There is no feasible alternative route for the facility that does
not involve development in a wetland, or, if none, that another feasible
route which results in less significant adverse impacts on wetlands
does not exist;
2.
The need for the proposed linear improvement cannot be met by existing
facilities or modification thereof;
3.
The use represents a need which overrides the importance of protecting
the wetland;
4.
Development of the facility will include all practical measures to
mitigate the adverse impact on the wetland; and
5.
The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
j.
No development, other than those uses specifically authorized in
paragraphs b to d hereof, shall be carried out within three hundred
(300') feet of any wetland unless it has been demonstrated that the
proposed development will not result in a significant adverse impact
on the wetland as set forth in paragraph k., hereof.
k.
A significant adverse impact shall be deemed to exist where it is
determined that one (1) or more of the following modifications of
a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components, (including, but not limited
to threatened or endangered species of plants or animals):
1.
An increase in surface water runoff discharging into a wetland;
2.
A change in the normal seasonal flow patterns in the wetland;
3.
An alteration of the water table in the wetland;
4.
An increase in erosion resulting in increased sedimentation in the
wetland;
5.
A change in the natural chemistry of the ground or surface water
in the wetland;
6.
A loss of wetland habitat;
7.
A reduction in wetland habitat diversity;
8.
A change in wetlands species composition; or
9.
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting, or feeding.
l.
Determinations under paragraph k above shall consider the cumulative
modifications of the wetland due to the development being proposed
and any other existing or potential development which may affect the
wetland.
[Ord. #82-17, § 700; Ord. #83-1, §§ 14-16;
Ord. #88-26, §§ 31, 32, 34, 35; Ord. #89-3, § 2;
Ord. #92-13, § 4; Ord. #97-14, § 2; Ord. #97-15,
§§ 22, 23; Ord. #99-03, §§ 2, 3; Ord.
#2002-02, § 1]
a.
B-1 General Business Zone.
1.
Permitted principal uses.
(a)
Retail businesses.
(b)
Personal services establishments.
(c)
Business, professional and governmental offices.
(d)
Banks and fiduciary institutions.
(e)
Cultural sales, instruction and supply sales.
(f)
Professional and business schools.
(g)
Food consumption establishments (except curb service food sales).
2.
Permitted accessory uses.
(a)
Off-street parking spaces.
(b)
Off-street loading spaces.
(c)
Storage of goods under roof and enclosed, incidental to conduct
of the principal commercial activity. Interior storage areas must
be permanent, non-movable structures on a permanent foundation and
so constructed as to be both architecturally and aesthetically harmonious
with the principal use.
(d)
Any use not specifically listed in paragraph a.1, Permitted
principal uses which is substantially similar in purpose, function,
character and effect to any one of the uses listed or can reasonably
be considered accessory thereto.
3.
Conditional uses. Permitted upon application and approval of the
Planning Board.
4.
Bulk regulations. As specified in the Bulk Schedule, attached to,
and made part of this section.
Editor's Note: For the bulk schedule for the Pinelands Area, see subsction 17-27.28. The Bulk schedule for all zones is included as an attachment to this chapter.
5.
Permitted signs.
(a)
All signs in this zone must conform to provisions set forth
in N.J.A.C. 7:50-6.107.
(b)
No neon sign or similar illuminated advertisements shall be
of such a color or located in such a fashion as to diminish or detract
in any way from the effectiveness of any traffic signal or similar
official safety or warning device.
6.
Parking and other provisions and requirements.
(a)
For permitted business and service establishments one (1) parking
space for each two hundred (200) square feet of gross floor area of
the establishment.
(b)
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of ten thousand (10,000) square
feet - one (1) loading berth for every ten thousand (10,000) square
feet or fraction thereof, of gross floor area.
(c)
Public and private parking lots are permitted.
7.
Prohibited uses.
(a)
All residential, service, commercial, or industrial uses not
specifically permitted in this zone.
(b)
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse, matter, coal or gas fumes, noise,
vibration, or similar substances or conditions is specifically prohibited.
(c)
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
(d)
Curb service facilities or drive-in type restaurants, junkyards,
livestock and poultry keeping.
(e)
The sale, rental, leasing, storage and/or repairs of new and/or
used cars, trucks or other vehicles.
b.
AR Active Recreation Zone.
1.
Permitted principal uses.
(a)
Active recreation uses including but not limited to golf courses
and athletic fields.
3.
Conditional uses. Permitted upon application to and approval by the
Borough Planning Board.
(a)
Structures for public utilities and municipal service as necessary
to provide adequate service and protection to the surrounding areas
subject to the provisions of this chapter.
4.
Permitted signs.
(a)
Non-illuminated, recreational nameplate signs situated within
the property line and not exceeding ten (10) square feet in area on
any surface.
6.
Bulk requirements of the AR-Zone are established as follows:
|
Minimum lot area
|
2 acres
|
|
Minimum lot width
|
150 feet
|
|
Minimum lot depth
|
150 feet
|
|
Minimum front setback
|
50 feet
|
|
Minimum sideyard setback
|
20 feet
|
|
Minimum total sideyard setback
|
40 feet
|
|
Minimum rear setback:
|
50 feet
|
|
Maximum building height:
|
35 feet
|
|
Maximum building height (in stories)
|
2 1/2 feet
|
|
Maximum lot coverage
|
30%
|
|
Maximum d.u. per building
|
1
|
|
Minimum distance between buildings
|
50
|
|
Minimum site landscaping
|
20%
|
|
Accessory Uses:
|
|
Minimum sideyard offset
|
10 feet
|
|
Minimum rearyard offset
|
10 feet
|
c.
Permitted principal use. No more than one (1) principal use shall
be located on one (1) lot, except for forestry, agricultural, horticulture,
fishing and wildlife management, wetlands management and recreational
development in accordance with the provisions of N.J.A.C. 7:50-1 et
seq., Pinelands Comprehensive Management Plan.
d.
Use of Pinelands Development Credits.
1.
Pinelands Development Credits may be allocated to certain properties
in the Borough by the Pinelands Commission pursuant to N.J.A.C. 7:50-4-61
et seq.
2.
Pinelands Development Credits shall be used in the following manner:
(a)
When a variance or other approval for a residential use in the
AR Districts is granted by the Borough, Pinelands Development Credits
shall be used for fifty (50%) percent of the authorized units for
parcels under ten (10) acres in size; for seventy-five (75%) percent
of the authorized units for parcels between ten (10) and twenty (20)
acres in size and for one hundred (100%) percent of the authorized
units for parcels over twenty (20) acres in size.
3.
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Borough approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to subsection 17-27.7 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
e.
Exceptions to height limitations.
1.
The height limitations in subsection 17-27.28 shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of two hundred (200') feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
f.
All setback areas are to be totally landscaped. Additionally, a minimum
of five (5') foot buffered and screened area surrounding periphery
of project at any zone boundary area shall be landscaped, buffered
and screened with natural vegetation.
[Ord. #82-17; Ord. #88-26, §§ 33, 36; Ord.
#92-13, § 5; Ord. #97-14, § 3; Ord. #99-03, §§ 2,4]
|
BULK SCHEDULE REQUIREMENTS FOR PINELANDS AREA
| ||
|---|---|---|
|
Requirement/Zone
|
B-1
|
AR
|
|
Minimum Land Area
|
--
| |
|
Sq. Ft. Min. Lot Area
|
15,000
| |
|
L.F. Min. Lot Width
|
100
|
150
|
|
L.F. Min. Lot Depth
|
150
|
150
|
|
L.F. Min. Front Setback
|
50
|
50
|
|
L.F. Min. One Side Yard Setback
|
5
|
20
|
|
L.F. Min. Total Side Yards
|
15
|
40
|
|
L.F. Min. Rear Setback
|
25
|
50
|
|
L.F. Max. Height
|
35
|
35
|
|
Max. Height in Stories
|
2
|
2 1/2
|
|
% Max. Lot Coverage
|
35
|
30
|
|
Min. Off-Street Parking
|
1/200 SF
| |
|
Max. D.U. per Building
|
0
|
1
|
|
L.F. Min. Distance between Buildings
|
15
|
50
|
|
Min. Site Landscaping - Open Space
|
--
|
20%
|
|
Max. D.U. per Gross Acre
|
--
| |
|
Min. Net Comm. Fl. Area (SF) Recreation
|
1,500
| |
|
Min. Res. Living Space per D.U. (SF)
|
--
| |
|
Accessory Uses:
| ||
|
L.F. Min. Side Yard Offset
|
10
| |
|
L.F. Min. Rear Yard Offset
|
10
| |
[Ord. #82-17, § 800]
All regulations of this chapter not specifically defined within
this section, are continued and incorporated herein and declared to
be a part of this section.
[Ord. #82-17, § 900]
No person shall occupy any land or building until he obtains
a Certificate of Occupancy. The certificate shall be issued if the
Zoning Officer is satisfied that the completed structure or land alteration
for which the permit was issued complies with the application for
the permit and this section. Applications for permits shall be made
on forms approved by the Borough Council.
[Ord. #82-17, A 29]
The Zoning Officer is charged with the primary duty of enforcement
of this chapter.
[Ord. #82-17, A 30]
Development undertaken by the Borough Council, School Board
or other officially created municipal agency or authority shall conform
to the provisions of this chapter and N.J.A.C. 7:50-4.41-4.47.
[Ord. #82-17, A 31; New]
Any owner or agent, and any person or corporation who shall violate any of the provisions of this section or fail to comply therewith or with any of the requirements thereof, who shall erect, structurally alter, enlarge, rebuild or move any building or buildings, or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall clear any land or who shall refuse reasonable opportunity to inspect any premises, shall be, upon conviction thereof, liable to the General Penalty as established in Chapter 1, Section 1-5. The owner of any building or structure, lot or land, or part hereof, where anything in violation of this section shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the penalty specified above.
