[Chapter 26 was amended in entirety 6-16-2022 by Ord. No.
606-2022. Prior history includes Ord. No. 268; Ord. No. 274; Ord. No. 300; Ord. No.
323; Ord. No. 331; Ord. No. 348; Ord. No. 361; Ord. No. 371; Ord. No. 406-1997; Ord. No. 408-1997; Ord.
No. 413-1997; Ord. No. 415-1997; Ord. No. 440; Ord. No. 458-2004; Ord.
No. 465-2005; Ord. No. 466-2005; Ord. No. 472-2006; Ord. No. 473-2006; Ord.
No. 482-2006; Ord. No. 484-2006; Ord. No. 495-2007; Ord. No. 505-2009; Ord.
No. 523-2011; Ord. No. 526-2011; Ord. No. 574-2018; Ord. No. 576-2018; 7-15-2021 by Ord. No. 596-2021.]
[Added 6-16-2022 by Ord.
No. 606-2022]
A comprehensive ordinance regulating and limiting the uses of
land and the users and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the areas of yards, courts and other open spaces; regulating
and restricting the density of population; dividing the Borough into
districts for such purposes; adopting a map of the Borough showing
boundaries and the classification of such districts; and prescribing
penalties for the violation of its provisions.
[Added 6-16-2022 by Ord.
No. 606-2022]
A short form by which this Chapter may be known shall be "The
Zoning Regulations of the Borough of Woodbine."
[Added 6-16-2022 by Ord.
No. 606-2022]
The Zoning Chapter is adopted pursuant to N.J.S.A. 40:55D-1,
et seq., in order to promote and protect the public health, safety,
morals, and general welfare, and in furtherance of the following related
and more specific objectives.
[Added 6-16-2022 by Ord.
No. 606-2022]
The provisions of this Chapter shall be held to be minimum requirements.
Where this Chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this Chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this Chapter, the provisions of such
other laws, rules, regulations or restrictions shall control.
[Added 6-16-2022 by Ord.
No. 606-2022]
All uses not expressly permitted in this Chapter are prohibited.
[Added 6-16-2022 by Ord.
No. 606-2022]
All requirements shall be met at the time of erection, enlargement,
alteration, moving or change in use of the principal use and shall
apply to the entire structure or structures whether or not the entire
structure or structures were involved in the erection, enlargement,
alteration, moving or change in use.
[Added 6-16-2022 by Ord.
No. 606-2022]
For the purposes of this Chapter certain terms and words are
herein defined as follows: The words "used for" include "designed
for" and vice versa; words used in the present tense include the future;
words used in the singular number include arranged, designed, constructed,
altered, converted, rented, leased, or intended to be used; the word
"building" includes the word "structure"; the word "dwelling" includes
the word "residence"; the word "lot" includes the word "plot" or "parcel";
and the word "shall" is mandatory and not discretionary. Whenever
a term is used in this Chapter which is defined in N.J.S.A. 40:55D-1,
et seq., such term is intended to have the meaning as defined in the
act, unless specifically defined to the contrary in this Chapter.
Any word or term not defined herein shall be used with a meaning of
standard usage.
Shall mean use or structure customarily incidental and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or buildings. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building. (See also Section 26-21 (General Provisions - All Districts and Uses))
Shall mean the control over construction above the ground,
right-of-way building or other structure and watercourses.
Shall mean any change in the supporting members of a building
such as walls, posts, piers, columns, beams or girders.
Shall mean a room or suite of connected rooms for occupancy
as a single dwelling unit by one family in a building having two or
more dwelling units.
Shall mean an open area other than a street which is used
for the display, sale, or rental of new or used motor vehicles or
trailers in operable condition and where no repair work is done.
Shall mean a story having more than 25% of its clear height
below the average finished grade.
Shall mean a facility providing overnight accommodations with a morning meal to transients for compensation. (See Subsection 26-62.5 (Special Requirements for Bed and Breakfast Accommodations)).
Shall mean any structure or portion thereof situated on private
premises on which lettered or pictorial matter is displayed for advertising
purposes other than those signs on a building or its grounds giving
the name and occupation of the user of the premises, the nature of
the business conducted thereon, or the products primarily sold or
manufactured thereon.
Shall mean any structure having a roof supported by columns,
posts, or walls and intended for the shelter, housing or enclosing
of persons, animals or property.
Shall mean a building for civic, social, educational, cultural
and recreational activities of a neighborhood or community not operated
primarily for monetary gain.
Shall mean the square footage or other area measurement by
which a building or structure occupies the land as measured at the
grade line around the foundation.
Shall mean the vertical distance measured from the average
elevation of the finished grade at a point five feet away from the
front of the building to the top of the roof surface for flat and
mansard roofs, and to the vertical midpoint between the base of the
roof and its peak for gable, hip, and gambrel roofs.
Shall mean:
A self-propelled vehicular structure as one unit on a chassis
and designed for temporary living for travel, recreation, vacation
or other short-term use which may contain cooking, sleeping and sanitary
facilities.
An immobile structure containing cooking and sleeping facilities
for travel, recreation, vacation or other short-term use and designed
to be attached to the body of another vehicle for transporting from
one location to another.
A portable vehicular structure, built on a chassis, designed
for camping, the body of which is basically rectangular with a flat
top not more than four feet above the surface of the ground. The camper
is designed to have a temporary tent erected above the four foot level
for camping activities.
Shall mean a parcel of land upon which two or more campsites
are located, established, or maintained for temporary living quarters
for children and/or adults for recreation, education, or vacation
purposes. Campsites shall include land designated to accommodate any
tent or camper. Temporary shall be defined as April 1 to November
1 for this purpose.
Shall mean all parts of the plant Cannabis sativa L., whether
growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are
cultivated and, when applicable, manufactured for use in cannabis
products, but shall not include the weight of any other ingredient
combined with cannabis to prepare topical or oral administrations,
food, drink, or other product. 'Cannabis' does not include:
medical cannabis dispensed to registered qualifying patients pursuant
to N.J.S.A. 24:6I-1 et al. and N.J.S.A. 18A:40-12.22 et al.; marijuana
as defined by N.J.S.A. 2C:35-2; or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to N.J.S.A. 4:28-6
et al.
Shall mean any licensed person or entity that grows, cultivates,
or produces cannabis in this state, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
Shall mean any licensed person or entity that provides courier
services for consumers purchases of cannabis items and related supplies
fulfilled by a cannabis retailer in order to make deliveries of the
cannabis items and related supplies to that consumer, and which services
include the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery License.
Shall mean any licensed person or entity that transports
cannabis in bulk intrastate from one licensed cannabis cultivator
to another licensed cultivator, or transports cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities. This person or entity shall hold
a Class 4 Cannabis Distributor license.
Shall mean any licensed person or entity that processes cannabis
items in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items to other cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 2 Manufacturer
license.
Shall mean any equipment, products, or materials of any kind
that are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, composting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, vaporizing or containing
cannabis or for ingesting, inhaling, or otherwise introducing a cannabis
item into the human body.
Shall mean a product containing usable cannabis, cannabis
extract, or any other cannabis resin and other ingredients intended
for human consumption or use, including a product intended to be applied
to the skin or hair, edible cannabis products, ointments, and tinctures.
Cannabis product does not include: (1) usable cannabis by itself;
or (2) cannabis extract by itself; or (3) any cannabis resin by itself.
Shall mean any licensed person or entity that purchases or
otherwise obtains usable cannabis from cannabis cultivators and cannabis
items from cannabis manufacturers or cannabis wholesalers, and sells
these to consumers from a retail store, and may use a cannabis delivery
services or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service that will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
Shall mean any licensed person or entity that purchases or
otherwise obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
Shall mean an attached or detached accessory building designed
for the storage of motor vehicles and constructed primarily as an
open building with only a roof and the necessary supporting columns
and of an area between the columns not to exceed 300 square feet.
Shall mean a story having more than 25% of its clear height
below the average finished grade.
Shall mean a place where patients are studied or treated
on an out-patient basis by physicians specializing in various ailments
and practicing as a group and where no overnight accommodations are
provided.
Shall mean a development technique based on a gross dwelling
unit density for the entire tract in the zoning district in which
it is located and allowing the lot sizes for detached dwellings to
be reduced or individual segments to have higher densities so long
as the gross density is not exceeded.
Shall mean the Cannabis Regulatory Commission established
pursuant to N.J.S.A. 24:6I-24(31).
Shall mean a parcel or parcels of land or an area of water,
or a combination of land and water, together with the improvements
thereon, and designed and intended for the ownership, use and enjoyment
shared by the residents and owners of the development. Common property
may contain such complimentary structures and improvements as are
necessary and appropriate for the benefit of the residents and owners
of the development.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this Chapter, and upon the issuance of an
authorization therefor by the Planning Board.
Shall mean a designated location operated by a licensed cannabis
retailer or permit holder for dispensing medical cannabis, for which
both a State & local endorsement has been obtained, that is either:
(1) an indoor, structurally enclosed area of the cannabis retailer
or permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
(2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separated from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
Shall mean an institution where the ill or injured may receive
extended care in between post hospital care and complete cure and
where medical, nursing, food and lodging services may be provided
including examination and treatment facilities including x-ray equipment.
Shall mean any part of the territory of the Borough of Woodbine
to which certain uniform regulations and requirements of this Chapter
apply.
Shall mean a building physically detached from other buildings
or portions of buildings which is occupied or intended to be occupied
for residential purposes by one housekeeping unit and which has its
own cooking, sleeping, sanitary, and general living facilities.
See Dwelling, semi-detached.
Shall mean a building containing three or more dwelling units
and occupied or designed for occupancy by three or more families living
independently of each other with their own cooking, sanitary and sleeping
facilities.
See Townhouse.
Shall mean a two-family dwelling with one dwelling unit attached
and located beside the other and separated therefrom by a party or
common wall, whether or not that wall is a fire wall.
Shall mean a building containing one dwelling unit only and
occupied or intended to be occupied exclusively for residential purposes
by one family or one housekeeping unit.
Shall mean a building containing two dwelling units only
and intended for residential occupancy by two families each living
independently of each other and each with its own separate sleeping,
cooking and sanitary facilities.
Shall mean a room or series of connected rooms containing
living, cooking, sleeping and sanitary facilities for one housekeeping
unit. The dwelling unit shall be self-contained and shall not require
the use of outside stairs, common hallways, passing through another
dwelling unit, or other indirect route(s) to get to any portion of
the dwelling unit nor shall there be shared facilities with another
dwelling unit. Attic and/or basement shall not be considered as part
of a dwelling unit or units.
Shall mean a dwelling unit in an apartment house consisting
of one room with additional bath and cooking facilities separated
from such room by a permanent wall and folding or sliding doors respectively.
Shall mean any room wherein special equipment may be installed
for use in the examination or treatment of a patient as distinguished
from a waiting room, counseling room or offices of such practitioner.
Shall mean:
Principal Uses: A lot at least five acres with 300 feet of lot
frontage used for the growing and harvesting of crops and the raising
and breeding of certain animals, including truck farms, fruit farms,
nurseries and greenhouses, dairies and livestock produce.
Accessory Uses: Buildings incidental to farms such as: tenant
houses and greenhouses; buildings for housing seasonal workers for
the farm's own use; barns, packing, grading and storage buildings;
buildings for keeping of poultry permitted livestock; and garages
for the keeping of equipment and trucks used in farm operations.
Shall mean any right-of-way on private property to permit
access by emergency vehicles. Fire lanes shall be kept open and clear
of all vehicles or other objects.
Shall mean first floor area shall be measured by using the
outside dimensions of the residential portion of a building excluding
the area of an attached garage. For a split level or tri-level dwelling,
the area shall be considered to be the sum of the areas of two adjoining
levels, excluding cellars and garages.
Shall mean a flag lot subdivision consists of two lots (one new lot and the remaining parcel). One lot must meet the necessary frontage and area requirements specified for the district requirements with the exception of frontage which shall not be less than 50 feet on an existing street. (See Subsection 26-75.5 (Flag Lot Subdivision)).
Shall mean the generally flat terrain adjacent to streams,
ponds, lakes, and swamps as shown on the adopted Official Map, Master
Plan or this Chapter.
Shall mean the right-of-way of a street as shown on the adopted
Master Plan, or 50 feet, whichever is greater.
Shall mean a detached accessory building or portion of main
building for the parking or temporary storage of automobile of the
occupants of the main building to which the garage is accessory, and
wherein not more than one space is either rented to persons not residents
of the lot or used for not more than one commercial vehicle not to
exceed two tons in net weight.
Shall mean multi-family dwellings adhering to the standards in Subsection 26-23.10 (Multi-family Housing) and not exceeding 35 feet in height.
Shall mean an area of 50 or more contiguous areas containing
a full-size, professional golf course at least nine holes in length,
not less than three per each, together with the necessary accessory
uses and structures such as club houses, dining and refreshment facilities,
providing the operation of such are incidental and subordinate to
the operation of the golf course.
Shall mean gross floor area shall be measured by using the
outside dimensions of the building, excluding the area of an attached
garage, open porch or patio and further excluding the area used as
a basement. Only those floor areas which have a ceiling height of
seven feet or more shall be eligible for inclusion in the gross floor
area. The gross floor area of an apartment dwelling unit shall be
measured from the center of interior walls and the outside of exterior
walls and shall include closets, bathrooms and hallways within the
dwelling unit in addition to the area of all other rooms within the
dwelling unit.
Shall mean the floor area within a residential structure
to be used for habitation excluding cellars, attics, utility (heating
and cooling) rooms and garages and open porches and, in apartment
houses, excluding common hallways.
See Building, height of.
Shall mean an occupation for gain or support conducted only
by members of a family owning and residing in a one-family dwelling
unit plus not more than one person not a resident of the dwelling
unit provided that the resident-owner of the dwelling unit is an on-site
operator of the occupation; that the residential character of the
building is not changed; that the occupation is conducted entirely
within the dwelling in either the first floor or the basement, but
not both; that not more than the equivalent of 50% of the first floor
area of the dwelling unit is used for the occupational or related
use; that no sounds are audible outside the building; that no display
is visible from outside the building; that no article is sold or offered
for sale on the premises; that adequate off street parking is provided
and provided further that no machinery or equipment is used, which
will cause electrical or other interference with radio and television
reception in neighboring residences.
Shall mean an incorporated, nonprofit organization operating
in a cluster or planned development under recorded land agreements
through which (a) each lot owner is automatically a member; (b) each
occupied unit is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the Borough; and (c) each owner and tenant has the right to use the
common property.
Shall mean an institution where the ill or injured may receive
medical, surgical or psychiatric treatment, nursing, food and lodging
during illness.
Shall mean a building which (a) contains guest rooms, each
having its only access from a central interior corridor which are
designed or intended to be used, let, or hired out for compensation;
(b) contains a public lobby serving the guest rooms; (c) may contain
one or more dining rooms; and (d) has full-time on-site management.
Shall mean any area of land with or without buildings, regardless
of size, devoted to the storage, keeping or abandonment of junk or
debris, including by way of illustration but not of limitation: abandoned
automobile tires, automobile parts, paper, rags, metal, glass, or
plastic containers, old household appliances, wood, lumber, brush
and any stumps or other debris of any material whatsoever.
Shall mean a license issued under N.J.S.A. 24:6I-1 et al,
including a license that is designated as either a Class 1 Cannabis
Cultivator license, a Class 2 Cannabis Manufacturer license, a Class
3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license,
a Class 5 Retailer license, or a Class 6 Cannabis Delivery license.
Shall mean an off-street space or berth on the same lot with
a building, or group of buildings, for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
Shall mean a tract or parcel of land, abutting a street,
whose area is sufficient to provide the yard spaces required in this
Chapter, and conforming to minimum area requirements of this Chapter.
Shall mean the area contained within the lot lines of a lot
but shall not include any portion of a street.
Shall mean the horizontal distance between the front and
rear lot lines, measured from the midpoint of the front lot line to
the midpoint of the rear lot line.
Shall mean any line forming a portion of the exterior boundary
of a lot.
Shall mean the horizontal distance between the side lot lines
measured along the front setback line.
Shall mean a lot on the junction of and abutting on (two)
or more intersecting streets where the interior angle of intersection
does not exceed 135°.
Shall mean a lot other than a corner lot.
Shall mean cannabis dispensed to registered qualifying patients
pursuant to N.J.S.A. 24:6I-1 et al. and N.J.S.A. 18A:40-12.22 et al.
Medical cannabis does not include any adult use cannabis or cannabis
item that is cultivated, produced, processed, and consumed.
Shall mean an organization issued a permit, including a conditional
permit, by the Cannabis Regulatory Commission to operate as a medical
cannabis cultivator, medical cannabis manufacturer, medical cannabis
dispensary, or clinical registrant.
Shall mean an entity that has a written contractual relationship
with an academic medical center in the region in which it has its
principal place of business, which includes provisions whereby the
parties will engage in clinical research related to the use of medical
cannabis and the academic medical center or its affiliate will provide
advice to the entity regarding patient health and safety, medical
applications, and dispensing and managing controlled dangerous substances,
among other areas.
Shall mean an organization holding a permit issued by the
Cannabis Regulatory Commission that authorizes the organization to:
possess and cultivate cannabis and deliver, transfer, transport, distribute,
supply, and sell medical cannabis and related supplies to other medical
cannabis cultivators and to medical cannabis manufacturers, clinical
registrants, and medical cannabis dispensaries, as well as to plant,
cultivate, grow, and harvest medical cannabis for research purposes.
A medical cannabis cultivator permit shall not authorize the permit
holder to manufacture, produce, or otherwise create medical cannabis
products, or to deliver, transfer, transport, distribute, supply,
sell or dispense medical cannabis, medical cannabis products, paraphernalia,
or related supplies to qualifying patients, designated caregivers,
or institutional caregivers.
Shall mean an organization issued a permit by the commission
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and purchase or obtain medical cannabis
related supplies from medical cannabis manufacturers; purchase or
obtain medical cannabis, medical cannabis products, and related supplies
and paraphernalia from other medical cannabis dispensaries and from
clinical registrants; deliver, transfer, transport, distribute, supply,
and sell medical cannabis and medical cannabis products to other medical
cannabis dispensaries; furnish medical cannabis, including medical
cannabis products, to a medical cannabis handler for delivery to a
registered qualifying patient, designated caregiver, or institutional
caregiver consistent with N.J.S.A. 24:6I-20(27)(i); an possess, display,
deliver, transfer, transport, distribute, supply, sell, and dispense
medical cannabis, medical cannabis products, paraphernalia, an related
supplies to qualifying patients, designated caregivers, and institutional
caregivers; A medical cannabis dispensary permit shall not authorize
the permit holder to cultivate medical cannabis, to produce, manufacture,
or otherwise create medical cannabis products.
Shall mean an organization issued a permit by the Cannabis
Regulatory Commission that authorizes the organization to: purchase
or obtain medical cannabis and related supplies from a medical cannabis
cultivator or a clinical registrant; purchase or obtain medical cannabis
products from another medical cannabis manufacturer or a clinical
registrant; produce, manufacture, or otherwise create medical cannabis
products; and possess, deliver, transfer, transport, distribute, supply,
and sell medical cannabis products and related supplies to other medical
cannabis manufacturers and to medical cannabis dispensaries and clinical
registrants. A medical cannabis manufacturer permit shall not authorize
the permit holder to cultivate medical cannabis or to deliver, transfer,
transport, distribute, supply, sell, or dispense medical cannabis,
medical cannabis products, paraphernalia, or related supplies to registered
qualifying patients, designated caregivers, or institutional caregivers.
Shall mean an extractive process involving the removal of
organic or mineral materials.
Shall mean a dwelling unit manufactured in one or more sections
designed for long term occupancy; containing sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems; and designed to be transported after fabrication on its own
wheels, or on flatbed or other trailers; arriving at the site where
it is to be occupied as a dwelling complete, including major appliances
and furniture, and ready for occupancy except for minor and incidental
unpacking and assembly operations. For purposes of this Chapter, travel
trailers are not considered as mobile homes.
Shall mean a building or group of buildings which (a) provides
for transient guest rooms with outside entrances; (b) has a public
lobby; and (c) may contain one or more dining rooms.
See Dwelling.
Shall mean a building, existing at the date of the passage
of this Chapter, which in its design or location upon a lot does not
conform to the regulations of this Chapter for the zoning district
in which it is located.
Shall mean a lot of record, existing at the date of the passage
of this Chapter, which does not have the minimum frontage, depth,
or contain the minimum area for the zoning district in which it is
located.
Shall mean a use which lawfully occupied a building or land at the time of enactment of this Chapter and which does not conform with the use regulations of the district in which it is located according to this Chapter. (See Section 26-24 (Nonconforming Uses, Building or Lots))
Shall mean any practice which annoys, disturbs or interferes
with one in the possession and enjoyment of his property, rendering
its reasonable use or occupation physically uncomfortable, e.g.: excessive
noise, noxious odors, electronic radiations, vibrations, smoke discharge,
glare, improper drainage, etc.
Shall mean a structure designed and used for the housing
and care of persons afflicted by illness or infirmity, before or following
hospitalization, especially the care of elderly, infirm or handicapped
persons in which surgical facilities are not provided, but where examination
and treatment rooms including x-ray facilities may be provided.
Shall mean a dwelling unit in an apartment containing not
more than one room designed, intended and devoted to sleeping purposes.
Shall mean an area, the width and length meeting requirements
of this Chapter, depending on access aisle widths, either within a
structure or in the open, exclusive of driveways or access drives,
for the parking of a motor vehicle except that nothing shall prohibit
private driveways for one- and two-family dwellings from being considered
off-street parking areas provided that no portion of such driveway
within the right-of-way line of the street intersected by such driveway
shall be considered off-street parking space. A parking space is intended
to be of sufficient area to accommodate the exterior extremities of
the vehicle, whether in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. A parking space shall be a minimum of 10 feet wide
and 20 feet in depth, measured perpendicular to each other regardless
of the angle of the parking space to the access aisle or driveway.
Shall mean a permit issued under N.J.S.A. 24:6I-1 et al,
that is designated as either a medical cannabis alternative treatment
center permit, a medical cannabis cultivator permit, a medical cannabis
manufacturer permit, a medical cannabis dispensary permit, or a medical
cannabis clinical registrant permit.
Shall mean any use of the land or building as permitted by
this Chapter.
Shall mean portable pools shall not be subject to the requirements of Section 26-63 (Swimming Pools) and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches of water depth; and do not exceed a water surface area of 40 square feet.
Shall mean and include artificially constructed swimming
pools or tanks, plastic or otherwise, permanently established or maintained
upon any premises by any individual for his own or his family's
use or guests of his household.
Shall mean and include either outdoor or indoor pools which
are artificially constructed to provide recreational facilities for
swimming, bathing, or wading.
Shall mean to include the following areas of a location licensed
under N.J.S.A. 24:6I-1 et al.: all public and private enclosed area
at the location that are used in the business operated at the location,
including offices, kitchens, restrooms, and storerooms; all area outside
the building that the Cannabis Regulatory Commission has specifically
licensed for the production, manufacturing, wholesaling, distribution,
retail sale, or delivery of cannabis items; and, for a location that
the commission has specifically licensed for the production of cannabis
outside a building, the entire lot or parcel that the licensee owns,
leases, or has a right to occupy.
Shall mean the offices of a dentist, physician, attorney
or clergyman. Where such offices are part of a structure where there
is a residence or residences, the restrictions as outlined under Home
occupation shall apply.
Shall mean any place to which the public has access that
is not privately owned; or any place to which the public has access
where alcohol consumption is not allowed, including, but not limited
to, a public street, road, thoroughfare, sidewalk, bridge, alley,
plaza, park playground, swimming pool, shopping area, public transportation
facility, vehicle used for public transportation, parking lot, public
library or any other public building, structure, or area.
Shall mean the use of land or buildings by the Governing
Body of the Borough or any officially created authority or agency
thereof.
See Usable recreation space.
Shall mean the growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the properties and not for commercial purposes. (See Subsection 26-23.8 (Residential Agriculture))
Shall mean a structure within which elderly, infirm, or ill
persons may receive care in addition to meals and lodging for hire.
Shall mean any establishment, however designated, at which
food is sold for consumption on the premises excluding however, a
snack bar or refreshment stand at a public or community swimming pool,
playground, playfield, or park, operated in conjunction with and incidental
to such recreational facility for the sole convenience of patrons
of the facility.
Shall mean a restaurant at which any food or refreshments
are customarily served to or consumed by any patrons seated in automobiles
or otherwise off the premises whether or not, in addition thereto,
seats or other accommodations are provided for patrons.
Shall mean the land and space required on the surface, subsurface,
and overhead for the construction and installation of materials, necessary
to provide passageway for vehicular traffic, pedestrian, utility lines,
poles, conduits, and mains, signs, hydrants, trees, trees and shrubbery
and the proper amount of light and air established by local authorities.
(See Fire lane.)
Shall mean land and building designed and used for the sale
of fuel, lubricants, and automotive accessories and for providing
maintenance and minor repairs for motor vehicles, but not including
body repairs or, under any circumstances, the storage of inoperable
or wrecked vehicles.
Shall mean a line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards, except as provided in Subsection 26-75.3 (Corner Lots).
Shall mean one or more buildings or parts thereof, to be
occupied and used by more than one enterprise for the conduct of business
as an integrated and comprehensively planned area.
For the purpose of this Chapter the terms "signs" or "advertising
structure" shall mean and include every sign, billboard, group sign,
roof sign painted or printed on the exterior surface of a building
or structure, illuminated sign, temporary sign, awning, banner and
canopy, and shall include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person or persons when the same is placed outdoors
in view of the general public.
Shall mean the examination of the specific development plans
for a lot including all pertinent data required in this Chapter. Whenever
the term site plan approval is used in this Chapter, it shall be understood
to mean a requirement that the site plan be reviewed and approved
by the Planning Board.
Shall mean a wind energy system as defined herein that is
used to generate electricity and has a nameplate capacity of 100 kilowatts
or less.
Shall mean a solar energy system and all associated equipment,
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 a usable electrical energy,
heats water or produces hot air or other similar function through
the use of solar panels.
Shall mean a structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system.
Shall mean that part of any building included between the
level of one finished floor and the level of the next higher finished
floor, or if there is no higher finished floor, then that part of
the building comprised between the level of the highest finished floor
and the highest point of the roof. The first story of any building
shall be where more than 75% of the story is above the finished grade
along the front of the building.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley, or other way which is an existing State, County or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Planning Act (R.S. 40:55-1.1, et seq., as amended) or
a street or way on a plat duly filed and recorded in the office of
the Clerk of the County of Cape May prior to the appointment of a
Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines.
Shall mean the dividing line between the street right-of-way
and a lot line.
Shall mean any change in the structural members of a building
such as walls, columns, beams or girders.
Shall mean anything constructed or erected, which requires
permanent location on the ground or attachment to something having
such permanent location.
See Pool.
Shall mean in relation to a wind energy system, the vertical
distance from the ground to the tip of a wind generator blade when
the tip is at its highest point.
Shall mean a monopole, freestanding, or guyed structure that
supports a wind generator.
Shall mean a one single-family unit in a line of three or
more connected dwellings whether or not each dwelling unit is separated
by a fire wall or whether it is a line of connected semi-detached
units. Each single-family unit may have one or two stories, but nothing
in this definition shall be construed to allow one dwelling unit over
the other. Each townhouse shall have a front and rear entrance on
the ground floor.
Shall mean a dwelling unit in an apartment containing not
more than two rooms designed, intended and devoted to sleeping purposes.
Shall mean open space developed and designed to be utilized
for the purpose of recreation whether it be park land, ball fields,
or playgrounds.
Shall mean the specific purpose for which a parcel of land
or a building or a portion of either is used.
Shall mean any place outdoors where two or more used motor
vehicles in operating condition are displayed or offered for sale.
Shall mean a departure from the terms of this Chapter authorized
by the Board of Adjustment or the Governing Body, as the case may
be, in accordance with State Statutes.
Shall mean a wind turbine and all associated equipment, including
any base, blade, foundation, nacelle, color, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Shall mean equipment that convert energy from the wind into
electricity. This term includes the rotor, blades and associated mechanical
and electrical conversion components necessary to generate, store
and/or transfer energy.
Shall mean an open space, extending across the full width
of the lot and lying between the street line and the building setback
line. (The depth of the front yard shall be measured horizontally
at right angles from the street line, or radially on a curved street,
to the building.)
Shall mean an open space, extending the full width of the
lot between the main building and the rear lot line. (The depth of
the required rear yard shall be measured horizontally from the nearest
part of the main building toward the nearest point of the rear line.)
Shall mean an open space, extending from the front yard to
the rear yard between the main building and each side lot line. (The
width of the required side yard shall be measured from the nearest
point on the side lot line toward the nearest part of the main building.)
[Added 6-16-2022 by Ord.
No. 606-2022]
The following terms utilized in this Chapter are in addition to the definitions in Subsection 26-2.1 (General Definitions) and shall apply only to the Pinelands Area of the Borough of Woodbine. In the event of a conflict between a definition of Borough-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.
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 production facilities such as a farm itself, nor facilities which are solely processing facilities. Agricultural commercial establishments may include seasonal fruit and vegetable stands as defined within the definition of Residential agriculture in Subsection 26-2.1 (General Definitions) and Section 26-23.8 (Residential Agriculture).
Shall mean any production of plants or animals useful to
any man, including but not limited to: forages or sod crops; grains
and feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats, and including the breeding and grazing of
any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables; nursery, floral, ornamental and greenhouse
products; or any land devoted to and meeting the requirements and
qualifications for payments or other compensation pursuant to a soil
conservation program under an agency of the Federal Government.
Shall mean an establishment, the primary purpose of which
is the sale of goods, commodities, or service that supports active
farm operations.
Shall mean an individual or community on-site wastewater
treatment system that has the capability of providing a high level
of treatment including a significant reduction in the level of total
nitrogen in the wastewater and that has been approved by the Pinelands
Commission for participation in the alternate design wastewater treatment
systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed
plans and specifications for each authorized technology are available
at the principal office of the Pinelands Commission.
Shall mean those animals specified in N.J.A.C. 7:50-6:32.
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 the establishment of tree cover through direct
or supplemental seeding or planting.
Shall mean a silvicultural practice involving the preparation
of land before planting in the form of small mounds so as to concentrate
topsoil and elevate the root zone of seedlings above temporary standing
water.
Shall mean a silvicultural practice involving the dragging
of cut trees or other objects across a parcel to remove or reduce
aboveground shrub cover, debris, leaf litter and humus without disturbance
to mineral soil horizons and associated roots.
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 a certificate issued by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.34 that a complete application for major
development has been filed.
Shall mean a silvicultural practice involving removal of
an entire forest stand in one cutting for purposes of regeneration
either obtained artificially, by natural seed or from advanced regeneration.
Clearcutting typically results in the removal of all woody vegetation
from a parcel in preparation for the establishment of new trees; however,
some trees may be left on the parcel.
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
Shall mean the plan adopted by the Commission pursuant to
Section 7 of the Pinelands Protection Act as amended.
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 a silvicultural practice involving the production
of forest stands from vegetative sprouting by the trees that are harvested
(stump sprouts, root suckers, and naturally rooted layers). Coppicing
typically involves short rotations with dense stands of short trees.
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 or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction, drilling, or excavation
on a parcel of land;
Commencement of forestry activities;
Demolition of a structure or removal of trees.
Shall mean any approval granted by an approval agency, including
appeals to the Governing Body, except certificates of occupancy and
variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval.
Shall mean any division of land into five or more lots; any
construction or expansion of any housing development of five or more
dwelling units; any construction or expansion of any commercial or
industrial use or structure on a site of more than three acres; or
any grading, clearing or disturbance of an area in excess of 5,000
square feet.
Shall mean all development other than major development.
Shall mean a silvicultural practice involving the drawing
of one or more heavy, round, concave, sharpened, freely rotating steel
disks across a site for the purposes of cutting through soil and roots
or cutting and turning a furrow over an area.
Shall mean the removal of surface or groundwater from land
by drains, grading, or other means including control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
Shall mean a silvicultural practice involving the drawing
of a large cylindrical drum with cutting blades mounted parallel to
its axis across a site to break up slash, crush scrubby vegetation
prior to burning or planting or to chop up and disturb the organic
turf and roots in the upper foot of soil.
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 the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean one or more persons related by blood, marriage,
adoption or guardianship, or any number of persons not so related
occupying a dwelling unit and living as a single-housekeeping unit.
Shall mean the changing of the characteristics and interactions
of fish and wildlife population and their habitats in order to promote,
protect and enhance the ecological integrity of those populations.
Shall mean a uniform group of trees of similar species, composition,
size, age and similar forest structure.
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
regenerations, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this Chapter, the following activities shall not be
defined as forestry:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this Chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
Shall mean a silvicultural practice whereby a group of trees
is periodically selected to be removed from a large area so that age
and size classes of the reproduction are mixed.
Shall mean the natural environment of an individual animal
or plant, population or community.
Shall mean the vertical distance of a building 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. For structures, the vertical distance
measures from grade to its highest point.
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 those persons related by blood or legal relationship
in the following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
Shall mean any surface which does not permit fluids to pass
through or penetrate its pores or spaces, typically having a maximum
permeability for water of 10-7 cm/second
at the maximum anticipated hydrostatic pressure. The term "impermeable"
is equivalent in meaning.
Shall mean any surface that has been compacted or covered
with a layer of material so that it prevents, impedes or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
Shall mean a silvicultural practice whereby single trees
are periodically selected to be removed from a large area so that
age and size classes of the reproduction are mixed.
Shall mean any land used for the following public or private
purposes: educational facilities, including universities, colleges,
elementary and secondary and vocational schools, kindergartens and
nurseries; cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including medical outpatient care facilities, medical laboratories,
and health spas, rest homes, convalescent homes, nursing homes, supervised
residential institutions, rehabilitation therapy centers and public
health facilities; law enforcement facilities; military facilities;
churches; cemeteries; public office buildings and other similar facilities.
Shall mean any person whose right to use, acquire or enjoy
property is or may be affected by any action taken under this Chapter
or whose right to use, acquire or enjoy property under this Chapter
or under any other law of this State or of the United States has been
denied, violated or infringed upon by an action or failure to act
under this Chapter.
Shall mean the regulations adopted by the Pinelands Commission
pursuant to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
Shall mean and 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 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 the establishment of a plant or plant age class
from natural seeding, sprouting, suckering or layering.
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 or more
lots, that is capable of being described with such definiteness that
its location and boundaries may be established.
Shall mean the rate at which water moves through a unit area
of soil, rock, or other material at hydraulic gradient of one.
Shall mean an individual, corporation, public agency, business
trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
Shall mean the Pinelands National Reserve and the Pinelands
area.
Shall mean that area of the Borough of Woodbine designated
as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands
Protection Act (N.J.S.A. 13:18A-1, et seq.) being that portion of
the Borough lying west of Dennisville-Petersburg Road.
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.
See N.J.A.C. 7:50-6.43.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean any use which is based on resources which are
indigenous to the Pinelands including but not limited to forest products,
berry agriculture and sand, gravel, clay or ilmenite.
Shall mean a Pinelands plant species whose survival worldwide,
nationwide, or in the State is in jeopardy.
Shall mean all lands within the Pinelands area which is not
included in the preservation area.
Shall mean development by any Federal, State, municipal or
other governmental agency.
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 the management program which employs the most
efficient use of available technology, natural, human and economic
resources.
Shall mean the largest tree of a particular species in New
Jersey based on its circumference at 4.5 feet above ground level.
A listing of the largest known tree of each species and its location
is maintained at the principal office of the Commission.
Shall mean any recreational facility which is not a low intensive
recreational facility, including but not limited to golf courses,
marinas, amusement parks, hotels and motels.
Shall mean a facility or area which complies with the standards
of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural
environment of the Pinelands and requires no significant modifications
of that environment other than to provide access, and which has an
insignificant impact on surrounding uses or on the environmental integrity
of the area. It permits such low intensity uses as hiking, hunting,
trapping, fishing, canoeing, nature study, orienteering, horseback
riding and bicycling.
Shall mean the dredging, digging, extraction, mining and
quarrying of sand, gravel, clay or ilmenite for commercial purposes,
not including, however, the private or agricultural extraction and
use of extracted material by a landowner.
Shall mean a plan, prepared in accordance with the United
States Department of Agriculture, Natural Resources Conservation Service
New Jersey Field Office Technical Guide, dated June 2005. Such plans
shall prescribe needed land treatment and related conservation and
natural resources management measures, including forest management
practices, for the conservation, protection and development of natural
resources, the maintenance and enhancement of agricultural or horticultural
productivity, and the control and prevention of non-point source pollution;
and establish criteria for resource sustainability of soil, water,
air, plants and animals.
Shall mean a silvicultural practice involving the drawing
of a set of tines, mounted on the front or trailed behind a tractor,
over an area to thoroughly disturb tree and vegetation roots and/or
to collect stumps and slash.
Shall mean the level below the natural ground surface to
which water seasonally rises in the soil in most years.
Shall mean a silvicultural practice involving the removal
of old forest stand in one cutting, except for a small number of trees
left singly, in small groups or narrow strips, as a source of seed
for natural regeneration.
Shall mean a silvicultural practice involving the establishment
of a new, essentially even-aged forest stand from release, typically
in a series of cuttings, of new trees started under the old forest
stand. A shelterwood cut involves the establishment of the new forest
stand before the old forest stand is removed.
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 any change in either the supporting members of
a building, such as bearing walls, columns, beams and girders, or
in the dimensions or configurations of the roof or exterior walls.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this Chapter, if no new streets are created:
(1) divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size, (2)
divisions of property by testamentary or intestate provisions, (3)
divisions of property upon court order, including but not limited
to judgments of foreclosure, (4) consolidation of existing lots by
deed or other recorded instrument and (5) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
Administrative Officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the tax map or atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision."
Shall mean those lands which are inundated with water throughout
the year.
Shall mean a silvicultural practice involving the removal
of competing trees to favor certain species, sizes and qualities of
trees.
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 the National Cooperative
Soils Survey of the Soil Conservation Service of the United States
Department of Agriculture, and further defined in N.J.A.C. 7:50-6.3
through 7:50-6.5.
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.
[Added 6-16-2022 by Ord.
No. 606-2022]
For the purpose of this Chapter, the Borough of Woodbine is
hereby divided into use districts as follows:
|
Symbol
|
Zoning District
|
|---|---|
|
AA
|
Airport Airside
|
|
AB
|
Airport Business
|
|
ARR
|
Agriculture Rural Residential
|
|
DLIM
|
DeHirsch Light Industrial Manufacturing
|
|
FAR
|
Forest Agriculture Residential
|
|
INST
|
Institutional
|
|
LIM
|
Light Industrial Manufacturing
|
|
R1
|
Residential Moderate Density
|
|
R2
|
Residential High Density
|
|
RD
|
Redevelopment
|
|
TC
|
Town Commercial
|
[Added 6-16-2022 by Ord.
No. 606-2022]
The boundaries of these districts are hereby established as
shown on the map entitled "Borough of Woodbine Zoning Map," dated
May 9, 2022.
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Added 6-16-2022 by Ord.
No. 606-2022]
District boundary lines are intended to follow street center
lines, watercourses and lot or property lines as they exist at the
time of enactment of this Chapter unless otherwise indicated by dimensions
of the Zoning Map. The exact location of any disputed district boundary
line shall be determined by the Board of Adjustment.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Zoning Map, the following
rules shall apply:
a.
Where district boundaries are indicated as approximately following
lot lines, the center line of streets or highways, highway right-of-way
lines, or railroad center lines, such lot lines, center lines or highway
right-of-way lines shall be constructed to be such boundaries.
b.
Where district boundaries are so indicated that they are approximately
parallel to the center line of streets or highways, such district
boundaries shall be construed as being parallel thereto and at such
distance therefrom as indicated on the Zoning Map. If no distance
is given, such dimension shall be determined by the use of the scale
shown on the Zoning Map.
c.
Where the boundary line of a district follows a stream, lake or other
body of water, the boundary line shall be deemed to be the limit of
the jurisdiction of the Borough, unless otherwise indicated.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where a district boundary line divides a lot other than by following
a stream or street, which lot is single ownership at the time of the
adoption of this Chapter or any district change, any use permitted
in either district may be extended not more than 50 feet into the
adjacent district, or to the boundary line of the divided lot, whichever
is the lesser. A use permitted in the district so extended shall thereafter
be a permitted use in the extended area. A property owner, however,
shall be permitted only one election, after which the lot use shall
be governed by the regulations of the district to which the portion
of the lot shall have been annexed by such extension.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where a vacated street is bounded on either side by different
districts, the former center line of the vacated right-of-way shall
be considered the new district line.
[Added 6-16-2022 by Ord.
No. 606-2022]
No building shall hereafter be erected, altered, converted,
reduced or enlarged, wholly or in part, except in conformity with
this Chapter.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where a lot is formed from part of a lot already occupied by
a building, such subdivision shall be affected in such a manner as
not to impair any of the requirements of this Chapter or any resulting
lot and so that all resulting lots have the required frontage along
a public street.
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Forest Agriculture Residential (FAR) Zoning
District is to preserve and maintain the essential character of the
district and to encourage an appropriate pattern of development by
maintaining very low-density development, consistent with the Pinelands
Protection Act and the New Jersey Pinelands Comprehensive Management
Plan.
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Single-family dwellings, provided that clustering of the permitted dwellings shall be required in accordance with Section 26-22A (Cluster Single-Family Residential Development in the FAR and ARR Zoning Districts) whenever two or more units are proposed as part of a residential development.
2.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impermeable
surfaces.
3.
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or
satellite development in the Forest Area District;
(b)
The application has demonstrated that adequate public service
infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the FAR
District in which the use is to be located.
4.
Agriculture.
5.
Farming and raising livestock.
6.
Forestry.
b.
Accessory Uses and Buildings Permitted.
5.
Private residential swimming pools in rear yard areas of single-family lots provided they adhere to the standards established in Subsection 26-63.1 (Private Residential Pools).
6.
See Sections 26-21 (General Provisions - All Districts and Uses) and 26-75 (Exceptions and Modifications).
8.
Housing facilities for transient and migratory farm workers located
on the farm of an employing farmer, provided that such housing facilities
shall be occupied only during those periods when workers are engaged
in agricultural pursuits and provided further that nothing in this
section shall be deemed to permit the establishment of housing facilities
for transient labor not engaged in activities of an agricultural nature.
All housing facilities used by migrant labor shall comply with the
New Jersey Migrant Labor Code administered by the Migrant Labor Bureau
of the New Jersey Department of Labor and Industry.
9.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
10.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
11.
Trash enclosure for solid waste and recyclables.
12.
Accessory uses customarily incidental to a principal use.
d.
Area and Yard Requirements.
1.
Single-family dwellings in an FAR District shall have a minimum lot
width of 200 feet at the street line and a minimum lot area of 20
acres. Every principal building shall be provided with two side yards
totaling 50 feet in width, the minimum width of any side yard being
not less than 20 feet including the side yards of corner lots and
seventy-five-foot minimum front and rear yards. The yard requirements
above shall be increased by 50% for two-family dwellings.
2.
No principal building shall be closer than 60 feet to the rear lot
line, nor closer than 50 feet to the street line, except as otherwise
provided herein.
3.
See Sections 26-22A (Cluster Single-Family Residential in the FAR and ARR Zoning Districts), 26-75 (Exceptions and Modifications).
4.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FAR District shall be less than that needed to meet the water quality standards of Subsection 26-43.7 (Water Quality) whether or not the lot may be served by a centralized sewer treatment or collection system pursuant to Subsection 26-43.7a2, provided, however, that no such structure shall be located on a parcel of less than one acre. The requirements of this section shall not apply to a nonresidential use to be served by an individual on-site septic waste water treatment system in accordance with N.J.A.C. 7:50-6.84(a)5iii(2).
g.
Signs.
1.
One lighted residence sign not to exceed one square foot, attached
to the building or in the yard area.
2.
One lighted or unlighted professional office sign not to exceed two
square feet in area which may be attached to the front of the building,
or placed in the yard area.
3.
One unlighted real estate sign not over six square feet in area advertising
the sale, lease or rental of the building or lot on which the sign
is located.
4.
One lighted or unlighted sign for each hospital, school, church,
library, museum, government building, community center, institutional-use
or public recreation building naming such building, either affixed
flat to the building or erected in the yard space, provided such sign
does not exceed 20 square feet in area.
5.
All signs permitted in this district shall be set back a minimum
of 12 feet from any street line when not attached flat to the front
of the building, except for residence signs which shall be set back
a minimum of five feet.
6.
Street number designations shall be required and shall not be considered
part of the total sign area permitted.
h.
Conditional Uses.
1.
Residential dwelling units on lots of 3.2 acres, in accordance with Subsection 26-75.8a (Cultural Housing).
3.
Pinelands resource-related industrial or manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products,
provided that:
4.
Campgrounds, not to exceed one campsite per gross acre, provided
that the campsites may be clustered at a net density not to exceed
10 campsites per acre in accordance with the standards in Chapter
XIII (Campgrounds).
6.
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of
at least 50 feet.
(b)
No portion of any structure proposed for development will be
more than 300 feet, measured along a line parallel to the roadway,
from the closest part of a roadside retail sales and service establishment
structure that was in existence on February 7, 1979, and
(c)
The proposed use will not unduly burden public services, including
but not limited to, water, sewer and roads.
7.
Fish and wildlife management and wetlands management.
i.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Agriculture Rural Residential (ARR) Zoning
District is to preserve the existing rural agricultural characteristic
of Woodbine within the Pinelands Rural Development Area by maintaining
low density development.
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Single-family dwellings, provided that clustering of the permitted dwellings shall be required in accordance with Section 26-22A (Cluster Single-Family Residential in the FAR and ARR Zoning Districts) whenever two or more units are proposed.
2.
Hospitals, churches, parish houses, rectories and public and parochial
schools, colleges, and private schools for academic instruction (five
acre minimum).
3.
Rest homes, convalescent homes, and nursing homes (five acre minimum).
4.
Public parks and playgrounds, libraries, museums, water tanks and
public recreational, forest and game preserves, open space, and community
center buildings and public grounds with public swimming pools provided
they adhere to the standards in Subsection 26.63.2 (All Other Swimming
Pools).
5.
Government buildings and institutions (five acre minimum).
6.
Farming and raising livestock.
7.
Public purposes uses.
8.
Golf courses.
9.
Agricultural commercial establishments.
b.
Accessory Uses and Buildings Permitted.
5.
Private residential swimming pools in rear yard areas of single-family lots provided they adhere to the standards established in Subsection 26-63.1 (Private Residential Swimming Pools).
6.
See Sections 26-21 (General Provisions - All Districts and Uses) and 26-75 (Exceptions and Modifications).
8.
Housing facilities for transient and migratory farm workers located
on the farm of an employing farmer, provided that such housing facilities
shall be occupied only during those periods when workers are engaged
in agricultural pursuits and provided further that nothing in this
section shall be deemed to permit the establishment of housing facilities
for transient labor not engaged in activities of an agricultural nature.
All housing facilities used by migrant labor shall comply with the
New Jersey Migrant Labor Code administered by the Migrant Labor Bureau
of the New Jersey Department of Labor and Industry.
9.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
10.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
11.
Trash enclosure for solid waste and recyclables.
12.
Accessory uses customarily incidental to a principal use.
c.
Height Limits. No building or structure in the ARR Zoning District shall exceed 35 feet in height except that churches and hospitals shall not exceed 60 feet except further as provided in Section 26-75 (Exceptions and Modifications).
d.
Area and Yard Requirements.
1.
Single-family dwellings, rectories and parish houses in an ARR Zoning
District shall have a minimum lot width of 200 feet at the street
line and a minimum lot area of five acres. Every principal building
shall be provided with two side yards totaling 50 feet in width, the
minimum width of any one side yard being not less than 20 feet including
the side yards of corner lots and seventy-five-foot minimum front
and rear yards. The front yard requirement shall be 200 feet.
2.
No hospital, school, church, college building, nursing home, rest
home, convalescent home, library, museum, and community center or
public recreational building shall be closer to any street line than
60 feet. Every principal building shall be on a lot with a minimum
width of 150 feet at the street line and a minimum lot area of five
acres. Every principal building shall be provided with two side yards
totaling 75 feet in width, the minimum width of any one side yard
being no less than 30 feet.
3.
No principal building shall be closer than 60 feet to the rear lot
line or closer than 200 feet to the street line, except as otherwise
provided in this section.
4.
See Sections 26-22A (Cluster Single-Family Residential in the FAR and ARR Zoning Districts) and 26-75 (Exceptions and Modifications).
5.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the ARR Zoning District shall be less than that needed to meet the water quality standards of Subsection 26-43.7 (Water Quality), whether or not the lot may be served by a centralized sewer treatment or collection system pursuant to Subsection 26-43.7a2, provided, however, that no such structure shall be located on a parcel of less than one acre. The requirements of this section shall not apply to a nonresidential use to be served by an individual on-site septic waste water treatment system in accordance with N.J.A.C. 7:50-6.84(a)5iii(2).
e.
Gross Minimum Residential Floor Area.
1.
Single-family detached dwelling: 700 square feet, plus an additional
150 square feet for each bedroom.
g.
Signs.
1.
One lighted residence sign not to exceed one square foot, attached
to the building or in the yard area.
2.
One lighted or unlighted professional office sign not to exceed two
square feet in area which may be attached to the front of the building,
or placed in the yard area.
3.
One unlighted real estate sign not over six square feet in area in
advertising the sale, lease or rental of the building or lot on which
the sign is located.
4.
One lighted or unlighted sign for each hospital, school, church,
library, museum, government building, community center, institutional
use or public recreation building naming such building, either affixed
flat to the building or erected in the yard space, provided such sign
does not exceed 20 square feet in area.
5.
All signs permitted in this district shall be set back a minimum
of 12 feet from any street line if not attached flat to the front
of the building, except for residence signs which shall be set back
a minimum of five feet.
6.
Street number designations shall be required and shall not be considered
part of the total sign area permitted.
h.
Conditional Uses.
1.
Campgrounds in accordance with the standards in Chapter XIII (Campgrounds).
2.
Public Utility Uses in accordance with the standards as set forth in Subsection 26-62.3 (Special Requirement for Public Utility Use).
3.
Residential dwelling units on lots of 3.2 acres in accordance with Subsection 26-75.8 (Cultural Housing).
5.
Residential dwelling units on lots of one acre in accordance with Subsection 26-75.8b (Cultural Housing) or 26-75.9b (Density Transfer Program).
i.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Residential Moderate Density (R1) Zoning
District is to allow residents the amenities of open space, wooded
areas, recreational-picnic space, and small-scale farming areas on
individual lots.
a.
Principal Permitted Uses on the Land and in Buildings.
2.
Hospitals, churches, parish houses, rectories and public and parochial
schools, colleges and private schools for academic instruction (five
acre minimum).
3.
Rest homes, convalescent homes and nursing homes (five acre minimum).
4.
Public parks and playgrounds, libraries, museums, water tanks and
public recreational, forest and game preserves, open space, and community
center buildings and public grounds with public swimming pools provided
they adhere to the standards established in this Chapter.
5.
Government buildings and institutions (five acre minimum).
6.
Farming and raising livestock.
7.
Public purposes uses.
8.
Golf courses.
9.
Agricultural commercial establishments.
b.
Accessory Uses and Buildings Permitted.
4.
See Sections 26-21 (General Provisions - All Districts and Uses) and 26-75 (Exceptions and Modifications)
5.
Private garages, for passenger vehicles, or private garages as defined in Subsection 26-2.1 (General Definitions) and parking areas.
8.
Housing facilities for transient and migratory farm workers located
on the farm of an employing farmer, provided that such housing facilities
shall be occupied only during those periods when workers are engaged
in agricultural pursuits and provided further that nothing in this
section shall be deemed to permit the establishment of housing facilities
for transient labor not engaged in activities of an agricultural nature.
All housing facilities used by migrant labor shall comply with the
New Jersey Migrant Labor Code administered by the Migrant Labor Bureau
of the New Jersey Department of Labor and Industry.
9.
Small wind energy systems and solar energy systems in accordance with standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
10.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
11.
Trash enclosure for solid waste and recyclables.
12.
Accessory uses customarily incidental to a principal use.
c.
d.
Area and Yard Requirements.
1.
Single-family dwellings, rectories and parish houses in an R1 District shall have a minimum lot width of 100 feet at the street line and a minimum lot area of one acre provided that the standards of Subsection 26-43.7 (Water Quality) are met. Every principal building shall be provided with two side yards totaling 30 feet in width, the minimum width of any side yard being not less than 10 feet including the side yards of corner lots. The yard requirements above shall be increased by 50% for two-family dwellings.
2.
No hospital, school, church, college building, nursing home, rest
home, convalescent home, library, museum, and community center or
public recreational building shall be closer to any street line than
50 feet. Every principal building shall be on a lot with a minimum
width of 150 feet at the street line and a minimum area of 1.5 acres.
Every principal building shall be provided with two side yards totaling
50 feet in width, the minimum width of any side yard being no less
than 20 feet.
3.
No principal building shall be closer than 30 feet to the rear lot
line nor closer than 20 feet to the street.
4.
Maximum building coverage shall be 20% of the lot area for the principal
building and no more than an additional 20% for accessory buildings
or uses.
5.
See Sections 26-22 (Cluster Single-Family Residential Development) and 26-75 (Exceptions and Modifications).
6.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the R1 District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
g.
Signs.
1.
One lighted residence sign not to exceed one square foot, attached
to the building or in the yard area.
2.
One lighted or unlighted professional office sign not to exceed two
square feet in area which may be attached to the front of the building,
or placed in the yard area.
3.
One unlighted real estate sign not over six square feet in area in
advertising the sale, lease or rental of the building or lot on which
the sign is located.
4.
One lighted or unlighted sign for each hospital, school, church,
library, museum, government building, community center, institutional
use or public recreation building naming such building, either affixed
flat to the building or erected in the yard space, provided such sign
does not exceed 20 square feet in area.
5.
All signs permitted in this district shall be set back a minimum
of 12 feet from any street line of not attached flat to the front
of the building, except for residence signs which shall be set back
a minimum of five feet.
6.
Street number designations shall be required and shall not be considered
part of the total sign area permitted.
h.
Conditional Uses.
1.
Campgrounds in accordance with the standards in Chapter XIII (Campgrounds).
2.
Public Utility Uses in accordance with the standards as set forth in Subsection 26-62.3 (Special Requirement for Public Utility Use.)
3.
Residential dwelling units on lots of 3.2 acres in accordance with Subsection 26-75.8 (Cultural Housing).
i.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
j.
Affordable Housing Overlay may apply. See Subsection 26.4.14 (Affordable
Housing Overlay).
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Residential High Density (R2) Zoning District
is to provide Woodbine residents with a land area for high density
development, with smaller lot sizes, yet with enough lot areas to
sustain septic filter systems and small individual scenic and/or recreational
open space: (outdoor family space).
a.
Principal Permitted Uses on the Land and in Buildings.
2.
Hospitals, churches, parish houses, rectories and public and parochial
schools, colleges, and private schools for academic instruction (five
acre minimum).
3.
Rest homes, convalescent homes and nursing homes (five acre minimum).
4.
Public parks and playgrounds, libraries, museums, water tanks and
public recreational, forest and game preserves, open space, and community
center buildings and public grounds with public swimming pools provided
they adhere to the standards established in this Chapter.
5.
Government buildings and institutions (five acre minimum).
6.
Public purposes uses.
7.
Conversion of an existing dwelling to not more than two apartments, each of which shall comply with the requirements Subsections 26-23.10 (Multi-family Housing) and 26-23.5 (Conversion of Dwellings).
8.
Apartments and townhouses provided they adhere to the standards established in Subsection 26-23.10 (Multi-family Housing)
9.
Agricultural commercial establishments.
b.
Accessory Uses and Buildings Permitted.
4.
See Sections 26-21 (General Provisions - All Districts and Uses) and 26-75 (Exceptions and Modifications).
8.
Small wind energy systems and solar energy systems in accordance with standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
9.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
10.
Trash enclosure for solid waste and recyclables.
11.
Accessory uses customarily incidental to a principal use.
c.
d.
Area and Yard Requirements.
1.
Single-family dwellings, rectories and parish houses in an R2 District shall have a minimum frontage of 75 feet at the street line and a minimum area of 10,000 square feet if public sewer is available. If on-site wastewater treatment is proposed, the minimum lot size shall be one acre provided that the standards of Subsection 26-43.7 (Water Quality) are met. Every principal building shall be provided with two side yards totaling 25 feet in width, the minimum width of any side yard being not less than 10 feet including the side yards of corner lots, twenty-five-foot front and forty-foot rear yards. The yard requirements above shall be increased by 50% for two-family dwellings.
2.
No hospital, school, church, college building, nursing home, rest home, convalescent home, library, museum, and community center or public recreational building shall be closer to any street line than 30 feet. Every principal building shall be on a lot with a minimum width of 150 feet at the street line and a minimum area of 20,000 square feet. Every principal building shall be provided with two side yards totaling 40 feet in width, the minimum width of any side yard being not less than 15 feet. If on-site wastewater disposal is proposed, the minimum lot size shall be one acre provided that the standards of Subsection 26-43.7a, 4 (Water Quality) are met.
3.
No principal building shall be closer than 40 feet to the rear lot
line nor closer than 25 feet to the street line. In blocks where more
than 50% of the properties abutting a common street line are developed,
the front yard of the principal building may be the average of all
the existing setbacks within 500 feet of either side of the lot but
in no case be less than 15 feet.
4.
Maximum building coverage shall be 30% of the lot area for the principal
building and no more than an additional 10% for accessory buildings
or uses.
5.
See Sections 26-22 (Cluster Single-Family Residential Development) and 26-75 (Exceptions and Modifications).
6.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the R2 District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
g.
Signs.
1.
One lighted residence sign not to exceed one square foot, attached
to the building or in the yard area.
2.
One lighted or unlighted professional office sign not to exceed two
square feet in area which may be attached to the front of the building,
or placed in the yard area.
3.
One unlighted real estate sign not over six square feet in area in
advertising the sale, lease or rental of the building or lot on which
the sign is located.
4.
One lighted or unlighted sign for each hospital, school, church,
library, museum, government building, community center, institutional
use or public recreation building naming such building, either affixed
flat to the building or erected in the yard space, provided such sign
does not exceed 20 square feet in area.
5.
All signs permitted in this district shall be set back a minimum
of 12 feet from any street line of not attached flat to the front
of the building, except for residence signs which shall be set back
a minimum of five feet.
6.
Street number designations shall be required and shall not be considered
part of the total sign area permitted.
h.
i.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
j.
Affordable Housing Overlay may apply. See Subsection 26.4.14 (Affordable
Housing Overlay).
[Added 6-16-2022 by Ord.
No. 606-2022]
Editor's Note: See also Chapter XXVIII, Air Safety.
The purpose of the Airport Airside (AA) Zoning District is to
permit airport and airport-support facilities and activities, provided
that the use is shown on the current Airport Master Plan and has FAA
and NJDOT, Division of Aeronautics approval.
b.
Permitted Accessory Uses.
2.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
3.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
5.
Trash enclosure for solid waste and recyclables.
6.
Accessory uses customarily incidental to a principal use.
c.
Bulk Standards.
4.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the AA District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
d.
Approach Zones and Clear Zones. All approach zones and clear zones
shall be in conformance with the standards established in the Woodbine
Airport Master Plan and with the Federal Aviation Administration.
f.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
[Added 6-16-2022 by Ord.
No. 606-2022]
Editor's Note: See also Chapter XXVIII, Air Safety.
The purpose of the Airport Business (AB) Zoning District is
to encourage appropriate development along DeHirsch Avenue adjacent
to the airport.
a.
Principal Permitted Uses on the Land and in Buildings when entirely
enclosed within a building or solid fence at least 10 feet in height.
1.
Wholesale distributor, warehouse, or yard, with or without retail
sales of the products.
2.
Contractor service shop or storage yard.
3.
Building materials warehouse or yard with or without retail sales.
4.
Medical cannabis cultivator, in accordance with this Chapter.
5.
Medical cannabis manufacturer, in accordance with this Chapter.
6.
Cannabis cultivator, in accordance with this Chapter.
7.
Cannabis manufacturer, in accordance with this Chapter.
8.
Cannabis wholesaler, in accordance with this Chapter.
9.
Cannabis distributor, in accordance with this Chapter.
b.
Principal Permitted Uses on the Land and in Buildings with lot fronts
along County Route 550 (Woodbine-Ocean View Road), County Route 610
(Dennisville-Petersburg Road) or an approved frontage road providing
access to them.
1.
Retail sales of goods and services.
2.
Motor vehicle sales and service.
3.
Service activities such as barber shops, beauty salons, photographers'
studios, tailors, shoe repair, radio and television repair, cleaners
(not to do work on the premises), and newspaper publishers.
4.
Travel trailer, motorcoach, and camper sales and service.
5.
Restaurants with or without liquor service, luncheonettes, diners,
and fast-food restaurants.
6.
Banks, including drive-in facilities.
7.
Offices and office buildings.
8.
Shopping centers.
d.
Permitted Accessory Uses.
2.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
3.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
5.
Administrative office for cannabis business on site.
6.
Environmental equipment associated with cannabis establishments,
as may be required by the Environmental Protection Agency or by the
Department of Environmental Protection.
7.
Trash enclosure for solid waste and recyclables.
8.
Accessory uses customarily incidental to a principal use.
e.
Bulk Standards.
4.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the AB District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
f.
Approach Zones and Clear Zones. All approach zones and clear zones
shall be in conformance with the standards established in the Woodbine
Airport Master Plan and with the Federal Aviation Administration.
h.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
i.
Buffers, screening, fencing, and landscaping for cannabis businesses.
2.
Screening shall not be required because of the heightened need for
security for a cannabis business.
3.
Fencing, a minimum of 10 feet tall, shall be installed around the
developed portion of the site that is restricted from public access.
Fencing may be installed around the entire site behind the required
fifty-foot front buffer for a cannabis business.
4.
The fifty-foot front buffer shall be an irrigated landscaping bed.
Vegetation in this bed shall not exceed a height of three feet. Additional
landscaping shall not be required because of the heightened need for
security for a cannabis business.
j.
Zoning, location, and other restrictions for cannabis businesses:
1.
No cannabis business shall be located closer than 500 feet to a daycare
center, park, church or closer than 1,000 feet to a school (public,
charter, parochial, private, vocational, or college), as measured
by the shortest distance property line to property line.
2.
Medical Cannabis alternative treatment centers, medical cannabis
dispensaries and cannabis retailers shall be strictly prohibited within
the Borough.
3.
There shall be no limitation on the number of cannabis cultivators,
manufacturers, wholesalers, or distributors having a State license
permitted in the Borough.
4.
No outdoor grow area shall be permitted.
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Institutional (INST) Zoning District is to
encourage the appropriate adaption of the buildings and grounds of
the Woodbine Developmental Center and the surrounding area for medical,
educational, civic, and, along DeHirsch Avenue, commercial uses.
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Hospitals, churches, parish houses, rectories and public and parochial
schools, colleges, and private schools for academic instruction.
2.
Rest homes, convalescent homes, and nursing homes.
3.
Public parks and playgrounds, libraries, museums, water tanks and
public recreational, forest and game preserves, open space, and community
center buildings and public grounds with public swimming pools provided
they adhere to the standards established in this Chapter.
4.
Government buildings and institutions.
5.
Professional medical offices, outpatient care facilities, medical
laboratories, and health spas.
b.
Principal Permitted Uses on the Land and in Buildings with lot fronts
along DeHirsch Avenue or an approved frontage road providing access
to them.
c.
Accessory Uses and Buildings Permitted.
2.
Small wind energy systems and solar energy systems in accordance with standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
3.
See Sections 26-21 (General Provisions - All Districts and Uses) and 26-75 (Exceptions and Modifications).
4.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
5.
Trash enclosure for solid waste and recyclables.
6.
Accessory uses customarily incidental to a principal use.
d.
Height Limits.
1.
No building or structure shall exceed 35 feet in height except that churches, hospitals, public and parochial schools, colleges, private schools for academic instruction, rest homes, convalescent homes, nursing homes, libraries, museums, water tanks, community center buildings, government buildings and institutions, professional medical offices, outpatient care facilities, and medical laboratories shall not exceed 60 feet except further as provided in Section 26-75 (Exceptions and Modifications).
e.
Area and Yard Requirements.
1.
All principal permitted uses listed in paragraph a. above with the
exception of dwelling units in existence or approved as of (date of
adoption of this Chapter):
(b)
Lot width: 100 feet at the street line.
(c)
Lot depth: 200 feet.
(d)
Front yard setback: 75 feet.
(e)
Two side yards for every principal building totaling 50 feet
in width, the minimum width of any one side yard being not less than
20 feet including the side yards of corner lots.
(f)
Rear yard setback: 75 feet.
(g)
Building coverage: 20% of the lot area for the principal building
and no more than an additional 20% for accessory buildings or uses.
2.
All Principal Permitted Uses on the Land and in Buildings with lot
fronts along DeHirsch Avenue or an approved frontage road providing
access to them listed in paragraph b. above:
(a)
Lot area: One-half acre (21,780 square feet) provided that the standards of Subsection 26-43.7 (Water Quality) are met.
(b)
Lot width: 100 feet at the street line.
(c)
Lot depth: 150 feet.
(d)
Front yard setback: 30 feet.
(e)
Two side yards for every principal building totaling 30 feet
in width, the minimum width of any one side yard being not less than
10 feet including the side yards of corner lots.
(f)
Rear yard setback: 20 feet.
(g)
Building coverage: 30% of the lot area for the principal building
and no more than an additional 10% for accessory buildings or uses.
5.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the INST District shall require that Pinelands Development
Credits be used for all dwelling units or lots in excess of that permitted
without the variance.
g.
Signs.
1.
One lighted or unlighted professional office sign not to exceed two
square feet in area which may be attached to the front of the building,
or placed in the yard area.
2.
One unlighted real estate sign not over six square feet in area in
advertising the sale, lease or rental of the building or lot on which
the sign is located.
3.
One lighted or unlighted sign for each hospital, church, parish house,
rectory, school, rest home, convalescent home, and nursing home, library,
museum, government building, professional medical office, outpatient
care facility, medical laboratory, health spa, community center, institutional
use, public recreation building, retail building, automobile sales
building, restaurant, bank, or shopping center naming such building,
either affixed flat to the building or erected in the yard space,
provided such sign does not exceed 20 square feet in area.
4.
For all parcels fronting DeHirsch Avenue, one signs, either affixed
flat to the building or erected in the yard space, shall not exceed
75 square feet in area.
5.
All signs permitted in this district shall be set back a minimum
of 12 feet from any street line of not attached flat to the front
of the building, except for residence signs which shall be set back
a minimum of five feet.
6.
Street number designations shall be required and shall not be considered
part of the total sign area permitted.
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Town Commercial Zoning District (TC) is to
provide a centralized marketplace with an attractive yet practical
atmosphere with a large variety of stores, shops, entertainment activities,
restaurant, office and residential uses.
a.
Principal Permitted Uses on the Land and in Buildings.
2.
Single and two-family dwellings on the ground floor in existence
or approved as of (date of adoption of this Chapter) in accordance
with the standards in the R2 Zoning District.
3.
Retail uses where goods are sold, or personal services rendered which
are clearly incidental to the retail sales and primarily for the need
of those living in the Borough, provided there is no fabrication,
manufacturing, converting, altering, finishing, or assembly, except
incidental to such retail sale on the premises, provided that these
uses shall be confined to the first floor and basement of the premises.
4.
Parking lot for private passenger vehicles.
5.
Restaurants, luncheonettes, diners, and drive-in restaurants.
6.
Telephone exchanges and public utility installations.
7.
Service activities such as banks, barber shops, beauty salons, photographers'
studios, tailors, shoe repair, radio and television repairs, cleaners
(not to do work on the premises), and newspaper publishers.
8.
Business offices, professional offices, and government office buildings.
9.
Recreational activities such as indoor theaters, bowling alleys,
dance studios, and parks and playgrounds.
10.
Designed shopping centers. (See paragraph j. below.)
11.
Automobile sales, both new and used.
12.
Tire sales (but not recapping or manufacturing), sales of automobile
parts and services of a hardware store type, hardware stores.
13.
Funeral homes.
b.
Accessory Uses and Buildings Permitted.
3.
Fences and walls in accordance with the standards as set forth in Subsection 26-23.6 (Fences, Walls and Sight Triangles).
4.
Garages to house delivery trucks or other commercial vehicles incidental
to the principal uses (only to be constructed in the rear of principal
buildings).
5.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
6.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
7.
Trash enclosure for solid waste and recyclables.
8.
Accessory uses customarily incidental to a principal use.
c.
Conditional Uses.
d.
Prohibited Uses.
1.
Single- and two-family dwellings on the ground floor not in existence
or approved as of (date of adoption of this Chapter).
f.
Area and Yard Requirements.
1.
There shall be a minimum lot size of 11,250 square feet, minimum frontage of 75 feet and minimum depth of 150 feet if public sewer is available. If on-site wastewater disposal is proposed, the minimum lot size shall be one acre provided that the standards of Subsection 26-43.7 (Water Quality) are met.
2.
All buildings in the TC District may be attached or may abut. In
the event buildings are not attached, or do not abut, the separation
shall be a minimum of 15 feet clear space in order to provide access
to the rear of the property by fire apparatus. Such opening shall
be lighted and kept free of debris and obstructions to passage and
may serve as pedestrian access to parking areas and streets, but not
as vehicle access routes.
3.
The first-floor level of any retail store, hotel office building or similar intensive use may occupy 60% of the lot area in the TC District if parking is provided within 500 feet of the building. In all other cases, adequate parking shall be provided on-site as set forth in Section 26-25 (Off-Street Parking).
4.
All buildings in the TC District may have a gross floor area not
to exceed three times the area of the lot and arranged so that no
floor extends beyond the setback requirements of the TC District.
5.
All buildings must have site plan review and approval by the Planning Board as provided in Section 26-61 (Site Plan Review).
6.
A buffer area of 20 feet shall be provided where TC uses are located adjacent to residential Zoning Districts, in accordance with Subsection 26-35.1 (Buffers).
7.
All buildings in the TC District shall be set back from the street
line a minimum of 30 feet except service stations may have gasoline
pumps and air pumps within 15 feet of the street line.
8.
Motels shall meet the following additional minimum requirements:
Lot width 100 feet; lot depth 150 feet; building setback from any
side or rear property line 20 feet. Motels shall be permitted up to
50% building coverage.
9.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the TC District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
g.
Minimum Residential Floor Area.
h.
Additional Sign Requirements in TC.
1.
All offices and retail outlets shall be permitted one sign which
shall adhere to the following standards:
(a)
The area of the sign shall not exceed 5% of the gross area of
the front of the first two floors of the building.
(b)
The signs may be illuminated.
(c)
Canopies or similar devices shall be permitted to extend over
the sidewalk except that the lowest portion of these devices shall
be raised a minimum of eight feet above the level of the sidewalk.
Such devices shall not extend outward from the building further than
within two feet of the curb and shall be of cantilever construction.
Awnings shall be required to have stop locks to prevent them from
sagging or being lowered to a point closer than seven feet and six
inches to the sidewalk and shall not extend outward from the building
further than six feet or within two feet of the curb line, whichever
is shorter.
(d)
Signs shall be located on the front of the buildings, side of
a canopy, or in the front yard but not closer than five feet to the
street line.
(e)
All signs in the TC District shall be reviewed by the Planning
Board to determine conformity to the general characteristics and atmosphere
of the existing signs in the TC District.
j.
General Requirements.
1.
One building may contain more than one use provided that the total
building coverage of the combined uses does not exceed the maximum
building coverage specified for the district and, further, that each
use occupies a minimum gross floor area of 500 feet.
2.
A shopping center may contain more than one principal building provided
that the total building coverage specified for the district is not
exceeded and the following building separation requirements are met:
(a)
All principal buildings shall be separated by a minimum of 15
feet clear space provided such separation is to be used solely for
pedestrian circulation.
(b)
All principal buildings shall be separated* by a minimum of
50 feet when such separation is to be used for parking or vehicular
circulation.
(*Note: The separation requirements should not be construed
to prohibit covered pedestrian walkways when the roof or covering
of such walkway extends between the principal buildings.)
3.
A sidewalk area should be established immediately adjacent to and
in front of the store fronts in all shopping centers and shall be
a minimum of 20 feet in depth, as measured outwards perpendicularly
to the store fronts. The area shall be kept clear of all obstructions
except those included for decorative or landscaping purposes.
4.
No merchandise, products or similar material or objects shall be
displayed or stored outside unless appropriately screened and maintained.
Any use resulting in the storage of vehicles outside shall have such
area entirely enclosed by a fence, wall, plant material or combination
thereof in order to provide a visual barrier between the storage areas
and any street, residential zoning district or existing residential
use. Such outside storage area shall not exceed 30% of the lot area
and shall be located in the rear yard only.
5.
All buildings in a shopping center shall be compatibly designed whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes which shall not include
unpainted or painted cinder block or concrete block walls.
6.
All areas not utilized for buildings, loading, parking, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition.
k.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of the Redevelopment Zoning District (RD) is to
encourage the appropriate redevelopment of the former Borough of Woodbine
Landfill which was designated as an Area in Need of Redevelopment
in Resolution No. 7-90-2003 pursuant to N.J.S.A. 40A:12A-1 et seq.
Note: Permitted land uses, area and bulk regulations, and development
standards and design guidelines listed below were provided by the
Borough of Woodbine Redevelopment Plan, Block 117, Lots 1 and 2 (portion).
Development within the RD Zoning District is overseen by the Borough
of Woodbine as the Redevelopment Entity. See the Redevelopment Plan
for more detailed information on the specific requirements of development
within the Area in Need of Redevelopment as represented here as the
RD Zoning District.
a.
Principal Permitted Uses on the Land and in Buildings.
2.
Recreational Development related uses:
(a)
Air shows.
(b)
Hot air ballooning.
(c)
Festivals.
(d)
Helicopter Rides.
(e)
Parachuting.
(f)
Outdoor Mazes.
(g)
Paintball Park.
(h)
Gateway to the Pineland/Events.
(i)
Camping.
(j)
Equestrian Activities/Stables.
(k)
Heritage Village Site.
(l)
Golf Driving Ranges and related uses.
(m)
Archery, Sporting Clubs, interactive target Ranges.
(n)
Other similar uses developed as part of a comprehensive plan
and specifically approved by the Redevelopment Authority.
3.
Commercial/Light Industrial related uses.
(a)
The following uses, when entirely enclosed within a building
or yard with a solid fence at least six feet in height and no greater
than eight feet, buffered with a double row of evergreen trees, six
feet high at time of planting and spaced no more than eight feet on
center, with the rows spaced no more than 10 feet:
(b)
The following industrial uses:
(1)
The fabrication, processing, assembly or storage of goods and
materials; printing and publishing uses.
(2)
Laboratory and research establishments, laundry, dry cleaning
or dying plant.
(3)
The Manufacture, compounding, processing, packaging or treatment
of beverages, food, candy, cosmetics, dairy products, drug, ice, perfumes,
pharmaceuticals, toilet supplies and similar products.
(4)
Blacksmith shops, metal working, machine and welding shops and
monument works.
(5)
Warehouses and terminal facilities.
(6)
Recycled soil.
b.
c.
Height Limits, Area, Yard, and Parking Requirements.
1.
Standards for Age-Restricted Single-Family Detached Dwelling Units.
(a)
Minimum lot size: 6,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum building coverage: 30%.
(e)
Maximum impervious coverage: 45%.
(f)
Minimum front yard setback: 15 feet.
(g)
Minimum side yard setback: 15 feet each.
(h)
Minimum rear yard setback: 30 feet.
(i)
Maximum height of single-family dwelling: 35 feet.
(j)
Parking: Two spaces per unit.
2.
Standards for Age-Restricted Single-Family Detached Dwelling Units
(Townhouses).
(a)
Minimum lot size: 1,800 square feet.
(b)
Minimum lot width: 20 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum impervious coverage: 50%.
(e)
Minimum front yard setback: five feet.
(f)
Minimum side yard setback: 15 feet each (corner units); zero
feet (interior units).
(g)
Minimum rear yard setback: 35 feet.
(h)
Maximum Height of attached dwelling units: 35 feet.
(i)
Parking: Two spaces per unit.
3.
Standards for Commercial Development.
(a)
Minimum lot size: 1,400 square feet.
(b)
Minimum lot width: 20 feet.
(c)
Minimum lot depth: 80 feet.
(d)
Maximum impervious coverage: 85%.
(e)
Minimum front yard setback: zero feet.
(f)
Maximum front yard setback: 10 feet.
(g)
Minimum side yard setback: zero feet.
(h)
Minimum rear yard setback: 25 feet.
(i)
Maximum height: 35 feet.
(j)
Parking: One space per 400 square feet.
4.
Standards for Free-Standing Commercial Buildings.
(a)
Minimum lot size: 5,000 square feet.
(b)
Maximum lot size: one acre.
(c)
Minimum lot width: 60 feet.
(d)
Minimum lot depth: 100 feet.
(e)
Maximum building coverage: 40%.
(f)
Maximum impervious coverage: 70%.
(g)
Minimum front yard setback: 10 feet.
(h)
Maximum front yard setback: 25 feet.
(i)
Minimum side yard setback: 20 feet.
(j)
Minimum rear yard setback: 35 feet.
(k)
Maximum height: 35 feet.
(l)
Parking: one space per 400 square feet to the side or rear of
the structure.
5.
Standards for recreational facilities.
(a)
Minimum lot size: three acres.
(b)
Minimum lot width: 175 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Maximum building coverage: 25%.
(e)
Maximum impervious coverage: 45%.
(f)
Minimum front yard setback: 50 feet.
(g)
Minimum side yard setback: 35 feet each.
(h)
Minimum rear yard setback: 50 feet.
(i)
Maximum height: 45 feet.
(j)
Parking: One space per three seats or; one space per 300 square
feet of Gross Living Area or; one space per campsite/ride.
6.
Standards for Commercial/Light Industrial:
7.
8.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the RD District shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
d.
Conditions for Mixed Use Age-Restricted Development.
1.
For every 10 units of age restricted housing (detached single-family
or attached dwelling unit) there shall be:
(a)
A minimum of 500 square feet of commercial or office space that
consists of personal services, retail, office I medical or similar
use that will service the residents of the age restricted community.
Such development will be designed as part of the overall mixed-use
site plan; or
(b)
A minimum of 300 square feet of commercial or office space that
shall be constructed or rehabilitated offsite within the Borough -
specifically along Washington Avenue, within the Borough's Streetscape
Planning District. Such development may be submitted as a separate
site plan and must be completed simultaneous or prior to the residential
development.
e.
f.
See Borough of Woodbine Redevelopment Plan, Block 117, Lots 1 and
2 (portion) for Development Standards and Design Guidelines, including:
1.
Open Space Requirements.
2.
COAH Requirements.
3.
Other Requirements for Development.
4.
Aesthetic and Safety Amenities.
5.
Circulation Standards.
6.
Bicycle Circulation.
7.
Public Transit Access.
8.
Motor Vehicle Circulation.
9.
Architectural Standards.
10.
Screening/Buffering.
11.
Recycled Soil Development Standards.
g.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Principal Permitted Uses:
1.
The following uses and similar uses, when entirely enclosed within
a building or solid fence at least 10 feet in height:
(a)
Wholesale distributor, warehouse or yard, with or without retail
sales of the products.
(b)
Contractor service shop or storage yard.
(c)
Building materials warehouse or yard with or without retail
sales.
(d)
Medical cannabis cultivator, in accordance with this Chapter.
(e)
Medical cannabis manufacturer, in accordance with this Chapter.
(f)
Cannabis cultivator, in accordance with this Chapter.
(g)
Cannabis manufacturer, in accordance with this Chapter.
(h)
Cannabis wholesaler, in accordance with this Chapter.
(i)
Cannabis distributor, in accordance with this Chapter.
2.
The following industrial and manufacturing uses or uses similar to:
(a)
The fabrication, processing, assembly, or storage of goods and
materials.
(b)
Printing, bookbinding, or publishing uses.
(c)
Laboratory research and development establishments and offices.
(d)
Laundry, dry cleaning, or dying plant.
(e)
The light manufacture, compounding, processing, packaging or
treatment of beverages, food, candy, cosmetics, dairy products, ice,
perfumes, pharmaceuticals, toilet supplies, and similar products.
(f)
Metal working, machine shop, welding shops, or monument works
vii. Warehouses and terminal facilities, with or without retail sales
of the products.
(g)
Asphalt manufacturing plant.
(h)
Restaurants with or without liquor service.
(i)
Gas Distribution Center (Liquid Petroleum or Natural).
(j)
Cemetery.
(k)
Public Storage Facility (rental storage).
4.
The following Commercial-Retail uses or uses similar to provided
that the lot fronts on County Route 550 (Woodbine-Ocean View Road),
County Route 610 (Dennisville-Petersburg Road) or an approved frontage
road providing access to them:
(a)
Retail sales of goods and services.
(b)
Restaurants with or without liquor service, luncheonettes, diners,
or fast-food restaurants.
(c)
Service activities such as barber shops, beauty salons, photographers'
studios, tailors, shoe repair, radio and television repair, cleaners
(not to do work on the premises), and newspaper publishers.
(d)
Banks, including drive-in facilities.
(e)
Offices and office buildings.
(f)
Indoor theaters and bowling alleys.
(g)
Motor vehicle sales and service, travel trailer, motorcoach,
and camper sales and service.
(h)
Shopping centers.
b.
Permitted Accessory Uses.
2.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
3.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
5.
Accessory uses customarily incidental to a principal use.
6.
Administrative office for cannabis business on site.
7.
Environmental equipment associated with cannabis establishments,
as may be required by the Environmental Protection Agency or by the
Department of Environmental Protection.
8.
Trash enclosure for solid waste and recyclables.
c.
Bulk Standards.
1.
Lot area: 3.2 acres.
2.
Lot width: 150 feet.
3.
Lot depth: 150 feet.
4.
Front yard setback: 50 feet.
5.
Side yard setback: 25 feet.
6.
Rear yard setback: 25 feet.
7.
Building coverage: 60%.
8.
Building height: 35 feet.
9.
In the Pinelands Area portion of the LIM Zone, any municipal variance
approval which grants relief from the density or lot area requirements
for a residential or principal nonresidential use in the LIM District
shall require that Pinelands Development Credits be used for all dwelling
units or lots in excess of that permitted without the variance.
d.
f.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
g.
Buffers, screening, fencing, and landscaping for cannabis businesses:
2.
Screening shall not be required because of the heightened need for
security for a cannabis business.
3.
Fencing, a minimum of 10 feet tall, shall be installed around the
developed portion of the site that is restricted from public access.
Fencing may be installed around the entire site behind the required
fifty-foot front buffer for a cannabis business.
4.
The fifty-foot front buffer shall be an irrigated landscaping bed.
Vegetation in this bed shall not exceed a height of three feet. Additional
landscaping shall not be required because of the heightened need for
security for a cannabis business.
h.
Zoning, location, and other restrictions for cannabis businesses:
1.
No cannabis business shall be located closer than 500 feet to a daycare
center, park, church or closer than 1,000 feet to a school (public,
charter, parochial, private, vocational, or college), as measured
by the shortest distance property line to property line.
2.
Medical Cannabis alternative treatment centers, medical cannabis
dispensaries and cannabis retailers shall be strictly prohibited within
the Borough.
3.
There shall be no limitation on the number of cannabis cultivators,
manufacturers, wholesalers, or distributors having a State license
permitted in the Borough.
4.
No outdoor grow area shall be permitted.
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose and intent of the DLIM District is to encourage
light industrial and manufacturing relocation and expansion by promoting
an economic base of diverse uses, while retaining natural resources
and recognizing the development constraints of the area.
a.
Permitted Uses.
1.
Light industrial, manufacturing and assembly processes which do not
generate harmful or unpleasant odors, fumes, smoke, vapors, gases
or other air or water pollutants, vibrations, noise, glare, industrial
waste or any other deleterious by-products of the operation beyond
the confines of the structure(s). Such uses shall include, but not
be limited to, electrical goods production; furniture manufacturing;
manufacturing, compounding, processing, packaging or treatment of
beverages, food, cosmetics, dairy products, drugs, pharmaceuticals,
and similar products; assembly of component parts and similar uses.
2.
Research and design laboratories.
3.
Printing and publishing establishments.
4.
Fully enclosed wholesale business establishments including merchandising,
distribution and storage, but not including distribution and storage
of gasoline, petroleum or petroleum products, or other hazardous materials.
5.
Warehouse and terminal facilities.
b.
Accessory Uses and Buildings Permitted.
1.
Signs (see below Subsection 26-4.13g.(Signs).
2.
Small wind energy systems and solar energy systems in accordance with the standards in Subsection 26-23.7 (Small Wind Energy Systems and Solar Energy Systems).
3.
Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces in accordance with Subsection 26-11.6 (Electric Vehicles).
5.
Accessory Uses customarily incidental to a principal use including
but not limited to fully enclosed storage areas, cafeteria and recreational
facilities for employee use, enclosed trash and garage areas, and
similar uses.
c.
Bulk Requirements.
1.
Minimum lot size: one acre.
2.
Lot width/frontage: 100-foot minimum.
3.
Lot coverage shall not exceed 50% building coverage.
4.
Setbacks, building length and height, distance between structures
and other bulk requirements not specified herein shall be as determined
necessary during the site plan review process.
5.
Any municipal variance approval which grants relief from the density
or lot area requirements for a residential or principal nonresidential
use in the DLIM District shall require that Pinelands Development
Credits be used for all dwelling units or lots in excess of that permitted
without the variance.
d.
General Regulations.
1.
All uses, principal or accessory, within this district are subject
to Planning Board site plan review and approval.
2.
All uses within this district shall be required to submit an impact statement as part of the site plan review process. This statement will include all information as called for in Subsection 26-61.3 (Application of Requirements) and additionally shall include the following, all uses:
(a)
A general lighting and graphics program.
(b)
Fire protection, police and other security systems.
(c)
Circulation and off-street parking plan.
(d)
Stormwater management plan.
(e)
Sanitary sewerage and potable water plan.
(f)
Solid waste management and disposal plan, including provisions
for all waste resulting from on-site uses. All uses shall provide
for private commercial removal of waste and trash.
(g)
Landscaping and preservation plan, including existing natural
features.
(h)
An open space plan and continuing maintenance program.
(i)
An off-site traffic survey showing the impact of the proposed
facility on existing roadways.
(j)
Energy conservation program for both construction and operation.
3.
Planning Board site plan approval shall not be granted until the
Board is satisfied that all the provisions called for above are adequate
to meet the expected need.
4.
A perimeter of 30 feet adjoining each building shall remain clean
except for plantings and pedestrian walkways to permit access of emergency
vehicles.
6.
All uses within this district shall be free from offensive noise,
vibration, smoke, odors, glare, hazards of fire or other objectionable
effects detrimental to the health, safety or general welfare of the
community.
7.
Notwithstanding any of the other provisions of this Chapter, storage
of combustible materials shall not be considered a permitted use within
this district.
e.
Off-Street Parking and Circulation. Parking and circulation requirements
shall be as follows:
1.
For all uses, one on-site off-street parking space for each employee
on the maximum shift plus 10%.
2.
Parking shall be permitted in stalls at angles varying from 45°
to 90° subject to Planning Board approval. Widths and lengths
of stalls and access lanes will vary with angles selected, subject
to Planning Board approval.
3.
In outdoor parking areas, at least 5% of the parking area shall be
landscaped; a minimum of one tree at least 10 feet in height for each
10 parking spaces shall be installed. The landscaping shall be located
in protected areas, along walkways, center islands and the end of
bays. On narrow islands, low spreading plants such as creeping juniper,
English ivy, myrtle and pachysandra are appropriate.
4.
All landscaping in parking areas will be carefully located so as
not to obstruct vision.
5.
All uses within this district shall provide on-site off-street loading
areas, a minimum of 14 feet in width and 35 feet in length. These
areas shall be located in the rear yard and shall not be located within
10 feet of the rear lot line. These areas may be permitted in the
side yard area, provided that the loading area is screened from the
front yard with a decorative fence. The outer side of such fence shall
be landscaped with evergreen shrubs.
6.
All parking areas shall have a landscaped perimeter buffer of at
least 10 feet in width consisting of existing natural or planted vegetation.
7.
Traffic plan submitted with the Impact Statement required above,
shall clearly delineate and define traffic circulation. All existing
and proposed roadways shall be shown.
f.
Landscaping.
1.
Permitted uses within this district shall submit a landscaping plan
as a part of the site plan application. Such plan shall be designed
to preserve existing natural resources and shall follow the following
principals:
(a)
Landscaping shall be located to provide for climate control
and conservation of energy.
(b)
Landscaping shall be utilized to compliment accent buildings
and the site as a whole.
(c)
Landscaping shall be provided in public areas, parking areas,
recreational sites, and adjacent to buildings.
(d)
All areas not covered by buildings, roadways, parking areas,
and pedestrian walkways shall be landscaped with natural materials.
2.
Landscaped buffers shall be provided according to the following principals:
(a)
Buffers of fifteen foot minimum at the site perimeter and ten
foot minimum at outdoor parking perimeters shall consist of natural
vegetation and/or in combination with new plants and trees, evergreens
and deciduous materials. Such buffers shall be of sufficient height
and density to minimize headlights of vehicles, noise and light from
structures, and other on-site activities.
(b)
Similar buffers of ten foot minimum shall be developed around
waste collection facilities, sufficient in height to shield them from
view.
3.
Landscaped buffers may make use of berms and mounds.
g.
Signs.
1.
Signs within this district shall be designed to be aesthetically
pleasing, harmonious with other signs on the site, and located so
as to achieve their purpose without constituting hazards to vehicles
and pedestrians.
2.
Signs for all uses within the district shall:
(a)
Not be greater than 100 square feet in total area.
(b)
Be set back from the property line a minimum of 30 feet.
(c)
Be designed and located so as not to create a hazard to internal
or external traffic.
(d)
Shall have a maximum height of 25 feet.
(e)
Shall have no moving parts.
(f)
Shall have no flashing effect.
(g)
Shall be designed with an overall theme or coordinated graphics
throughout.
(h)
Shall incorporate in the theme a style of lettering, construction
material, type of pole and lighting.
h.
i.
Security fences shall be permitted within this district, provided
that they are screened from view by landscaped buffers.
j.
Stormwater Management. In accordance with the provisions of Chapter
XXI (Stormwater Control).
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Purpose. In order to provide for Woodbine Borough's fair share
of the region's low- and moderate-income housing, the following
standards are provided.
b.
Where public sewer and/or sewer treatment plants are provided in
a Pinelands Town Residential District which includes R-1, R-2, a development
shall include affordable housing units in accordance with the following:
1.
The developer of a residential development project in the Pinelands
Residential Town Districts containing 20 or more dwelling units or
the residential component of a mixed-use development project containing
20 or more dwelling units ("qualifying development project") shall
construct, either within such qualifying development project or as
a separate project thereto, a minimum of 20% of the total number of
residential units as affordable housing units.
2.
The total number of units shall include any development on lots in
existence as of the date of this amendment such that a lot may not
be subdivided to allow for a lower number of residential units and
therefore no requirement for an affordable housing set-aside.
3.
A developer may opt to provide the affordable housing units off-site through the rehabilitation of existing units in the Borough of Woodbine. The rehabilitation of existing units must be for non-deed restricted properties and the rehabilitated units shall meet the requirements as provided for in Chapter 25, Section 25-6 Affordable Housing, provided that rehabilitated units meeting the requirement of this Section shall have an affordability control period of at least 30 years. The control period shall start with the date of the first new occupant of the unit after rehabilitation and affirmative marketing is completed in accordance with Section 25-6 Affordable Housing.
4.
Pursuant to N.J.A.C. 5:93-5.6(f) and Mount Laurel II guidelines,
if constructed within a qualifying development project, the affordable
housing units shall be disbursed throughout the site plan and shall,
to the extent practicable, have an exterior design which is compatible
with the surrounding market-rate units. Similarly, affordable units
constructed separate from a qualifying development project shall,
to the extent practicable, have an exterior design which is compatible
with the surrounding housing in the neighborhood.
5.
Where said 20% affordable housing units are to be constructed as
part of the qualifying development project, all land use approvals
and permits required to construct such units, including, but not limited
to, Woodbine Planning Board, Woodbine Zoning Board, County Planning
Board, Pinelands, NJDEP/CAFRA and local building permits, shall be
obtained under a single series of applications. Where said 20% affordable
housing units are to be constructed separately from the qualifying
development project, all land use approvals and permits required to
construct the qualifying development project and the affordable units
shall be obtained by the filing of separate but simultaneous applications.
6.
Regardless of whether constructed as part of a qualifying development
project or as separate units, no certificate of occupancy for the
market-rate units shall be issued unless a proportionate number of
certificates of occupancy are issued for the affordable units. Similarly,
where a qualifying development project is proposed to be constructed
in phases, the developer shall provide a phasing plan which provides
for the affordable housing to be developed proportionately with the
market-rate units.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Two spaces per dwelling unit.
b.
Federal, State, County and Borough uses for office, judicial, legislative
and general administrative functions shall provide one space for every
100 square feet of gross floor area.
c.
Hospitals, rest homes and convalescent centers shall provide one
space for every two beds, plus one space for each two personnel employees
associated with such activity.
d.
Public utility buildings and uses shall provide one space for each
assigned company vehicle plus one space for each two employees stationed
at the use, but in no case less than two spaces in total.
e.
Schools shall provide one space per employee for grades kindergarten
through tenth grades, 2.5 spaces per employee for grades 11 and 12,
and in all cases sufficient space for school bus loading and unloading.
f.
Home occupations shall provide a minimum of one space per 100 square
feet of gross floor area devoted to the home occupation. The spaces
provided for the associated residence may be counted to fulfill this
requirement.
g.
Any use having access only from a collector or arterial street as
shown on the adopted Master Plan shall provide a paved turnaround
area on the site.
h.
Auditorium, church or other place of worship, church school, parish
house, private school, Sunday school and indoor movie theaters: one
parking space for each four fixed seats of capacity; or one parking
space for each 60 square feet of floor area available to patrons in
cases where the capacity is not determined by the number of fixed
seats. Benches shall be deemed to have a capacity of one person for
each 20 inches in length.
i.
Art gallery, banquet halls, clubs, convention rooms, meeting rooms,
museum, public library: one parking space for each 100 square feet
of floor space available to patrons.
j.
Banks, retail and personal service stores and shops, lumber and building
material firms and yards, wholesale store: one parking space for each
200 square feet of floor area available to patrons.
k.
Business and professional offices and studios: one space for each
200 square feet of floor area.
l.
Restaurants and bars: one parking space for each 60 square feet of
floor area available to patrons in cases where the capacity is not
determined by the number of fixed seats. Where seats are fixed, one
parking space for each two seats of capacity.
m.
Carpentry or cabinet making shop, industrial, machine shop, plumbing
shop, printing shop and newspaper plant, refrigerating plant, research
laboratory, steam laundry and dry cleaning plant, warehouse: one parking
space for each 450 square feet of floor space for each 2 1/2
persons employed at any peak period, whichever is greater.
n.
Bowling alleys: five parking spaces for each lane.
o.
Motels shall provide 1 1/2 spaces for each motel unit.
p.
Other uses not specifically listed: the same requirement as for the
most similarly listed use.
q.
Mixed uses: total requirement shall be the sum of the requirements
of the component uses computed separately in accordance with the provisions
of this section.
[Added 6-16-2022 by Ord.
No. 606-2022]
In addition to the above requirements, the adequacy of parking
areas and truck loading spaces for conditional uses shall be subject
to review and determination as an integral part of the review of the
site plan by the Planning Board/Zoning Board.
[Added 6-16-2022 by Ord.
No. 606-2022]
Every commercial manufacturing, industrial, or hospital use,
which has an aggregate floor area of 7,500 square feet or more devoted
to any such use, shall be provided with off-street truck loading spaces
at the rear of the building in accordance with the following schedule:
|
Square Feet of Aggregate Floor Area Devoted to Such Use
|
Minimum Required Number of Off-Street Truck Loading Spaces
|
|---|---|
|
7,500 to 25,000 square feet
|
1
|
|
25,000 to 40,000 square feet
|
2
|
|
40,000 to 100,000 square feet
|
3
|
|
Each additional 60,000
|
1 additional square feet
|
[Added 6-16-2022 by Ord.
No. 606-2022]
All off-street parking and loading areas shall be lighted.
[Added 6-16-2022 by Ord.
No. 606-2022]
All off-street parking and loading areas shall also comply with Sections 26-25 (Off-Street Parking) and 26-35 (Performance Standards - All Districts), and as set forth specifically in any zoning district regulation.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The purpose of this subsection is to promote and encourage the use
of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and storm
water runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY-ACCESSIBLE EVSE
Definitions. As used in this subsection:
Shall mean the certificate provided for in N.J.A.C. 5:23-2,
indicating that the construction authorized by the construction permit
has been completed in accordance with the construction permit, the
act and the regulations. See "State Uniform Construction Code Act,"
P.L.1975, c.217 (C.52:27D-119 et seq.) and regulations adopted pursuant
thereto.
Shall mean he amount of voltage provided to charge an electric
vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Shall mean any vehicle that is licensed and registered for
operation on public and private highways, roads, and streets; and
operates either partially or exclusively using an electric motor powered
by an externally charged on-board battery.
Shall mean the equipment, including the cables, cords, conductors,
connectors, couplers, enclosures, attachment plugs, power outlets,
power electronics, transformer, switchgear, switches and controls,
network interfaces, point of sale equipment, and associated apparatus
designed and used for the purpose of transferring energy from the
electric supply system to a plug-in electric vehicle. "EVSE" may deliver
either alternating current or, consistent with fast charging equipment
standards, direct current electricity. "EVSE" is synonymous with "electric
vehicle charging station."
Shall mean the pre-wiring of electrical infrastructure at
a parking space, or set of parking spaces, to facilitate easy and
cost-efficient future installation of Electric Vehicle Supply Equipment
or Electric Vehicle Service Equipment, including, but not limited
to, Level Two EVSE and direct current fast chargers. Make Ready includes
expenses related to service panels, junction boxes, conduit, wiring,
and other components necessary to make a particular location able
to accommodate Electric Vehicle Supply Equipment or Electric Vehicle
Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous
with the term "charger ready," as used in P.L.2019, c.362 (C.48:25-1
et al.).
Shall mean an EVSE that has restricted access to specific
users (e.g., single and two-family homes, executive parking fleet
parking with no access to the general public).
Shall mean an EVSE that is publicly available (e.g., park
& ride, public parking lots and garages, on-street parking, shopping
center parking, non-reserved parking in multi-family parking lots,
etc.).
c.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to C.40:55D-70.
2.
EVSE and Make-Ready Parking Spaces installed pursuant to Section
D. below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph 1 above.
3.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer shall enforce all signage and installation requirements
described in this Chapter. Failure to meet the requirements in this
Chapter shall be subject to the same enforcement and penalty provisions
as other violations of the Borough of Woodbine's land use regulations.
5.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to C.40:55D-1 et seq. or any other law, rule, or regulation,
and shall be approved through the issuance of a zoning permit by the
administrative officer, provided the application meets the following
requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations; and
(d)
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
6.
An application pursuant to paragraph 5 above shall be deemed complete
if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete,
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application, or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
Upon deeming an application complete pursuant to Paragraph 6 above, the Zoning Officer shall issue a zoning permit in accordance with Subsection 26-81.6 of this Chapter, and the following:
(a)
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of subsection 26-65.4 (Notices to the Pinelands Commission) and subsection 26-65.5 (Review by Pinelands Commission) have been met, unless the proposed development meets the criteria of Subsection 26-65.1b7 of this Chapter.
8.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
9.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph 1, above
shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or Make-Ready parking
spaces.
e.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Section 26-11 (Parking and Loading Schedule).
2.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and Make-Ready parking spaces above
what is required in paragraph d above may be encouraged, but shall
not be required in development projects.
f.
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.
1.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE Parking:
(a)
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible
EVSE parking spaces shall be monitored by the municipality's
police department and enforced in the same manner as any other parking.
It shall be a violation of this Section to park or stand a non-electric
vehicle in such a space, or to park an electric vehicle in such a
space when it is not connected to the EVSE. Any non-electric vehicle
parked or standing in a EVSE parking space or any electric vehicle
parked and not connected to the EVSE shall be is subject to fine and/or
impoundment of the offending vehicle as described in Chapter 26-82
(Violations and Penalties) of the Codified Revised General Ordinances
of the Borough of Woodbine.
(d)
Signage indicating the penalties for violations shall comply
with paragraph 5 below. Any vehicle parked in such a space shall make
the appropriate payment for the space and observe the time limit for
the underlying parking area, if applicable.
(e)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly-accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted pavement and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to paragraph 5
below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough of Woodbine's
ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly-accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in paragraph (e) below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly-accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Woodbine shall require the owners/designee of publicly-accessible
EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly-accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with paragraph (b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly-accessible
EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage Fees.
(a)
For publicly-accessible municipal EVSE (Reserved)
(b)
Private EVSE: Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable State and Federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
[Added 6-16-2022 by Ord.
No. 606-2022]
An accessory building or a private parking area shall not be
located in any required front yard space, except that nothing shall
prohibit an owner of a home from counting his driveway as one parking
space per dwelling unit and except further that any driveway in excess
of 10% slope shall not be considered as off-street parking. If erected
on a corner lot, it shall be set back from the side street to comply
with the setback line applying to the principal building for that
side street.
[Added 6-16-2022 by Ord.
No. 606-2022]
Accessory buildings shall not exceed one story or 15 feet in
height, whichever is greater.
[Added 6-16-2022 by Ord.
No. 606-2022]
The minimum distance of any accessory building from a property
line or adjacent building on the same lot shall be five feet.
[Added 6-16-2022 by Ord.
No. 606-2022]
Accessory buildings may be erected as part of a principal building
provided that all yard requirements of this Chapter for the principal
building, including the attached accessory building, are complied
with.
[Added 6-16-2022 by Ord.
No. 606-2022]
Notwithstanding any other provisions of this Chapter, no building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the principal building to which the accessory building is accessory.
If construction of the principal building does not precede or take
place at the same time with the construction of the accessory building,
the Construction Official shall have cause to revoke the building
permit for the principal and accessory buildings.
[Added 6-16-2022 by Ord.
No. 606-2022]
Within all zoning districts, temporary structures shall be permitted
according to the following conditions:
a.
Upon issuance of a building permit for construction, the temporary
use of one mobile structure for an office, tool storage or quarters
for a watchman as an accessory use to permitted approved construction
projects on the same lot therewith is permitted for a period provided
by a permit to be issued by the Zoning Officer. The trailer shall
be removed within one month after completion of a construction project.
b.
Individuals wishing to place an office trailer on a site may do so
only in zoning districts where offices are specifically listed as
a permitted use. The applicant must meet with the Borough of Woodbine
Site Plan and Sign Review Subcommittee prior to placing the trailer
on site. The applicant must comply with all conditions as set forth
in the "Borough of Woodbine Temporary Office Trailer Checklist." The
applicant must meet all set back and height requirements of the zoning
district. The Subcommittee will review all applications for compliance
with the said checklist. The use shall be for 12 months, unless extended
not more than an additional 12 months (total period of time of two
years) by the Planning/Zoning Board Subcommittee.
c.
Temporary use of one mobile home on a lot whereon an existing residential
structure has been destroyed by fire, natural disaster, explosion
or similar catastrophe while a new residential structure is being
constructed. The use shall be for 12 months, unless extended not more
than an additional 12 months (total period of time of two years) by
the Planning/Zoning Board wherein it can be reasonably demonstrated
that actual construction has been delayed by factors outside the control
of the applicant. The temporary use of the trailer shall cease and
the mobile home shall cease to be occupied and shall be removed from
the property involved within one month of the date of issuance of
a Certificate of Occupancy for the new residential structure.
d.
A zoning permit for each temporary use shall be issued by the Zoning
Officer. No mobile home or trailer utilized in accordance with the
provisions of this subsection shall be placed upon permanent foundations
or shall be in any other way placed, installed or attached to another
structure which would make the mobile home's or trailer's
removal from the site impossible or otherwise unnecessarily difficult.
e.
No other mobile home, office or storage trailer shall be permitted.
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of this section is to provide a method of developing
single-family detached dwellings which will preserve desirable open
spaces, conservation areas, floodplains, school sites, recreation
and park areas and lands for other public purposes by permitting the
reduction of lot sizes (and certain other regulations hereinafter
stated) without increasing the number of lots in the total area to
be developed. Cluster single-family residential developments are permitted
in R1 and R2 Districts.
[Added 6-16-2022 by Ord.
No. 606-2022]
All cluster single-family residential developments shall meet
the following requirements:
a.
The minimum size of a tract of land proposed for development under
the cluster development provision of this Chapter shall be 30 acres,
including the areas of existing streets and water areas within the
tract boundary lines provided they total no more than 5% of the tractarea.
b.
Total lots permitted shall be calculated by subtracting 15% of the
site area as an allowance for streets and dividing the remaining land
area by the minimum required lot size for nonclustered lots in the
applicable zoning district.
c.
d.
All land area not included in lots and/or utilized for street rights-of-way shall be delineated on the plat submitted to the Planning Board and shall be offered to the Borough without charge. A portion of this land area, such portion equivalent to a minimum of 20% of the total tract of land proposed for development, shall be specifically set aside for recreation or park areas, school sites or other public purposes and shall be designated in accordance with the requirements stipulated in Subsection 26-22.2e (Requirements). All lands not accepted by the Borough shall be owned and maintained by a Homeowners' Association. In any case, all streets within the development shall be dedicated to the Borough; however, the Borough shall not be responsible for the maintenance of the streets until officially accepting their dedication.
e.
At least 20% of the total tract of land proposed for development
shall be specifically set aside for recreation or park areas, school
sites or other public purposes and shall be designed as follows:
1.
The minimum contiguous acreage of each parcel shall be two acres.
2.
Lands set aside for recreational purposes shall be improved (including
but not limited to equipment, walkways and landscaping) by the developer
in order to qualify the lands for acceptance by the Borough, as required
by the Planning Board.
3.
All land areas shall be optimally related to the overall plan and
design of the development and improved to best suit the purposes for
which intended.
f.
The lands offered to the Borough shall be subject to review by the
Planning Board which, in the review and evaluation of the suitability
of such land, shall be guided by the Master Plan of the Borough, by
the ability to assemble and relate such lands to an overall plan and
by the accessibility and potential utility of such lands. The Planning
Board may request an opinion from other public agencies or individuals
as to the advisability of the Borough's accepting any lands to
be offered to the Borough.
g.
Every parcel of land offered to and accepted by the Borough shall
be conveyed to the Borough by deed at the time final plan approval
is granted. The deed shall contain such restrictions as may reasonably
be required by the Planning Board to effectuate the provisions of
this Chapter pertaining to the use of such areas. Should the subdivision
consist of a number of development stages, the Planning Board may
require that acreage proportionate in size to the stage being considered
for final approval be donated to the Borough simultaneously with the
granting of final subdivision approval for that particular stage,
even though these lands may be located in a different section of the
overall development.
h.
A Homeowners' Association, established for the purpose of owning
and maintaining common lands and facilities, including conservation,
open space, floodplain, recreation and park areas and other lands
which would otherwise be dedicated to the Borough, shall be in accordance
with the following provisions:
1.
Membership in any created Homeowners' Association by all property
owners shall be mandatory. Such required membership in any created
Homeowners' Association and the responsibilities upon the members
shall be in writing between the association and the individual, in
the form of a covenant, with each member agreeing to the liability
for the pro rata share of the association's costs, providing
that the Borough shall be a party beneficiary to such covenant and
entitled to enforce its provisions.
2.
Executed deeds with restrictions stating that the prescribed uses
of the lands in the common ownership shall be absolute and not subject
to reversion for possible future development shall be tendered to
the Borough simultaneously with the granting of final subdivision
approval.
3.
The Homeowners' Association shall be responsible for liability
insurance, municipal taxes, maintenance of land and any facilities
that may be erected on any land deeded to the Homeowners' Association
and shall hold the Borough harmless from any liability.
4.
The assessment levied by the Homeowners' Association shall become
a lien on the private properties in the development. The duly created
Homeowners' Association shall be allowed to adjust the assessment
to meet changing needs, and any deeded lands may be sold, donated
or in any purposes only.
5.
The Homeowners' Association initially created by the developer
shall clearly describe in its bylaws the rights and obligations of
any homeowner and tenant in the cluster development. Before a final
approval, copies of the bylaws, covenants, model deeds and articles
of incorporation shall be submitted to the Borough for review and
approval.
6.
The developer shall provide a procedure by which lands will be transferred
to the Homeowners' Association. This schedule shall be based
on a percentage of the lots and/or homes sold or occupied. The bylaws
of the Homeowners' Association should include provisions which
will ensure that the maintenance responsibilities for the commonly
owned land are the obligation of the association.
Prior to preliminary approval, the developer shall submit preliminary
public water and/or public sewer system plans for the dwelling units
in the development. Prior to final approval, the developer shall submit
final plans for these systems which shall have been approved by the
local and/or County Board of Health and the State Department of Environmental
Protection.
(a)
No Certificate of Occupancy shall be issued for any building
or part thereof until all streets, drainage, parking facilities and
water and sewer facilities servicing the said structure are properly
completed and functioning.
[Added 6-16-2022 by Ord.
No. 606-2022]
The procedure for subdividing lands under the requirements of
this section shall be the same as specified in the Land Subdivision
Ordinance of the Borough of Woodbine.
[Added 6-16-2022 by Ord.
No. 606-2022]
In the FAR and ARR Districts, clustering of single-family detached
dwellings shall be required whenever two or more units are proposed
as part of a residential development.
[Added 6-16-2022 by Ord.
No. 606-2022]
All cluster single-family residential developments in the FAR
and ARR Districts shall meet the following requirements:
b.
The number of residential lots permitted within the cluster shall
be calculated on the basis of the size of the parcel of land and the
density permitted in paragraph a. above, with a bonus applied as follows:
|
Parcel Size
|
ARR District
|
FAR District
|
|---|---|---|
|
> 50 acres
|
0
|
0
|
|
50-99.99 acres
|
15%
|
20%
|
|
100-149.99 acres
|
20%
|
25%
|
|
>150 acres
|
25%
|
30%
|
c.
The residential cluster shall be located on the parcel such that
the development area:
d.
Development within the residential cluster shall be designed as follows:
1.
Residential lots shall be one acre in size but may be larger if dictated
by unusual site conditions. In no case shall the average size of residential
lots within a cluster exceed 1.1 acres;
3.
Individual on-site septic wastewater treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the waste
that comply with the standards of Subsection 26-43.7a.4 (Water Quality)
may serve the lots within the cluster development area. Community
on-site wastewater treatment systems serving two or more residential
dwelling units which meet the standards of Subsection 26-43.7a.5 or
a.7 (Water Quality) shall also be permitted;
4.
The residential cluster development area shall include such land
and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
5.
Permitted recreation amenities may include playgrounds, tot lots,
swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than one-half acre of land or the equivalent of one acre
of land for every 25 residential lots, whichever is greater.
e.
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Woodbine Borough
or incorporated as part of one of the lots within the cluster development
area.
1.
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Woodbine Borough or another public agency or non-profit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
2.
The deed of restriction shall permit the parcel to be managed for
low intensity recreation, ecological management and forestry, provided
that no more than 5% of the land may be cleared, no more than 1% of
the land may be covered with impervious surfaces and any such uses
or activities are approved and conducted in accordance with the requirements
of Chapter XXVI.
[Ord. No. 526-2011]
[Added 6-16-2022 by Ord.
No. 606-2022]
Within any residential district, no building shall be constructed
or altered in a manner so that its exterior design and appearance
is not compatible and harmonious with the general atmosphere and character
of the neighborhood.
[Added 6-16-2022 by Ord.
No. 606-2022]
All principal buildings in all districts shall be clearly identified
as to building number, house number, street number, or name by means
of a small unobstructed sign clearly visible and legible from the
main abutting street attached to either the outermost door, porch
column, or lamppost. The house number, street number, or name shall
be as assigned by the Construction Official upon approval of the building
plans.
[Added 6-16-2022 by Ord.
No. 606-2022]
Except as previously or hereinafter provided, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, structurally alter, or use any buildings, structure, or land except in conformity with the regulations of the district in which such building or structure is located or in accordance with Sections 26-75 (Exceptions and Modifications). (See also Section 26-24 (Nonconforming Uses, Buildings or Lots))
Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of this Chapter may be continued, even though such use, building or structure may not conform with the provisions of this Chapter for the district in which it is located (see Section 26-24 (Nonconforming Uses, Buildings or Lots)).
[Added 6-16-2022 by Ord.
No. 606-2022]
The conversion of any building into a dwelling or the conversion
of any dwelling so as to accommodate an increased number of dwelling
units or families, shall be permitted only within a district in which
the new building or similar occupancy would be permitted under this
Chapter, providing all requirements for that zoning district are also
met and only when the resulting occupancy will comply with the requirements
governing new construction in such district, and the other requirements
of this Chapter.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
On a corner lot in any district, sight triangles shall be required
in addition to the right-of-way, in which no grading, planting or
structure shall be erected or maintained no more than three feet in
height as measured from the mean elevation of the finished grade five
feet away from centerline of the grading, planting or structure. The
sight triangle is defined as that area outside the right-of-way which
is bounded by the intersecting street lines and the straight line
connecting the "sight points," one each located on the two intersection
street centerlines the following distance away from the intersecting
centerlines: arterial streets at 300 feet; collector streets at 200
feet; and local streets at 90 feet. Where the intersection streets
are both arterial, both collectors or one arterial and one collector,
two overlapping sight triangles shall be required, formed by connecting
the "sight point" noted above with a "sight point" 90 feet on the
intersection street.
b.
On any interior lot, in any residence district, no wall shall be
erected or altered so that wall shall be over six feet in height except
as may be required for swimming pools. No wall shall exceed three
feet in height in front yards.
c.
No wall shall be erected of barbed wire, topped with metal spikes.
d.
Fences.
1.
Fence Requirements.
(a)
Fences erected in a residential, or Town Commercial District
shall not exceed four feet in height above ground level in front yards
and shall not exceed six feet in side and rear yards.
(b)
Fences constructed for utility, mining and industrial uses shall
not exceed eight feet in height. Fences allowed under this subsection
may be topped with barbed wire. In the case where a fence is topped
with barbed wire, the maximum height of the fence shall be 10 feet
and the barbed wire shall be included in the height measurement.
(c)
A six foot high chain link fence shall be required around the
perimeter of all detention and retention basins where there is likely
to be two feet or more of standing water. Such fence shall contain,
at a minimum, one entrance gate eight feet in width to provide access
for maintenance vehicles. Such fence must be located so as to provide
a minimum six-foot wide level area around the rim of the basin.
(d)
A four-foot high fence shall be required around all pools with
a depth of 24 inches or greater and shall meet all applicable BOCA
Section 421.10 regulations.
(e)
Fences erected within the Light Industrial Manufacturing District
shall not exceed eight feet in height. Fences topped with barbed wire
are permitted without the maximum height of the fence not to exceed
10 feet. The barbed wire shall be included in the height measurement.
(f)
Fences erected within the DeHirsch Light Industrial Manufacturing
District shall not exceed eight feet. The barbed wire shall be included
in the height measurement.
2.
Construction Standards.
(a)
No fence shall be constructed entirely of any material or in
any manner which may be dangerous to persons or animals, except that
fence in or around utility, mining or industrial uses may be topped
with barbed wire.
(b)
All supported members of a fence are to be located on the inside
of the fence. Cloth and canvas fences are prohibited. Permitted fence
materials include wood, chain link, wrought iron, stone, aluminum
and steel.
(c)
Fences which are to be painted shall be painted in one color
only, harmonious with the surrounding area.
(d)
All fences must be erected within the property lines and may
not encroach upon any public right-of-way.
(e)
No fence shall impede the flow of natural drainage or cause
surface water to be blocked or dammed.
(f)
Before any fence is to be constructed, a building permit must
be obtained. The request for a permit must be accompanied by a plan
which shows height, location, type and design of the proposed fence.
In addition, the plan must illustrate the proposed fence's relation
to all buildings, structures, lot lines, rights-of-way and yards.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Purpose. The primary purpose of a wind or solar energy system will
be to provide power for the principal use and/or permitted accessory
use(s) of the property whereon said system is to be located and shall
not be for the generation of power for commercial purpose, although
this provision shall not be interpreted to prohibit the sale of excess
power generated from time to time from a wind or solar energy system
designed to meet the energy needs of the principal use and/or accessory
use(s). For the purposes of this subsection, the sale of excess power
shall be limited so that in no event an energy system is generating
more energy for sale than what is otherwise necessary to power the
principal use and/or accessory use(s) on the property.
b.
Permitted Accessory Use. Small wind and solar energy systems shall
only be permitted as an accessory structure and use on the same lot
as the principal use. All energy systems require approval from the
Zoning Officer and Construction Office prior to installation. Applications
for an energy system shall include information demonstrating compliance
with the provisions of this subsection. In the event that the Zoning
Officer or Construction Office does not believe the provisions of
this subsection will be satisfied an applicant may request a variance.
1.
Small Wind Energy Systems.
(a)
Wind turbines are permitted in all residential, agricultural,
forest and preservation districts subject to the following requirements:
(1)
Minimum lot size: One acre provided the lot size and conforms
to the height requirements below.
(2)
Minimum Setbacks. All wind turbines shall be set back from all
property lines a distance equal to 100% of the height of the structure
including the blades, but excluding any guy wires.
(3)
Wind turbines shall not be permitted in any front yard.
(4)
Maximum Height. Freestanding wind turbines shall not exceed
a height of 150 feet. The maximum height shall include the height
of the blades at its highest point.
(5)
No more than one wind turbine shall be permitted per property.
(6)
Wind turbines shall not be permitted as a rooftop installation.
(b)
Noise. All wind energy systems shall comply with the following:
(1)
Between a residential use or zoning district sound levels of
the wind energy system shall not exceed 55 dBA at a common property
line or 50 dBA to the closest occupied structure.
(2)
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 65 dBA.
(3)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent over-speeding and excessive pressure on
the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority.
(e)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(f)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum
of 10 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of
a corrosive resistant material.
(i)
All guy wires or any part of the wind energy system shall be
located on the same lot as the energy system.
(j)
Tower construction shall be in accordance with the appropriate
sections of the Uniform Construction Code as adopted by the State
of New Jersey, and any future amendments and/or revisions to same.
(k)
Electromagnetic interference (EMI). Wind energy conversion system
generators and alternators shall be filtered and/or shielded so as
to prevent the emission of radio frequency energy which would cause
any harmful interference with radio and/or television broadcasting
or reception and shall comply with the provisions of Section 47 of
the Federal Code of Regulations, Part 15 and subsequent revisions
governing said emissions.
(l)
The structural design shall be signed and sealed by a professional
engineer, licensed in the State of New Jersey, certifying that the
structural design complies with all of the standards set forth for
safety and stability in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove.
(m)
The design calculations shall include a soil boring at the tower
location and a soils analysis. If the soils of the site are not satisfactory
for the intended construction, the plans shall be designed to eliminate
or overcome the poor soil conditions.
2.
Solar Energy Systems.
(a)
Solar panels shall be permitted as a rooftop installation in
any zoning district. The solar panels shall not exceed a height of
24 inches from the rooftop. In no event shall the placement of the
solar panels result in a total height, including the building and
solar panels that exceeds the maximum height permitted for the principal
building in the zoning district.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
(1)
All ground arrays shall be set back a distance of 20 feet from
all property lines in a residential zoning district or in conformance
with the bulk standards for accessory structures in commercial districts
as provided herein.
(2)
Ground arrays shall not be permitted in a front yard.
(3)
Ground arrays shall be located so that any glare is minimized
to an adjoining property.
(4)
Ground arrays shall not exceed a height of 15 feet.
c.
General Conditions.
1.
Wind and solar energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from a property line.
2.
The design of wind or solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
3.
All applications for a wind or solar energy system shall limit all
clearing and soil disturbance to that which is necessary to accommodate
the wind or solar energy system.
4.
An applicant shall locate a wind or solar energy system so that tree
removal is not required to the extent practical.
5.
The installation of a wind or solar system shall conform to the National
Electric Code as adopted by the NJ Department of Community Affairs.
6.
The installation of a wind or solar energy system is subject to all
of the local power delivery company's (currently Atlantic City
Electric Company's) requirements for interconnection.
7.
The provisions of subsection 26-75.1 (Exception to Height Limits) shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.
8.
Abandonment.
(a)
A small wind energy system or solar energy system that is out
of service for a continuous twelve-month period will be deemed to
have been abandoned.
(b)
The Administrator as defined in this subsection may issue a
"Notice of Abandonment" to the owner. The notice shall be sent via
regular and certified mail return receipt requested to the owner of
record.
(c)
The owner shall have the right to respond to the Notice of Abandonment
within 30 days from notice receipt date.
(d)
If the owner provides information that demonstrates the small
wind energy or solar energy system has not been abandoned, the Zoning
Officer (Code Enforcement Officer) shall withdraw the Notice of Abandonment
and notify the owner that the notice has been withdrawn.
(e)
Any abandoned system shall be removed at the owner's sole
expense within six months after the owner receives the "Notice of
Abandonment" from the Borough. If the system is not removed within
the six months of receipt of notice from the Borough notifying the
owner of such abandonment, the Borough may remove the system as set
forth below.
(f)
When an owner of a wind or solar energy system has been identified
to remove same and has not done so six months after receiving said
notice, then the Borough may remove such system and place a lien upon
the property for the cost of the removal. If removed by the owner,
a demolition permit shall be obtained and the facility shall be removed.
Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
d.
Zoning Permit Procedures.
1.
An owner shall submit an application to the Zoning Officer for a
zoning permit for a small wind zoning energy and/or solar energy system.
2.
The Zoning Official shall issue a permit or deny the application
within one month as is consistent with the Municipal Land Use Law
of the date on which the application is received.
3.
If the application is approved, the Zoning Officer will return one
signed copy of the application with the zoning permit and retain the
other copy with the application.
4.
If the application is rejected, the Zoning Officer will notify the
applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the Zoning
Officer's decision pursuant to the appropriate appeal authority.
The applicant may reapply if the deficiencies specified by the Zoning
Officer are resolved.
e.
Violations.
1.
It is unlawful for any person to construct, install, or operate a
small wind and/or solar energy system that is not in compliance with
this subsection.
2.
Small wind and/or solar energy systems installed prior to the adoption
of this subsection are exempt from the requirements of this subsection,
except for the provisions regarding abandonment.
f.
Administration and Enforcement.
1.
This subsection shall be administered by the Planning/Zoning Board
Secretary or other official as designated and is herein referred to
as Administrator.
2.
The Administrator may enter any property for which a permit has been
issued under this subsection to conduct an inspection to determine
whether the conditions stated in the permit have been met.
3.
The Administrator may issue orders to abate any violation of this
subsection.
4.
The Administrator may issue a citation for any violation of this
subsection.
5.
The Administrator may refer any violation of this subsection to legal
counsel for enforcement.
g.
Penalties.
1.
Any person who fails to comply with any provisions of this subsection
shall be subject to enforcement and penalties as stipulated in the
chapter and section of the appropriate Zoning Code.
2.
Nothing in this section shall be construed to prevent the Mayor and
Council of the Borough of Woodbine from using any other lawful means
to enforce this subsection.
[Added 6-16-2022 by Ord.
No. 606-2022]
All solar energy systems permitted as a principal use in accordance with Section 26-4 of this Chapter shall meet the following standards:
a.
Public service infrastructure necessary to support the solar energy
system is available, or can be provided without any off-site development
in a Pinelands Forest Area management area;
b.
The solar energy system, including any proposed off-site infrastructure,
shall be located and screened in such a way as to minimize visual
impacts as viewed from:
c.
Should the development of new or expansion of existing on-site or
off-site infrastructure be necessary to accommodate the solar energy
system, clearing shall be limited to that which is necessary to accommodate
the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way shall
be limited to a maximum width of 20 feet, unless additional width
is necessary to address specific safety or reliability concerns; and
d.
Any solar energy facility shall be decommissioned within 12 months
of the cessation of its utilization. Decommissioning shall include:
1.
Removal of all energy facilities, structures and equipment, including
any subsurface wires and footings, from the parcel;
2.
Restoration of the parcel in accordance with N.J.A.C. 7:50-6.24,
unless restoration is unnecessary because the parcel is to be put
into active agricultural use or approved for development in accordance
with the certified local ordinance within that twelve-month period;
and
3.
Any other measures necessary to address ecological and visual impacts
associated with the solar energy facility, including the removal of
offsite infrastructure and restoration of affected lands; and
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Residential Agriculture shall be permitted as an accessory use only
in the ARR, FAR, R1, R2 zoning districts in accordance with the provisions
in this subsection. In the event the occupant or occupants hold only
a leasehold right to the use of the property, the lessee shall obtain
written permission of the lessor prior to commencing home agriculture.
b.
Not than one horse may be kept for every 30,000 square feet of residential
lot area.
c.
Seasonal fruit and vegetable stands are permitted under this definition provided such stands meet all applicable accessory building setback (side and rear) and coverage requirements and are set back from the front street line at least 20 feet. Seasonal stands may not exceed 10 feet in height. For permitted signs, see Section 26-36 (Signs).
d.
Chicken raising and keeping shall be confined to the rear yard, only.
e.
Residential Agriculture activities shall not interfere with lot drainage
swales and septic fields.
f.
The following requirements shall pertain to the raising and keeping
of chickens:
1.
Prior to the raising and keeping of chickens, the occupant shall
obtain a zoning permit. The Zoning Officer shall have the right of
periodic entry upon the premises for determining compliance with these
regulations.
2.
The number of chickens permitted on the premises shall be limited
by the size of the residential lot as indicated in the following table:
|
No. of Chickens
|
Minimum Lot Size
|
|---|---|
|
2
|
5,000 square feet
|
|
3
|
10,000 square feet
|
|
4
|
15,000 square feet
|
|
5
|
30,000 square feet
|
|
6
|
40,000 square feet
|
3.
No chickens shall be permitted on a lot of less than 5,000 square
feet.
4.
All chickens kept on residential lots shall be hens. In the event
that unsexed hatchings or fertilized eggs are male, such chicken shall
be removed from the premises before they turn three months of age
or first begin crowing, whichever occurs first. Failure to remove
such chicken shall be grounds for the revocation of the zoning permit
and removal of all chickens from the premises.
5.
All chickens shall be housed and maintained in a humane manner and
in accordance with good agricultural practice. The premises shall
be kept in a clean and sanitary manner at all times. Each chicken
raising and keeping area shall be free from vermin and rodent infestation.
The Animal Control Officer and Health Officer shall have the right
of entry to determine with these regulations.
6.
Chickens shall be sheltered in a chicken coop that has a minimum square footage of six square feet and two square feet per chicken, whichever is greater in size. No chicken coop shall exceed the floor area size limitation for tool sheds in Section 26-23.9 (Residential Tool Shed). The chicken coop shall be fully enclosed. The chicken coop shall not be taller than six feet above the ground surface. Chicken coops shall comply with the accessory structure setbacks from the zoning district, but in no event shall the setback be less than 10 feet from any property line or habitable structure on the same lot or 30 feet from a habitable structure on an adjacent lot. Chicken coops shall be kept in good repair, have waterproof roofs and walls, be adequately lighted by natural or artificial means, and be ventilated.
7.
A fenced chicken run of up to six feet in height that meets the same
setback standards for the chicken coop shall be permitted. Chicken
runs shall be a minimum size of 100 square feet and a maximum size
of 400 square feet.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Residential tool sheds shall be permitted in all residential zoning
districts, subject to the following limitations on the shed building
coverage and distance to a side or rear property line:
b.
Sheds accessory to a single family detached dwelling:
|
Lot Size
|
Maximum Shed Building Coverage
|
Minimum Distance to Side/Rear Property Line
|
|---|---|---|
|
22,500 square feet or greater
|
200 square feet
|
10 feet
|
|
9,000 square feet to 22,499 square feet
|
120 square feet
|
5 feet
|
|
7,500 square feet to 8,999 square feet
|
96 square feet
|
5 feet
|
|
7,499 square feet or less
|
80 square feet
|
5 feet
|
c.
Sheds accessory to a townhouse dwelling or a semi-detached dwelling
shall have a maximum building coverage of 80 square feet, and shall
be located no closer than five feet from a side or rear property line.
d.
No shed shall exceed 12 feet in height.
e.
No shed shall be located in a front yard.
f.
No more than one tool shed per lot shall be permitted.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The standards here are intended to provide for dwellings in a garden
apartment, multi-story or townhouse configuration at moderate multi-family
densities.
b.
For apartments and townhouses, the following general regulations
shall apply:
1.
Minimum gross acreage of tract: 10 acres.
2.
Minimum buildable land area of tract: seven acres.
3.
Maximum gross density: 10 units per acre.
4.
Minimum open space: 30% of total tract area.
5.
Minimum tract frontage: 300 feet.
6.
Building setback from tract perimeter: 50 feet from any tract boundary.
7.
Parking area or internal driveway or street setback (excluding entrances
and exits) from tract perimeter: 25 feet.
10.
Maximum building height: 35 feet or three stories, whichever
is less.
11.
Maximum building length through the long axis: 240 feet.
12.
Any development incorporating both apartments and townhouses
shall be limited to a total of 80% of either type of unit.
13.
Each townhouse or ground floor unit shall have a private rear
yard of 200 square feet minimum for the occupants' exclusive
use or an active and/or passive recreation area equal to 200 square
feet per unit available to all tenants or owners.
14.
Public Water and Sewer. All such development shall be served
by public water and public sanitary sewer.
c.
Area, Yard, Height and Building Coverage. Except as otherwise modified,
the following bulk standards shall apply to all buildings:
1.
3.
Apartments.
(a)
The minimum size for each apartment shall be 550 square feet.
(b)
Each unit above the ground floor shall have a balcony or terrace
of at least 50 square feet in area unless common open space for all
units is provided. Second-floor apartments over commercial use are
exempt from this requirement.
(c)
Storage space shall be provided for each unit, including interior
and/or exterior storage for garbage and recyclables in the front of
the unit, and bicycles, garden equipment, and other common household
items in an appropriate location.
4.
Accessory Uses and Buildings.
(a)
Accessory structures for individual units shall not be permitted
in any front yard area. Such structures shall not be located closer
than five feet to a property line.
(b)
Community centers, recreational buildings, community swimming
pools, and outdoor recreational facilities are allowed accessory uses/structures
and shall conform to the general district requirements in this section
and in this Chapter.
(c)
Common garages or carports providing shelter for the motor vehicles
of residents shall conform to the setback requirements for parking
areas in this section, except that no such accessory building or structure
is located in a front yard.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Cannabis Establishments shall refer to Medical Cannabis cultivator,
Medical Cannabis manufacturer, Cannabis cultivator, Cannabis Manufacturer,
Cannabis wholesaler, and Cannabis distributor and shall not reference
or include Medical Cannabis dispensary, Medical Cannabis Alternative
Treatment Center, Cannabis retailer or Cannabis delivery service.
Cannabis Establishments shall be permitted, within the Airport Business
and Light Industrial Manufacturing zoning districts, only if the following
requirements are complied with:
1.
The regulations of this Section are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities. If any provision of this Section is permissively
inconsistent with the statutes and/or regulations of the State of
New Jersey, the State statutes and/or regulations shall prevail.
2.
Prior to the operation of any Cannabis Establishment, a permit or
license must be obtained from the State of New Jersey and from the
Borough of Woodbine for the applicable type(s) of Cannabis Establishment.
No Cannabis Establishment shall be permitted to operate without State
and municipal permits or licenses.
3.
Permitted uses shall, at all times, comply with the terms and conditions
of the licensee's Cannabis Establishment permits and licenses
issued by the State of New Jersey and the Borough of Woodbine.
4.
Odor. Cannabis Establishments shall have equipment to mitigate odor.
A building for a Cannabis Establishment shall be equipped with a ventilation
system with carbon filters sufficient in type and capability to mitigate
Cannabis odors emanating from the interior of the premises.
5.
Noise. Outside generation and other mechanical equipment used for
any kind of power supply, cooling, or ventilation shall be enclosed
and have appropriate baffles, mufflers, and/or other noise reduction
systems to mitigate noise pollution.
6.
Security. All Cannabis Establishments shall be secured in accordance
with State of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year; and shall have trained
security personnel onsite at all times during operating hours.
[Added 6-16-2022 by Ord.
No. 606-2022]
Except as otherwise provided in this section, the lawful use of land existing at the date of the adoption of this Chapter may be continued although such use does not conform to the regulations specified by this Chapter for the zoning district in which such land, buildings or structures are located, provided, however, that no existing land, buildings, or structure devoted to a use not permitted in this Chapter in the district in which such lands, buildings or structures are located, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered except in conformity with the regulations of this Chapter for the district in which such land, buildings or structures are located, except as allowed in subsections 26-75.1 (Exceptions to Height Limits), 26-75.2 (Exceptions to Front Yard Requirements), 26-75.3 (Corner Lots), 26-75.4 (Exceptions to Side Yard Requirements), 26-75.6 (Expansion of Existing Uses/Pinelands Area) and 26-75.7 (Substandard Lots/Pinelands Area). Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
[Added 6-16-2022 by Ord.
No. 606-2022]
A nonconforming use as defined in the preceding section shall
be considered abandoned if such nonconforming use is terminated by
the owner or tenant; if the owner or tenant shall fail to use the
property for the non-conforming use for a period of 12 consecutive
months this shall be presumptive evidence of such abandonment and
thereafter such building, structure and/or land shall not be used
in a nonconforming manner.
[Added 6-16-2022 by Ord.
No. 606-2022]
Any nonconforming building or use which has been changed to
a conforming use shall not be changed back again to a nonconforming
building or use.
[Added 6-16-2022 by Ord.
No. 606-2022]
Any nonconforming building or use which has been destroyed by
fire, explosion, flood, windstorm, or other act of God shall be examined
by the following three people to determine whether the building is
more than 90% destroyed:
a.
Construction Official;
b.
The owner or an architect or engineer selected by the owner; and
c.
A third person agreed to by the Construction Official and the owner.
If in the opinion of a majority of these three people the damage is
greater than 90%, the building or use shall be considered completely
destroyed, and shall not be rebuilt, restored, or repaired unless
in conformity to the building and use requirements of this Chapter.
[Added 6-16-2022 by Ord.
No. 606-2022]
Such repairs and maintenance work as required to keep a building
in sound condition may be made to a nonconforming building or structure,
provided no structural alterations shall be made except such as are
required by law.
[Added 6-16-2022 by Ord.
No. 606-2022]
Any nonconforming use may change ownership and continue to function
as the same nonconforming use provided the other provisions of this
section are met.
[Added 6-16-2022 by Ord.
No. 606-2022]
Any lot existing at the time of passage of this Chapter which
does not meet all the yard requirements, may be utilized or may have
additions to the principal building and/or construct an accessory
use without an appeal to the Board of Adjustment provided:
[Added 6-16-2022 by Ord.
No. 606-2022]
Screen planting of a dense evergreen material not less than
four feet nor more than six feet in height shall be provided in any
location where lights from vehicles within an off-street parking area
for more than three vehicles may shine directly into windows of adjacent
residential buildings. In lieu of screen planting, a wooden fence
of woven lattice, masonry wall, or wooden louvre type of split cedar
fence with a maximum of three-quarter inch spacing may be provided
not less than four feet nor more than six feet in height, maintained
in good condition without any advertising thereon.
[Added 6-16-2022 by Ord.
No. 606-2022]
All parking areas and walkways thereto, and appurtenant passageways
and driveways serving commercial, public, office, industrial, apartment
or other similar uses having common off-street parking and/or loading
areas and building complexes requiring area lighting shall be adequately
illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for nonglare, color corrected
lights focused downward. The light intensity provided at ground level
shall be a minimum of three-tenths footcandle anywhere in the area
to be illuminated, shall average a minimum of five-tenths footcandle
over the entire area and shall be provided by fixtures with a mounting
height not more than 25 feet or the height of the building, whichever
is less, measured from the ground level to the centerline of the light
source, spaced a distance not to exceed five times the mounting height.
Any other outdoor lighting, such as building and sidewalk illumination,
driveways with no adjacent parking, the lighting of signs and ornamental
lighting, shall be shown on the lighting plan in sufficient detail
to allow determination of the effects to adjacent properties, traffic
safety and overhead sky glow. The objective of these specifications
is to minimize undesirable off-premises effects. No light shall shine
directly into windows or onto streets and driveways in such manner
as to interfere with or distract driver vision. To achieve these requirements,
the intensity of such light sources, the light shielding and similar
characteristics shall be subject to site plan approval.
[Added 6-16-2022 by Ord.
No. 606-2022]
Parking areas for more than three vehicles shall be separated
from the street right-of-way or other property line by a setback of
sufficient distance to prevent any part of a vehicle from overhanging
the street right-of-way or property line or internal sidewalks. Parking
areas shall not be an extension of any street right-of-way.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
In residential zoning districts parking areas and driveways for residential
uses shall be paved or covered with shale, gravel, stone or other
like material to a minimum depth of two inches. For all other zoning
districts and uses the following standards shall apply:
1.
All driveways and off-street parking spaces provided under the requirements
of this section shall be surfaced with an asphaltic or concrete or
other material so as to be surfaced, drained and dust free and in
accordance to the specifications of the Borough Subdivision Ordinance
and the Borough Engineer.
2.
All off-street parking spaces shall be provided with concrete, Belgian
Block or other curbing in accordance with the Borough subdivision
regulations and requirements of the Borough Engineer so that vehicles
cannot drive onto required landscaped areas and street right-of-way
and so that each parking area has controlled entrances and exits.
3.
All off-street parking areas designated to accommodate four or more
vehicles shall have adequate designations to indicate traffic flow
and parking spaces.
[Added 6-16-2022 by Ord.
No. 606-2022]
Entrance and exit drives crossing a street line shall be limited
to two along the frontage of any one street and the centerlines shall
be spaced at least 75 feet apart and at least 150 feet from the street
line of any intersecting street. Continuous open driveways in excess
of 16 feet resulting in the elimination of curbing along streets shall
be prohibited except that for commercial manufacturing and industrial
uses driveways may be permitted with the approval of the Planning
Board but in no case shall a driveway more than 16 feet in width be
permitted without provision for a five foot island. Curbing at the
driveway shall be depressed.
[Added 6-16-2022 by Ord.
No. 606-2022]
Off-street parking areas for four or more vehicles may occupy
front, side and rear yard areas subject to site plan approval. No
parking of vehicles shall be permitted in the driveways, aisles, fire
lanes, or turning areas. Nothing shall prohibit driveways for one
and two-family dwellings from being considered one off-street parking
space per family except that any driveway in excess of 10% slope shall
not be considered as off-street parking.
[Added 6-16-2022 by Ord.
No. 606-2022]
Parking spaces may be on the surface of the ground, or within
underground or other garage facilities. Parking requirements may be
met through the operation of either private or public parking garages,
or parking lots. Off-street parking garages may be permitted underground
or within the buildings, provided no more than two entrances and two
exits are placed along the same street within the limits of one block.
[Added 6-16-2022 by Ord.
No. 606-2022]
All minimum requirements for off-street parking shall be met
at the time of erection or enlargement of any main building or structure,
and shall include separate provisions for adequate ingress and egress.
[Added 6-16-2022 by Ord.
No. 606-2022]
The provision of parking spaces shall also include adequate
driveway and necessary turning areas for handling the vehicles for
which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicle. Aisles
providing access to parking spaces shall have the following dimensions:
|
9 feet x 20 feet
|
10 feet by 20 feet
| |||
|---|---|---|---|---|
|
Angle of Parking
|
One-Way Aisle
|
Two-Way Aisle
|
One-Way Aisle
|
Two-Way Aisle
|
|
90°
|
25 feet
|
25 feet
|
22 feet
|
22 feet
|
|
60°
|
18 feet
|
20 feet
|
16 feet
|
20 feet
|
|
45°
|
18 feet
|
20 feet
|
16 feet
|
20 feet
|
|
30°
|
15 feet
|
18 feet
|
13 feet
|
18 feet
|
|
Parallel
|
12 feet
|
18 feet
|
11 feet
|
18 feet
|
Nothing in this Chapter shall require any change in the plans,
construction size or designated use of any building structure, or
part thereof, for which any building permit has been granted before
the enactment of this Chapter, provided that construction from such
plans shall have been started within 60 days of enactment of this
Chapter, and shall be diligently pursued to completion, by continuous
construction activity.
No more than one principal use shall be permitted on one lot,
except as specifically allowed in this Chapter.
No open space provided around any principal building for the
purposes of complying with the front, side, rear or other yard provisions
of this Chapter shall be considered as providing open space for meeting
the same requirements for another principal building.
[Added 6-16-2022 by Ord.
No. 606-2022]
Buffer zones are required in all commercial, manufacturing,
and industrial districts along the district boundaries between themselves
and residential districts, and as otherwise required in this Chapter.
Buffer zones shall comply with the following standards:
a.
The buffer zone shall be measured from the district boundary line
or from the near street line where a street serves as the district
boundary line, or from the line dividing two lots as appropriate.
b.
The buffer zone may be conterminous with required front, side or
rear yards, and in case of conflict, the larger yard requirements
shall apply.
c.
No structure, manufacturing or processing activity, of storage or
materials, parking or loading shall be permitted in the buffer zone.
d.
All buffer zones shall include a dense screen planting of trees,
shrubs, or other materials, or both, as approved by the Planning Board,
the full length of the lot line to serve as a barrier to visibility,
air borne particles, glare and noise. Such screen planting shall be
located within the exterior 10 feet of the buffer zone, and shall
be in accordance with the following requirements:
1.
Plant materials used in the screen planting shall be at least four
feet in height when planted, be of such species as will produce a
complete visual screen of at least six feet in height when mature,
and be of nursery stock, free of insects and disease.
2.
The screen planting shall be maintained permanently and any plant
material which does not live shall be replaced within one year or
one growing season.
3.
The screen planting shall be so placed that at maturity it will be
no closer than three feet to any street or property line.
4.
In accordance with the provisions of subsection 26-23.6a (Storage and Waste Disposal), a clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
5.
The screen planting shall be broken only at points of vehicular or
pedestrian access.
e.
No screen planting shall be required along streets which form district
boundary lines, provided that:
f.
Prior to the issuance of any building permit, complete plans showing
the arrangement of all buffer zones and the placement, species and
size of all plant materials and the placement, size, material, and
type of all fences to be placed in such buffer zone shall be reviewed
by the Construction Official to ascertain that the plans are in conformance
with the terms of this Chapter.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Purposes.
1.
To prevent the excessive construction of improvements in the remainder
of the flood plain.
2.
To prevent encroachment of flood plain which would further obstruct
or constrict the area through which water must pass.
3.
To prevent pollution of watercourses by preventing the placing or
storing of unsanitary or dangerous substances in the flood plain.
b.
Establishment of the Flood Plain. The boundaries of the flood plain
shall be those as established by the Master Plan of the Borough of
Woodbine and as designated Flood Plain on the Zoning Map and as documented
on the Cape May County Comprehensive Plan.
c.
Flood Plain Requirements. Premises in the flood plain may be used
for parks, playgrounds, picnic areas, open space, parking lots, commercial-recreational
uses including restaurants, motels and marinas, and underground utility
installation subject to the following additional restrictions:
1.
Private Sewage Disposal Systems. No part of any private sewage disposal
system shall be constructed or maintained within the flood plain as
herein defined.
2.
Storage of Materials. No materials that can bloat or that are explosive
or that are toxic to humans, animals or vegetation shall be stored
in the flood plain.
3.
Installation of Fill Materials. Fill may be placed within the outer limits of the flood plain only when allowed as a conditional use by the Planning Board. An application for a conditional use shall be accompanied by detailed plans showing existing and proposed conditional certification by a professional engineer that the finished ground floor of the structure is higher than the high-water level, and approval of the proposal by the New Jersey Water Police and Supply Council. If a structure is to be placed on the fill, the plans shall show the structure as well. In considering the application the Planning Board shall determine whether the proposed fill meets the criteria under Section 26-61 (Site Plan Review) and the following additional standards: Fill shall consist of soil or rock materials only. Sanitary landfills shall not be permitted in the flood plain.
4.
Existing Uses. Existing uses may be continued in flood plain areas
as nonconforming uses.
[Added 6-16-2022 by Ord.
No. 606-2022]
No use shall produce a strong dazzling light or a reflection
of a strong dazzling light beyond its lot lines. Exterior lighting
shall be buffered so that glare will not become a nuisance to adjoining
properties or adjoining districts.
[Added 6-16-2022 by Ord.
No. 606-2022]
No use shall produce heat perceptible beyond its lot lines.
Further, no process shall be permitted which will cause the temperature
to rise or fall in any part of ponds, streams, or other watercourses.
[Added 6-16-2022 by Ord.
No. 606-2022]
The sound level of any operation (other than the operation of
motor vehicles or other transportation facilities, operations involved
in the construction or demolition of structures, emergency alarm signals
of time signals) shall not exceed the decibel levels in the designated
octave bands as stated below. The sound-pressure level shall be measured
with a Sound Level Meter and an Octave Band Analyzer that conform
to specifications published by the American Standards Association,
New York, New York.
a.
The maximum permissible sound-pressure levels for smooth and continuous
noise shall be as follows: (all of the decibel levels stated below
shall apply in each case) between the hours of 10:00 p.m. and 7:00
a.m.
|
Frequency Band (Cycles Per Second)
|
Maximum Permitted Sound Pressure Level Decibels
|
|---|---|
|
20 - 75
|
69
|
|
75 - 150
|
54
|
|
150 - 300
|
47
|
|
300 - 600
|
41
|
|
600 - 1,200
|
37
|
|
1,200 - 2,400
|
34
|
|
2,400 - 4,800
|
31
|
|
Above 4,800
|
28
|
b.
If the noise is not smooth and continuous (if the variation of the
noise level involves maximum at intervals of one second or less, it
is to be considered as continuous noise) or it is not radiated at
nighttime, one or more of the corrections below shall be added to
or subtracted from each of the decibel levels given above.
|
Type of operation of Character of Noise
|
Correction In Decibels
|
|---|---|
|
Daytime operation only (7:00 a.m. to 10:00 p.m.)
|
+5
|
|
Noise occurs less than 5% of any one-hour period
|
+5
|
|
Noise is of peculiar character (hum, scream, etc.) or is of
impulsive character (hammering, etc.) (In the case of impulsive noise,
the correction shall apply only to the average pressure during an
impulse, and impulse peaks shall not exceed the basic standards given
above.)
|
-5
|
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground, except tanks or drums of fuel directly
connecting with energy devices, heating or appliances, located and
operated on the same lot as the tanks or drums of fuel.
b.
All outdoor storage facilities for fuel, raw materials and products
and all fuel, raw materials and products stored outdoors shall be
enclosed by an approved safety fence.
c.
No materials or waste shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
d.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
e.
Prohibited Chemicals and Materials.
2.
All storage facilities for deicing chemicals shall be lined to prevent
leaking into the soil, and shall be covered with an impermeable surface
which shields the facility from precipitation.
3.
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.
4.
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.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
No use shall cause earth vibrations or concussions in excess of the
standards outlined below, with the exception of that vibration produced
as a result of construction activity. The standards below are as set
forth in the Table of Frequency Amplitude Relations. Vibrations shall
be expressed as displacement in inches and shall be measured with
a standard three component measuring system, which is a device for
recording the intensity of any vibration in three mutually perpendicular
directions.
|
Frequency of Ground Motion in Cycles Per Second
|
Maximum Amplitude of Ground Motion in Inches Not More Than
|
|---|---|
|
Up to 10
|
0.0305
|
|
20
|
0.0153
|
|
30
|
0.0102
|
|
40
|
0.0076
|
|
50
|
0.0061
|
|
60
|
0.0051
|
[Added 6-16-2022 by Ord.
No. 606-2022]
The regulations of the State of New Jersey Air Pollution Control
Code shall be complied with regarding dust and smoke.
[Added 6-16-2022 by Ord.
No. 606-2022]
Odors shall not be discernible at the lot line or beyond to
such an extent that they become a nuisance.
[Added 6-16-2022 by Ord.
No. 606-2022]
Electric or electronic equipment shall be shielded so there
is no interference with any radio or television reception at the lot
line or beyond the operator's dwelling unit, in the case of multi-family
dwellings, as the result of the operation of such equipment. Electronic
equipment shall be in accordance with FCC standards.
[Added 6-16-2022 by Ord.
No. 606-2022]
All lots being filled and/or cleared shall be cleared of all
debris including brush and tree stumps and be filled with clean fill
and/or top soil to allow complete surface draining of the lot into
local storm sewer systems or natural drainage rights-of-way. No construction
shall be permitted which creates or aggravates water stagnation or
a drainage problem on adjacent properties. Moreover, no person, firm
or corporation shall strip or otherwise remove fill or top soil from
any land area in the Borough unless such activity is in accordance
with all applicable Borough ordinances.
[Added 6-16-2022 by Ord.
No. 606-2022]
All signs placed in the Borough of Woodbine are subject to the
review of the Zoning Officer who will determine that all signs are
in compliance with this section. The regulation of signs under this
section is intended to ensure that the proposed signage is compatible
with current surrounding land uses, creates a more attractive economic
and business climate within the commercial and industrial area of
the Borough, protects and enhances the physical appearance of all
areas, and reduces the distractions, obstructions and hazards to pedestrian
and auto traffic caused by the indiscriminate placement and use of
signs.
All regulations described in this section shall govern and control
the erection, enlargement, expansion, alteration, operation, maintenance,
relocation and removal of all signs within the Borough that are visible
from any street, sidewalk, walkway, and public or private property.
Any signs not permitted in this section are prohibited.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
All illuminated signs are to be illuminated by a shielded or indirect
light source. No illuminated sign is to be placed so as to permit
the beams and/or illumination of such to be directed or beamed upon
adjacent public and/or private property so as to create a nuisance
or traffic hazard. In addition, any illuminated sign that is adjacent
to or across the street from any residence or residential area and
is visible from such, shall be illuminated between the hours of 11:00
a.m. to 7:00 p.m. only, unless the use to which the sign pertains
is open for business past those hours. Internally-lit signs are not
permitted in residential areas.
b.
No sign is to be located so as to by reason of its position, size,
shape, content or color, be confused for, obstruct, impair, obscure,
or interfere with any traffic control sign, signal or device.
c.
No sign, unless publicly owned, shall be placed within or extend
into or over any public right-of-way or easement.
d.
No sign or any part thereof shall be located closer than 10 feet
to any lot line and no greater in height than 20 feet (unless otherwise
noted).
e.
To determine the square footage of any sign, the measurement shall
include the entire display, together with all spaces between letters
and/or symbols, and any artwork, framing or other work clearly a part
of the display area of the sign, but not including the supporting
structure. No sign shall contain more than two sides visible from
any street. Unless otherwise prohibited, all signs may be double-faced
with the maximum area applying to one side. Signs that require posts
or pylons whose surface is being used for advertising purposes shall
include these surfaces in the total sign area.
f.
Signs erected flat against the side of a building shall not extend
above the height of the vertical wall or cornice to which they are
attached nor may they obstruct, project over, or occupy any window
surface required for light and/or ventilation.
g.
Whenever a proposed development is bordered by more than one street,
additional signage may be permitted by the Board in accordance with
the provisions of this section.
h.
All signs shall be located on the same property with the use, firm,
facility, business, product, service or organization they advertise,
unless otherwise provided in this section. Exceptions include: campgrounds,
and similar permitted natural resource-oriented businesses located
off or not visible from a major thoroughfare, shall be permitted up
to two off-premise directional signs no larger than 16 square feet
each, provided such directional signs do not contain advertising and
are restricted to the name of the use and any necessary directions.
i.
All signs shall be of a character and composition harmonious with
the area of the Borough in which the sign is located.
[Added 6-16-2022 by Ord.
No. 606-2022]
All signs are to conform to the structural requirements of the
New Jersey Uniform Construction Code or any other applicable regulation.
Freestanding signs shall be supported by posts or pylons constructed
of concrete, steel, treated wood, or other suitable materials or combination
of same. Posts or pylons are to be securely anchored into the ground
so that the sign will withstand high winds. No guy wires or bracing
is permitted. Signs attached to structures are to be securely anchored
by means of nonrusting metal hardware.
All signs shall be maintained in a safe, secure, and proper
painted condition. Any sign not maintained in such a manner will be
removed at the expense of the permittee if no repairs are performed
within 10 days after a written notice by the Code Enforcement Officer.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The following signs are prohibited in all districts:
1.
Animated or moving signs or signs using blinking, flashing, vibrating,
revolving, flickering, tracer and/or sequential lighting;
2.
Signs using red, yellow or green lights, which would be mistaken
for, or interfere with, the operation of any traffic control signals;
3.
Roof Signs. No sign may be constructed which attaches to or projects
above the roof line;
4.
Portable signs as well as signs on a motor vehicle trailer that are
designated to be parked for advertising or other communication purposes;
5.
Signs advertising real estate has been sold for more than 30 days
past closing;
6.
Signs on a tree or utility pole or painted on or otherwise directly
affixed to any rock, ledge or other natural feature whether on public
or private property;
7.
Signs which contain statements, words or pictures of any obscene
character or nature;
8.
Signs which advertise, identify or pertain to any business no longer
conducted or products no longer sold on premises where sign is located;
9.
Billboards and outdoor, off-site commercial advertising signs, except
as follows:
(a)
Existing lawful billboards and off-site commercial advertising
signs in existence as of January 14, 1981, shall be permitted in the
Pinelands Area, provided they are located outside the FAR District
and the ARR District; and
(b)
Outdoor, off-site signs advertising agricultural commercial
establishments i.e. seasonal garden farm markets, produce stands,
etc. shall be permitted in the Pinelands Area, provided that:
(1)
No more than two signs shall be placed in any one direction
along each road directly approaching the establishment; and
(2)
No sign along a four-lane State or Federal highway shall exceed
50 square feet in area, and no sign along any other road shall exceed
32 square feet in area.
|
Any existing sign which does not conform to this subsection
shall be removed no later than December 30, 2006.
|
b.
The following signs shall be permitted in any zoning district without
a permit unless prohibited by paragraph a. above:
1.
Nonilluminated directional signs which identify parking areas, loading
zones, entrances, exits and similar locations. The signs may include
a business, a logo or professional name but shall not include any
advertising and shall not exceed three square feet in area. The number
of such signs must be approved by the Board.
2.
Temporary or permanent traffic signs installed by the Borough, County
or State.
3.
Warning and no-trespassing signs that do not exceed three square
feet in area.
4.
Name and number plates identifying residence and affixed to a house,
apartment, or mailbox that do not exceed four square feet in area;
freestanding signs for single-family residences indicating the name
and/or address of the occupant that do not exceed four square feet
in area.
5.
Signs posted by government agencies that are pursuant to governmental
statute, order or regulation.
6.
Real estate, housing development and community entrance signs.
(a)
One sign not greater than six square feet, including any attachments,
shall be permitted on any property, lot or building, advertising the
property, lot or building for sale, rent or lease. In the event that
more than one realtor is authorized to advertise the property, lot
or building, each realtor may place one such sign on the property,
lot or building to a maximum of two total signs. Signs advertising
that a property, lot or building has been sold, rented or leased shall
not be permitted, except in the case of an occupied property, in which
case one such sign shall be permitted for a period not to exceed 30
days after closing.
(b)
One sign not greater than 32 square feet shall be permitted
to advertise developments containing four or more lots for sale. Such
signs shall be set back no less than 10 feet from the established
right-of-way line. All development signs shall be removed when 95%
of the lots have been initially sold.
(c)
Public service signs calling attention to the entrance to a
community within the Borough are permitted provided that such signs
do not exceed 32 square feet, do not call attention to any particular
business or organization within the community and are necessary and
desirable, in the opinion of the Board, for the general welfare of
the Borough.
7.
Temporary signs or other advertising material attached to the interior
of a storefront window provided that it is removed within 30 days
and 25% or less of the window is devoted to such use.
8.
Temporary signs for the promotion of a public function or charitable
fundraising event provided that they are not to be erected more than
14 days prior to the first day of the event, and shall be removed
not more than three days after the last day the event has taken place.
Such signs are not to exceed eight square feet in area and six feet
in height.
9.
Political Signs. Political signs are defined as signs which promote
the election of a particular candidate or candidates.
(a)
Such signs are not to exceed 32 square feet in area and eight
feet in height and are to be removed within five days following the
date of the election.
(b)
No political sign shall be erected so as to block from view
any existing sign.
(c)
No political sign shall be erected that restricts or obscures
the view of or for oncoming or intersecting vehicular or pedestrian
traffic.
(d)
No political sign in excess of six square feet as defined herein shall be erected without the expressed written consent of the property owner on which the sign is to be erected. A copy of the expressed written consent of the property owner must be submitted for each such sign location to the Zoning Officer along with the zoning application as required at subsection 26-36.5 (Sign Application Review Procedure).
(e)
The maximum number of political signs in excess of six square
feet permitted in the Borough is five per candidate. Political signs
of six square feet or less are not limited as to number. All political
signs are to be removed within five days following the election.
c.
The following signs are permitted in residential zoning districts
("R1, R2, ARR, FAR"):
1.
Bulletin board signs, provided that they are an accessory to an approved
institutional use. Such signs are not to exceed 12 square feet in
area and four feet in height.
2.
Identification signs, provided that they are an accessory to an institutional
use approved or permitted within a residential zoning district. Such
signs are not to exceed 32 square feet in area and six feet in height.
3.
Business signs that are necessary to a non-conforming commercial
use or a commercial use approved by a variance granted by the Board.
Such signs shall not exceed 12 square feet in area and five feet in
height.
d.
The following signs are permitted in the TC, LIM, DLIM zoning districts:
1.
One sign attached to the main building. Such sign shall not exceed
one square foot for each linear foot of the building face on which
the sign is located. In no case shall such sign exceed 40 square feet
in area, project more than 18 inches from the building facade to which
it is attached, or be closer than eight feet from the ground level
under the sign. Such sign shall have a vertical dimension no greater
than five feet.
2.
In addition to paragraph d,1 above, each individual business or industry
shall be permitted one flat wall sign on the front of the building.
The area of all wall signs for any single business shall be limited
according to the width of the building occupied by such business.
Width shall be measured along the building face on which the sign
is located. One-half square feet of sign area for each linear foot
of building width shall be permitted but shall not exceed 10 square
feet.
3.
One freestanding sign which shall not exceed two square feet in area
for each ten-foot interval of street frontage of the lot on which
the sign is to be located. Such signs shall not exceed 20 feet in
height and shall contain a maximum of 32 square feet in area. Such
sign shall be located a minimum of 50 feet from any residential zoning
district.
e.
Signage for Medical Cannabis Businesses.
1.
Signage for medical cannabis business shall be in accordance with
the standards of this section, in addition to N.J.A.C. 8:64-12.1.
2.
In the absence of any specific sign standards adopted by the Cannabis
Regulatory Commission for other medical cannabis businesses or for
adult use cannabis businesses, the signage standards in the Land Use
Ordinance shall be utilized. Should the Cannabis Regulatory Commission
develop standards, the more stringent of the State or municipal standards
shall prevail.
f.
Temporary/Signs Announcing the Erection of a Building, a Public or
Semi-Public Event.
1.
One temporary sign not greater than 32 square feet shall be permitted
to announce the erection of a building and call attention to the architect,
contractors, sponsors, and other individuals and firms participating
in the construction. Such a sign may be erected for a period of 60
days plus the construction period, after which the sign shall be removed
from the premises.
2.
Temporary signs calling attention to a public or semi-public event
may be permitted provided that such signs shall not exceed an area
of 32 square feet, shall not be erected more than 14 days prior to
the first day of the event, shall be removed not more than three days
after the last day of the event has taken place, and are necessary
in the opinion of the Board for the general welfare of the Borough.
[Added 6-16-2022 by Ord.
No. 606-2022]
All signs, except those in strict compliance with subsection 26-36.4b (Sign Permit Standards) shall require issuance of permits from the Site Plan Review Committee of the Board or from the full Board as provided herein.
a.
All Sign Applications. All signs placed in the Borough of Woodbine
are subject to the review of the Zoning Officer who will determine
that the signs are in compliance with this section, or will require
any variances or waivers from the sign regulations set forth herein.
An application must be filed with the Zoning Officer by submitting
the appropriate application form and providing information relative
to the size, type of sign, detail of the sign(s), hours of illumination
(if illuminated), mounting detail, height above grade and a current
survey by a New Jersey licensed land surveyor indicating the location
of the sign or signs and their relationship to the property lines,
buildings, driveways and right-of-way(s), along with the appropriate
fee(s).
After a determination has been reached by the Zoning Officer,
one of the following applications must be filed with the Board Secretary
by submitting the appropriate application form and providing information
relative to the size, type of sign, detail of the sign(s), hours of
illumination (if illuminated), mounting detail, height above grade
and a current survey by a New Jersey licensed land surveyor indicating
the location of the sign or signs and their relationship to the property
lines, buildings, driveways and right(s)-of-way, along with the appropriate
fee(s).
b.
Minor Sign Applications. For all minor sign applications (i.e. those
which do not require any variances or waivers from the sign regulations
set forth herein), the Site Plan Review Committee of the Board is
authorized to review said applications under a procedure to be established
and to approve or disapprove the applications.
c.
Major Sign Applications. If a sign application requires a variance
or any requests for waivers of requirements, then a formal application
shall be made to the Board for review of the said application. Such
application shall be deemed a major sign application.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
A fee of $40 shall be charged for a minor sign application, which
fee shall be payable to the Board Secretary when the application is
filed.
b.
A fee of $75 shall be paid to the Board Secretary for a major sign
application or an application requiring variance or waivers when the
application is filed.
c.
Sign applications requiring engineering and/or attorney review by
the Board shall also be required to deposit funds for said review
expenses to be held in escrow by the Borough. Applications classified
as major sign applications or applications requiring variances or
waivers shall deposit $500 with the Board Secretary to cover the initial
engineering and attorney review costs.
[Added 6-16-2022 by Ord.
No. 606-2022]
Any sign previously given approval by the Board which otherwise
does not conform to this section shall be deemed a permitted sign,
unless the use for which such sign had been permitted shall have been
abandoned.
[Added 6-16-2022 by Ord.
No. 606-2022]
All development in the Pinelands Area shall comply with the
standards set forth in this section, in addition to all other regulations
of this Chapter. The standards and regulations in this Chapter affable
to the Pinelands Area are intended to be the minimum provisions necessary
to achieve the purposes and objectives of this Chapter and the Pinelands
Protection Act. In the event of a conflict between any provisions,
the stricter provision shall apply.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Uses. No development in the Pinelands Area shall be permitted in
a wetland or wetlands transition area except for the following uses:
1.
Horticulture of native Pinelands species.
2.
Berry agriculture.
3.
Beekeeping.
4.
Forestry.
5.
Fish and wildlife activities and wetlands management in accordance
with N.J.A.C. 7:50-6.10.
6.
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in subsection b. below.
7.
Private docks, piers, moorings and boat launches.
8.
Bridges, roads, trails, and utility transmissions and distribution
facilities and other similar linear facilities provided that:
(a)
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;
(b)
The need for the proposed linear improvement cannot be met by
existing facilities or modification thereof;
(c)
The use represents a need which overrides the importance of
protecting the wetland;
(d)
Development of the facility will include all practical measures
to mitigate the adverse impact on the wetland; and
(e)
The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
b.
Performance Standards. No development in the Pinelands Area, other
than those uses permitted in paragraph a., above, shall be carried
out in a wetland or within 300 feet of a wetland unless the applicant
has demonstrated that the development will not have the effect of
modifying the wetland such that the development will result in a significant
adverse impact on the ecological integrity of the wetland and its
biotic components, including, but not limited to, threatened or endangered
species of plants or animals in one or more of the following ways:
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 wetlands.
4.
An increase in erosion resulting in increased sedimentation in the
wetlands.
5.
A change in the natural chemistry of the ground or surface water
in the wetlands.
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.
|
Determinations under paragraph b. 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.
|
[Added 6-16-2022 by Ord.
No. 606-2022]
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 subsection 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 subsections 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
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
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.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Protection of Threatened or Endangered Wildlife Required. 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.
Protection of Wildlife Habitat. All development shall be carried
out in the Pinelands Area in a manner which avoids disturbance to
distinct fish and wildlife habitats that are essential to the continued
nesting, resting, breeding and feeding of significant populations
of fish and wildlife in the Pinelands.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Permit Required. No forestry in the Pinelands Area of the Borough
shall be carried out by any person unless a permit for such activity
has been issued by the Borough Zoning Officer. Notwithstanding this
requirement, no such permits shall be required for the following forestry
activities:
1.
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
2.
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year;
3.
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted;
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 acres in any one year; and
5.
Prescribed burning and the clearing and maintaining of fire breaks.
b.
Forestry Application Requirements. The information in paragraph b1
or b2 below shall be submitted to the Borough Zoning Officer prior
to the issuance of any forestry permit:
1.
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
2.
For all other forestry applications:
(a)
The applicant's name and address and his interest in the
subject parcel;
(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 description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
(1)
A cover page for the plan containing:
(i)
The name, mailing address and telephone number
of the owner of the subject parcel;
(ii)
The municipality and county in which the subject
parcel is located;
(iii)
The block and lot designation and street address,
if any, of the subject parcel;
(iv)
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
(v)
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
(2)
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, including a description
of the short-term (five years) and long-term (20 years) objectives
for all proposed silvicultural techniques that will be used to manage
the parcel;
(3)
A description of the existing
conditions of the subject parcel and of each forest stand in which
a proposed activity, prescription or practice will occur. These stand
descriptions shall include photographs of each stand taken at eye
level showing the location of all Pinelands Native Forest Types, as
identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity
map that shall include, as appropriate, the following information:
(i)
The number of acres;
(ii)
The general condition and quality of each stand;
(iii)
The overall site quality, relative to the management
goals and objectives identified in paragraph 2(g)(2) above;
(iv)
An inventory and map of Pinelands Native Forest
Types with Native Forest Types broken into "stands," including information
on type, size and volume by species;
(v)
The age of representative trees;
(vi)
The species composition, including overstory,
understory, ground layer structure and composition;
(vii)
The stand cohort composition;
(viii)
The percent cover;
(ix)
The basal area;
(x)
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
(xi)
The condition and species composition of advanced
regeneration when applicable;
(xii)
A stocking table showing the stocking levels,
growth rates and volume;
(xiii)
Projections of intended future stand characteristics
at ten-, twenty-, and forty-year intervals;
(xiv)
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[A]
Stand improvement practices:
[B]
Site preparation practices;
[C]
Harvesting practices;
[D]
Regeneration and reforestation practices;
[E]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[F]
Herbicide treatments;
[G]
Silvicultural treatment alternatives;
[H]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[I]
Implementation instructions; and
[J]
Measures that will be taken to prevent the potential
spread of exotic plant species or Phragmites into wetlands; and
(xv)
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
(4)
A map of the entire parcel which includes the following:
(i)
The owner's name, address and the date the
map was prepared;
(ii)
An arrow designating the north direction;
(iii)
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
(iv)
The location of all property lines;
(v)
A delineation of the physical features such as
roads, streams and structures;
(vi)
The identification of soil types (a separate map
may be used for this purpose);
(vii)
A map inset showing the location of the parcel
in relation to the local area;
(viii)
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
(ix)
A legend defining the symbols appearing on the
map.
(h)
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in subsections 26-43.3e (Vegetation and Landscaping) and 26-43.4a (Fish and Wildlife);
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with subsection 26-43.11;
(j)
A statement identifying the type, location and frequency of
any proposed herbicide treatments and how such treatments will comply
with the standards set forth in paragraph c(9)(b) below;
(k)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(l)
Written comments from the New Jersey State Forester concerning
the extent to which the proposed forestry activities are consistent
with the guidelines provided in the New Jersey Forestry and Wetlands
Best Management Practices Manual developed by the New Jersey Department
of Environmental Protection, dated October 1995, as amended. Any such
comments which indicate that the proposed activities are not consistent
with said Manual must be addressed by the applicant in terms of their
potential impact on the standards set forth in paragraph c below;
and
(m)
A Certificate of Filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
c.
Forestry Standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
1.
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
2.
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site;
3.
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
4.
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in subsections 26-43.3e (Vegetation and Landscaping), and 26-43.4a (Fish and Wildlife). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
5.
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50 6.79, except as expressly authorized
in this section;
6.
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in subsection 26-43.11 (Historic, Archaeological and Cultural Resources);
7.
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic White Cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities;
8.
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
9.
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
(1)
The proposed treatment is identified in the forestry application
submitted to the Zoning Officer pursuant to paragraph b(2)(j) above;
(2)
Control of competitive plant species is clearly necessary;
(3)
Control of competitive plant species by other, non-chemical
means is not practical;
(4)
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
State and Federal requirements; and
(5)
In Pine-Shrub Oak Native Forest Types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak re-sprouting outside
those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands Native Forest Types;
(d)
Disking shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types;
(2)
Disking shall only be permitted in Pine-Shrub Oak Native Forest
Types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
(i)
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
(ii)
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
(3)
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic White Cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
(4)
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
(1)
It shall not be permitted in Pine-Shrub Oak Native Forest Types
or Pine Plains Native Forest Types;
(2)
When used to establish, restore or regenerate Atlantic White
Cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(3)
Root raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands Native Forest Types;
and
(g)
Drum chopping shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
(2)
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic White Cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(3)
It shall adhere to the following procedures:
(i)
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
(ii)
Drums shall remain unfilled when used during the
dormant season;
(iii)
Chop up and down the slope on a parcel so the
depressions made by the cleats and chopper blades run parallel to
the contour of the land to help reduce the occurrence of channeled
surface erosion;
(iv)
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
(v)
Avoid short-radius, 180° turns at the end of
each straight pass.
10.
The following standards shall apply to silvicultural practices for
harvesting:
(a)
Clearcutting shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types;
(2)
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
(3)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clearcut and
the parcel boundaries;
(4)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clearcut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(5)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
(6)
The area of the parcel subject to the clearcut shall have contoured
edges unless the boundary of the clearcut serves as a firebreak in
which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands Native Forest
Types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger coppice cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
(5)
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands Native
Forest Types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years;
(5)
The area of the parcel subject to the seed tree cut shall have
contoured edges unless the boundary of the seed tree cut serves as
a firebreak in which case straight edges may be used;
(6)
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
(7)
Residual seed trees shall be distributed evenly throughout the
parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands Native Forest Types.
11.
The following standards shall apply to silvicultural practices for
forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands Native
Forest Types and shall be required in the Pine Plains Native Forest
Type, except as provided in paragraph 11(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
Native Forest Types provided that:
(1)
The use of non-native cuttings, seedlings or seeds shall not
be permitted;
(2)
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
(3)
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
(4)
When used in Pine Plains Native Forest Types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
12.
Following site preparation and harvesting activities, slash shall
either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
13.
Thinning shall be permitted in all Pinelands Native Forest Types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
14.
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
d.
Forestry Permit Procedures.
1.
Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25.
2.
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant in writing of any additional information which is necessary
to complete the application. Should the Zoning Officer fail to make
such a determination within 14 days, the application shall be considered
to be complete as of the 15th day following its submission.
3.
Within 45 days of determining an application to be complete pursuant
to paragraph d,2. above, or within such further time as may be consented
to by the applicant, the Zoning Officer shall issue a forestry permit
if the activities proposed in the application comply with the standards
in paragraph c. above or disapprove any application which does not
meet the requirements of paragraph c. above. Any such notice of disapproval
shall specifically set forth the deficiencies of the application.
4.
Upon receipt of a notice of disapproval pursuant to paragraph d3
above, the applicant shall have 30 days in which to correct the deficiencies
and submit any necessary revisions to the application to the Zoning
Officer for review. The Zoning Officer shall review the revised application
to verify conformity with the standards in paragraph c, above and
shall, within 14 days of receipt of the revised application, issue
a forestry permit or disapprove the application pursuant to paragraph
d3 above.
5.
Failure of the Zoning Officer to act within the time period prescribed
in paragraphs d3 and 4 above shall constitute approval of the forestry
application as submitted. At the request of the applicant, a certificate
as to the failure of the Zoning Officer to act shall be issued by
the municipality and it shall be sufficient in lieu of the written
endorsement or other evidence of municipal approval required herein.
6.
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in subsections 26-65.4 (Notices to the Pinelands Commission) through 26-65.7 (Effects of Pinelands Commission's Decision on Borough Approval).
7.
Forestry permits shall be valid for a period of 10 years. Nothing
in this subsection shall be construed to prohibit any person from
securing additional permits, provided that the requirements of this
Chapter and the Pinelands Comprehensive Management Plan are met.
e.
Administrative Fees. Upon the issuance of a forestry permit pursuant
to paragraph d,3. above, the applicant shall be required to pay a
sum of $250 which shall serve as reimbursement for any administrative
costs incurred by the municipality during the ten-year permit period.
The applicant shall not be subject to any additional fees or escrow
requirements for the duration of the forestry permit.
f.
Notification of Harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours'
written notice of the intention to begin harvesting operations.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
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.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Minimum Standards for Point and Nonpoint Source Discharges. The following
point and nonpoint source discharges may be developed or operated
in the Pinelands Area:
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 a2 through a6 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 groundwater exiting from the parcel of land or
entering a surface body of water will not exceed two parts per million
nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept
and treat seepage; and
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into groundwater.
2.
Development of new wastewater treatment or collection facilities
which are designed to improve the level of nitrate/nitrogen attenuation
of more than one existing on-site wastewater treatment system where
a public health problem has been identified may be exempted from the
standards of paragraph a1(b) 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 development;
(c)
Adhering to paragraph a1(b) 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 groundwater exiting from the parcel or entering
a surface body of water exceed five 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) li.;
(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 parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
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 parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph a4(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 subsection 26-75.9 (Density Transfer Program) or 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 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 feet;
(e)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(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 to be used 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 a4(a) and a4(c) through
(h) above are met;
(b)
If the proposed development is non-residential and located in
the FAR or ARR zoning districts, the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met; and
(c)
The design of the system and its discharge point, and the size
of the entire contiguous parcel on which the system or systems is
located will ensure that ground water exiting from the entire contiguous
parcel or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen, calculated pursuant to the Pinelands
dilution model dated December, 1993, as amended, subject to the provisions
of paragraph a4(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 Section 609 and N.J.A.C. 7:50-5.47.
(d)
All Pinelands alternate design wastewater treatment systems
in active use shall be equipped with a functioning alarm system that
conforms to the requirements at N.J.A.C. 7:50-6.84(a)5iv(2)(G) and
shall be covered under a renewable operation and maintenance contract
that conforms to the requirements at N.J.A.C. 7:50-6.84(a)5iv(2)(K),
for as long as the system is in active use.
6.
Surface water runoff, provided that:
(a)
The total runoff generated from any net increase in impervious
surfaces by a ten-year storm of a twenty-four 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;
(b)
The rates of runoff generated from the parcel by a two-, ten-
and 100-year storm, each of a twenty-four-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;
(c)
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;
(d)
Excessively and somewhat excessively drained soils, as defined
by the Soil Conservation Service, should be avoided for recharge of
runoff wherever practical;
(e)
A minimum separation of two feet between the elevation of the
lowest point of the bottom of the infiltration or detention facility
and the seasonal high-water table is met, or a lesser separation when
it is demonstrated that the separation, either due to soil conditions
or when considered in combination with other stormwater management
techniques, is adequate to protect ground water quality; and
(f)
A four-year maintenance guarantee is provided for the entire
stormwater management system by the applicant. In addition, the applicant
shall fund or otherwise guarantee an inspection and maintenance program
for a period of no less than 10 years. 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.
7.
Alternate Design Pilot Program Treatment Systems, provided that:
(a)
The proposed development to be served by the system is residential
and 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 parts
per million nitrate/nitrogen, calculated pursuant to the Pinelands
dilution model dated December, 1993, as amended, subject to the provisions
of paragraph (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
Section 609 or 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 proposed, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, or less by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high-water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquicide, in which case the well shall be cased to at least 50 feet;
(f)
No more than 10 alternate design pilot program treatment systems
utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single-family
dwelling;
(g)
Each system shall be equipped with a functioning alarm system
that conforms to the requirements at N.J.A.C. 7:50-6.84(a)5iv(2)G;
(h)
Each system shall be designed and constructed so that samples
of effluent leaving the alternate design pilot program septic system
can be readily taken to confirm the performance of the technology;
(i)
The manufacturer or its agent shall provide to each owner an
operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by an initial five-year warranty
and a renewable, minimum five-year maintenance contract consistent
with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot
be arbitrarily cancelled and which includes a provision requiring
that the manufacturer or its agent inspect the system at least once
a year and undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time; and
(k)
The property owner shall record with the deed to the property
a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi
that identified the technology, acknowledges the owner's responsibility
to operate and maintain it in accordance with the manual required
in paragraph (i) above, and grants access, with reasonable notice,
to the local board of health, the Commission and its agents for inspection
and monitoring purposes. The recorded deed shall run with the property
and shall ensure that maintenance requirements are binding on any
owner of the property during the life of the system and that the monitoring
requirements are binding on any owner of the property during the time
period of the monitoring requirements apply pursuant to the pilot
program or any subsequent regulations adopted by the Commission that
apply to said system.
b.
Individual Wastewater Treatment Facility.
1.
The owner of every on-site conventional septic wastewater treatment
facility installed after the effective date of this section, in the
Pinelands Forest Area District shall, as soon as a suitable septage
disposal facility capacity is available, in accordance with the provisions
of Chapter 326 of the Solid Water Management Act, N.J.S.A. 13:1E-1,
et seq. and Section 201 of the Clean Water Act:
(a)
Have the facility inspected by a qualified technician at least
once every three years;
(b)
Have the facility cleaned at least once every three years;
(c)
Once every three years submit to the Borough a sworn statement
that the facility has been inspected and cleaned, setting forth the
name of the person who performed the inspection and cleaning and the
date of such inspection.
2.
The owner of every commercial petroleum storage tank shall have the
tank pressure tested at installation and every five years thereafter
and shall submit a sworn statement to the Woodbine Borough Construction
Official that the tank is watertight.
d.
General.
1.
All development shall be designed and carried out so that the quality
of surface and groundwater will be protected and maintained. Agricultural
use shall not be considered development for purposes of this subsection.
2.
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.
3.
No developments shall be permitted which do not meet the minimum
water quality and potable water standards of the State of New Jersey
or the United States.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Scenic Corridors. Except for those roads which provide for internal
circulation within residentially developed areas, all public, paved
roads and all navigable streams and all lakes and ponds in the Forest
Agricultural Residential District and that portion of the ARR Districts
along the Dennisville-Woodbine Road from the Woodbine-Dennis Township
municipal boundary to its intersection with Hamilton Avenue, shall
be considered scenic corridors.
b.
Special Requirements for Scenic Corridors.
1.
Except as otherwise provided in this subsection, no permit shall
be issued for development on a scenic corridor other than for agricultural
product sales establishments unless the applicant demonstrates that
all buildings are set back at least 200 feet from the centerline of
the corridor.
2.
If compliance with the 200-foot setback is constrained by environmental or other physical considerations, such as wetland, or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of subsection 26-43.3 (Vegetation and Wildlife) so as to provide screening from the corridor.
3.
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then the setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of subsection 26-43.3 (Vegetation and Wildlife) so as to provide screening between the building and the corridor.
c.
Motor Vehicle Screening and Storage. No more than 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 and scenic corridors.
All vehicles not in operating condition shall be stored only if the
gasoline tanks of such vehicles are drained. This subsection shall
not apply to vehicles which are in operating condition and which are
maintained for agricultural purposes.
d.
Location of Utilities.
1.
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.
2.
Above-ground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with subsection 26-43.3 (Vegetation and Wildlife).
3.
All electric transmission lines shall be located on existing towers
or underground to the maximum extent practical.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The following vegetation classifications shall be used in determining
the fire hazard of a parcel of land:
|
Hazard
|
Vegetation Type
|
|---|---|
|
Low
|
Atlantic White Cedar Hardwood Swamps
|
|
Moderate
|
Non-pine barrens forest Prescribed burned areas
|
|
High
|
Pine barrens forest including mature forms of pine, pine-oak
or oak-pine
|
|
Extreme
|
Immature or dwarf forms pine-oak or oak-pine; all classes of
pine; all classes of pine-scrub oak and pine-low land
|
b.
No development shall be carried out in the Pinelands Area in vegetated
areas which are classified as moderate, high or extreme hazard under
the Fire Hazard Classification set out in paragraph a. above unless
such development complies with the following standards:
1.
All proposed developments or units or sections thereof, of 25 dwelling
units or more, will have two access ways of width and surface composition
sufficient to accommodate and support firefighting equipment;
2.
All dead-end roads will terminate in an area adequate to provide
ingress and egress for firefighting equipment;
3.
The rights-of-way of all roads will be maintained so that they provide
an effective fire break;
4.
5.
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant materials
such as asphalt rag felt roofing, tile, slate, asbestos cement shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingles
or shake type roofs are prohibited in high or extreme fire hazard
areas;
(b)
All projections such as balconies, decks, and roof gables shall
be constructed of fire-resistant materials or materials treated with
fire retardant chemicals;
(c)
Chimneys and stovepipes which are designed to burn solid or
liquid fuels shall be equipped with screens over the outlets;
(d)
Flat roofs are prohibited in areas where vegetation is higher
than the roof.
6.
All residential development of 100 dwelling units or more in high
or extreme hazard areas will have a 200-foot perimeter fuel break
between all structures in 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 a maximum extent practical; and
(d)
There is a specific program for maintenance.
[Added 6-16-2022 by Ord.
No. 606-2022]
All proposed development within the Pinelands Area conforms
to the following requirements:
a.
No motor vehicle other than fire, police or emergency vehicles or
those vehicles used for the administration or maintenance of any public
land shall be operated upon publicly owned land within the Pinelands
Area. Other motor vehicles may operate on public lands for recreational
purposes on public highways and areas on land designated prior to
August 8, 1980 for such use by the State of New Jersey until designated
as inappropriate for such use by the Pinelands Commission.
b.
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication,
"Administration Guidelines: Barrier-Free Design Standards for Parks
and Recreational Facilities."
c.
Improved bicycling facilities shall be provided only in conjunction
with paved roads.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The Planning Board shall exercise all the powers and perform all
the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations
to the Borough Council for designation of historic resources, in accordance
with N.J.S.A. 40:55D-1 et seq., which are determined to be significant
pursuant to subsection 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 development
in the AA, AB, DLIM, INST, R1, R2, RD, TC and Pinelands Area portion
of the LIM District and all applications for major development in
order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the "Cultural Resource Management Plan," dated April 1991, as
amended. In general, the survey shall include: a statement as to the
presence of any properties listed on the National and State Registers
of Historic Places on the site or within the area of the project's
potential environmental impacts; a thorough search of State, local
and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; a 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 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 subsection 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 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-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).
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Resource Extraction Application Requirements. Except as otherwise
authorized in this Chapter, the extraction or mining of mineral resources
other than sand, gravel, clay, and ilmenite is prohibited.
Any application filed for approval of resource extraction operations
in the Pinelands shall include at least the following information:
1.
The applicant's name and address and his interest in the subject
property;
2.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
3.
The legal description, including block and lot designation and street
address, if any, of the subject property;
4.
A description of all existing uses of the subject property;
5.
A brief written statement generally describing the proposed development;
6.
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 zoning designation are
shown;
7.
A topographic map at a scale of one-inch equals 200 feet, showing
the proposed dimensions, location and operations on the subject property;
8.
The location, size and intended use of all buildings;
9.
The location of all points of ingress and egress;
10.
A location map, including the area extending at least 300 feet
beyond each boundary of the subject property, showing all streams,
wetlands and significant vegetation, forest associations and wildlife
habitats;
11.
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
12.
A soils map;
13.
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule;
14.
A signed acknowledgment from both the owner and the applicant
that they are responsible for any resource extraction activities which
are contrary to any provision of this Chapter or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant;
15.
A financial surety, guaranteeing performance of the requirements
of paragraph c. hereof in the form of a letter of credit, certified
check, surety bond or other recognized form of financial surety acceptable
to the Municipal Attorney. The financial surety shall be equal to
the cost of restoration of the area to be excavated during the two-year
duration of any approval which is granted and in no event shall it
be less than 10% of the commercial value of the material to be extracted.
The financial surety, which shall name the Commission and the Borough
of Woodbine as the obligee, shall be posted by the property owner
or his agent with the Municipal Attorney;
16.
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
b.
Time Limit on Board Approval. Board approvals authorizing resource
extraction shall be effective for a period of two years. Additional
approvals shall be considered by the Board only if the requirements
of this section have been met.
c.
Resource Extraction Standards. Resource extraction activities shall:
1.
Be designed so that no area of excavation, sedimentation on pond,
storage area equipment or machinery or other structure or facility
is closer than:
2.
Be located on a parcel of land at least 20 acres;
3.
Provide that all topsoil that is necessary for restoration will be
stored on the site and will be protected from wind or water erosion;
4.
Be fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads;
5.
Provide ingress and egress to the resource extraction operation from
public roads by way of gravel or porous paved roadways;
6.
Be designed so that the surface runoff will be maintained on the
parcel in a manner that will provide for on-site recharge to ground
water;
7.
Not involve excavation below the seasonal high water table, unless
the excavation will serve as a recreational or wildlife resource or
a water reservoir for public, agricultural or industrial uses or for
any other use authorized in the zoning district in which the site
is located; provided that in no case shall excavation have a depth
exceeding 65 feet below the natural surface of the ground existing
prior to excavation unless it can be demonstrated that a depth greater
than 65 feet will result in no significant adverse impact relative
to the proposed final use or on off-site areas;
8.
Be carried out in accordance with an extraction schedule which depicts
the anticipated sequence, as well as the anticipated length of time,
that each of the twenty acre units of the parcel proposed for extraction
will be worked. This shall not preclude more than twenty acre unit
from being worked at any one time, provided that there is a demonstrated
need for additional units, restoration is proceeding on previously
mined units and the area of clearing does not exceed that specified
in paragraph c9 below;
9.
Not involve clearing adjacent to ponds in excess of 20 acres or an
area necessary to complete scheduled operations; or will not involve
unreclaimed clearing exceeding 150 acres for surface excavation at
any time.
10.
Involve restoration of disturbed areas at the completion of
the resource extraction operation in accordance with the following
requirements:
(a)
Restoration shall be a continuous process, and each portion
of the parcel shall be restored such that the ground cover be established
within two years and tree cover established within three years after
resource extraction is completed for each portion of the site mined;
(b)
Restoration shall proceed in the same sequence and time frame
set out in the extraction schedule required in the application;
(c)
All restored areas shall be graded so as to conform to the natural
contours of the parcel to the maximum extent practical; grading techniques
that help to control erosion and foster revegetation shall be utilized;
the slope of surface of restored surfaces shall not exceed one-foot
vertical to three feet horizontal except as provided in paragraph
c10(f) below;
(d)
Topsoil shall be restored in approximately the same quality
and quantity as existed at the time the resource extraction operation
was initiated. All topsoil removed shall be stockpiled and used for
the next area to be restored, unless it is immediately reused for
reclamation that is currently underway;
(e)
Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated;
(f)
Any body of water created by the resource extraction operation
shall have a shoreline not less than three feet above and three feet
below the projected average water table elevation. The shoreline both
above and below the surface water elevation shall have a slope of
not less than five feet horizontal to one-foot vertical. This requirement
shall apply to any water body or portion of a water body created after
December 5, 1994. For any water body or portion of a water body created
prior to December 5, 1994, this requirement shall apply to the extent
that it does not require grading of areas which have not been disturbed
by mining activities. Where grading would require such disturbance,
a reduction in the distance of the graded shoreline above and below
the average water table elevation shall be permitted;
(g)
All equipment, machinery and structures, except for structures
that are usable for recreational purposes or any other use authorized
in the area, shall be removed within six months after the resource
extraction operation is terminated and restoration is completed;
(h)
Reclamation shall to the maximum extent practical result in
the reestablishment of the vegetation association which existed prior
to the extraction activity and shall include:
(1)
Stabilization of exposed areas by establishing
ground cover vegetation; and
(2)
Reestablishment of the composition of the natural
forest and shrub types that existed prior to the extraction activity
through one of the following:
(i)
The planting of a minimum of 1,000 one-year-old
pitch pine seedlings or other native Pinelands tree species per acre
in a random pattern;
(ii)
Cluster planting of characteristic Pinelands oak
species, such as blackjack oak, bear oak, chestnut oak, and black
oak, and shrubs such as black huckleberry, sheep laurel and mountain
laurel, at a spacing sufficient to ensure establishment of these species;
(iii)
A combination of the planting techniques set
forth in items (i) and (ii) above; or
(iv)
The use of other planting techniques or native
Pinelands species as may be necessary to restore the vegetation association
which existed prior to the extraction activity.
(i)
Slopes beyond a water body's shoreline shall be permitted
at the natural angle of repose to the bottom of the pond.
11.
Not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map appearing as Figure 7.1
in the Pinelands Comprehensive Management Plan.
12.
The letter of credit, surety bond, or other guarantee of performance
which secures restoration of each section shall be released after
the Borough of Woodbine has determined that the requirements of paragraph
10 above are being met and the guarantee of performance is replaced
with a maintenance guarantee for a period of two years thereafter.
[Added 6-16-2022 by Ord.
No. 606-2022]
Waste management facilities shall only be permitted in the Pinelands
Area in accordance with N.J.A.C. 7:50-6.
[Added 6-16-2022 by Ord.
No. 606-2022]
All development shall be carried out in a manner which promotes
energy conservation. Such measures may include southern orientation
of buildings, landscaping to permit solar access and the use of energy
conserving building materials.
[Added 6-16-2022 by Ord.
No. 606-2022]
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 subsection
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.
a.
Applications for the following developments 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:
1.
Residential development of 50 or more units and any other development
involving more than 100 parking spaces located in the AA, AB, DLIM,
INST, R1, R2, RD, or TC districts or in the Pinelands Area portion
of the LIM District; and
2.
Residential development of 100 or more units and any other development
involving more than 300 parking spaces located in the ARR or FAR District.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
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.
b.
Pinelands Development Credits may be used in the Borough in the following
circumstances:
1.
When a variance for cultural housing is granted by the Borough in accordance with subsection 26-75.8b (Cultural Housing);
2.
When a variance of density or minimum lot area requirements for a
residential or principal nonresidential use in the AA, AB, DLIM, INST,
R1, R2, RD, or TC districts or in the Pinelands Area portion of the
LIM District is granted by the Borough, Pinelands Development Credits
shall be used for all dwelling units or lots in excess of that otherwise
permitted without the variance; and
3.
When a waiver of strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
c.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands
Development Credits are either allocated or used in the Borough.
[Added 6-16-2022 by Ord.
No. 606-2022]
Site plan review provides the Planning Board (or Zoning Board
in certain cases) with the opportunity to review development proposals
before the issuance of a construction permit. The review process ensures
that all elements of the proposed development will meet the requirements
of the Zoning Chapter and that the end product will not adversely
affect surrounding properties or cause problems on the site.
[Amended 6-16-2022 by Ord. No. 606-2022]
The Planning and Zoning Boards have certain overlapping powers
designated to expedite the review process. Their respective responsibilities
are outlined below:
a.
Powers of the Planning Board.
1.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
2.
The Planning Board shall have the power to act in lieu of the Board
of Adjustment and subject to the same extent and restrictions as the
Board of Adjustment on the following matters. (Whenever relief is
requested pursuant to this section, public notice shall be given by
the applicant at his expense, which shall include reference to the
request for a variance or direction for issuance of a permit, as the
case may be):
(a)
Grant variances pursuant to N.J.S.A. 40:55D-60(c).
(b)
Direct pursuant to N.J.S.A. 40:55D-34, issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(c)
Direct pursuant to N.J.S.A. 40:55D-36 issuance of a permit for
a building or structure not related to a street.
b.
Board of Adjustment Action in Lieu of Planning Board.
1.
The Board of Adjustment shall have the power to grant, to the same
extent and subject to the same restrictions as the Planning Board,
site plan approval when reviewing an application for approval of a
"use variance" pursuant to N.J.S.A. 40:55D-70d.
2.
Whenever relief is requested pursuant to this subsection public notice
shall be given by the applicant at his expense which shall include
reference to the request for a variance.
[Added 6-16-2022 by Ord.
No. 606-2022]
No construction permit shall be issued for any parking lot designed
for four or more vehicles, new structure, or modification/addition
to an existing parking lot or structure until the site plan has been
reviewed and approved by the Planning Board (or Zoning Board) except
that: (1) a construction permit for a single or two-family dwelling
and its accessory building(s) on a lot shall not require site plan
approval; and (2) any addition or alteration to an existing conforming
nonresidential structure which does not account for more than 10%
additional lot coverage shall not require site plan approval if, in
the opinion of the Construction Official, such addition or alteration
will not create nuisance problems to adjacent land uses. Where site
plan approval is required, the Planning Board (Zoning Board) shall
review the proposal, determine whether or not the applicable standards
provided by this Chapter have been observed, note objections to such
parts of the plans as do not meet the standards, suggest corrections
and recommend desired changes to effect compliance with the chapter,
and be satisfied that the site plan represents the most desirable
alternative for development of the site in compliance with the chapter,
and when satisfied that the site plan complies with the requirements
of this Chapter, shall approve the site plan.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Application Procedure for Preliminary Site Plan Approval.
1.
The developer shall submit eight sets of applications and plans to
the Secretary of the Planning Board at least 21 days before the meeting
at which discussion is desired, together with eight completed copies
of the application form and the application fee. The Secretary of
the Planning Board shall distribute one copy of the application and
plans to the Zoning Officer, who shall review the application.
2.
The Zoning Officer shall report to the Secretary of the Planning Board within three working days after receipt of the material. If the application does not require a variance or if relief can be granted by the Planning Board pursuant to subsection 26-61.2a (Jurisdiction of Responsibility During Site Plan Review), the Planning Board Secretary shall direct the application to the Planning Board for review.
If the application for development requires a variance for a
structure or use not permitted in the zoning district, for relief
as provided for in N.J.S.A. 40:55D-70(d) or other relief which cannot
be granted by the Planning Board pursuant to this Chapter, the Secretary
of the Planning Board shall direct the site plan application to the
Zoning Board of Adjustment for relief. If the proposed development
requires approval by the Zoning Board of a variance pursuant to N.J.S.A.
40:55D-70(d), the Zoning Board shall conduct site plan review simultaneously
with the variance request or other variances in accordance with N.J.S.A.
40:55D-76. Other forms of relief must be considered without the Zoning
Board conducting site plan review. In such case(s), site plan review
will be conducted by the Planning Board after the Zoning Board has
made a determination regarding the variance request.
3.
The Secretary of the Planning Board shall notify the developer at least 14 days prior to the meeting at which the application will be discussed to inform the applicant whether the Planning or Zoning Board will conduct the site plan review, and whether the developer will be required to give public notice of the meeting as required under subsections 26-61.2a and 26-61.2b (Jurisdiction of Responsibility During Site Plan Review). (See Ord. No. 213 for Public Notice Requirements.)
4.
The Secretary of the Planning Board shall retain one copy of the
application and plans which shall remain on file for public inspection
and immediately distribute the remaining copies as follows:
(a)
Planning Board — one copy of application and plan (in
all cases).
(b)
Planning Consultant — one copy each (if applicable).
(c)
Zoning Board of Adjustment — one copy each (only the Board
of Adjustment will act on plans).
(d)
Township Engineer — one copy each.
(e)
Cape May County Planning Board — one copy each (when required
for County review).
(f)
All remaining copies to appropriate Borough Board (Zoning or
Planning).
5.
The appropriate Board Secretary shall notify the developer within
45 days after the application is submitted to the Planning Board Secretary
as to whether the application is complete or incomplete in terms of
the requirements of this Chapter. If an application is found to be
incomplete, the applicant shall be notified in writing of the deficiencies
therein by the appropriate Board Secretary, or such Board's designee.
If the appropriate Board shall fail to so notify the developer within
the time period, the application shall be deemed to be properly submitted.
6.
The Planning Board (Zoning Board), when acting upon applications
for site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of the provision for site
plan review if the literal enforcement of one or more provisions of
the site plan review requirements of the ordinance is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
b.
Preliminary Approval.
1.
Upon submission to the Planning Board Secretary of a complete application
for a site plan which involves 10 acres of land or less, or 10 dwelling
units or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application which involves more than 10 acres, or more
than 10 dwelling units, the Planning Board shall grant or deny approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise, the Planning
Board shall be deemed to have granted preliminary approval of the
site plan. Where the Zoning Board shall act in lieu of the Planning
Board pursuant to N.J.S.A. 40:55D-76, approval or denial of the plan
shall be made within the time periods set forth therein.
2.
All decisions of the appropriate Board shall be made by written resolution,
following conclusion of any required public hearing, pursuant to N.J.S.A.
40:55D-12.
3.
In the Pinelands Area, in addition to such other notices as the applicant shall, by law or Borough ordinance, be required to give, the applicant shall notify the Pinelands Commission in accordance with subsection 26-65.4 (Notices to the Pinelands Commission).
4.
Should major revisions to the plan be necessary including substantial
amendments in the layout of improvements proposed by the developer,
the Planning Board (Zoning Board) shall require that an amended application
be submitted and processed upon as in the case of the original application
for development.
5.
In the Pinelands Area, the approval granted by the Planning Board (Zoning Board) in subsection 26-61.4c shall not take effect and no development shall be carried out until the provisions of subsection 26-65.4 (Notices to the Pinelands Commission) and subsection 26-65.5 (Review by Pinelands Commission) have been met.
c.
Minor Site Plan Approval.
1.
The Planning Board is hereby authorized to waive notice and public
hearing for an application for development, in accordance with N.J.S.A.
40:55D-46.1, if the Planning Board or its designated subcommittee
finds that the application for development conforms to the definitions
of minor site plan, as set forth in N.J.S.A. 40:55D-5.
2.
If so determined, final decision on same shall be made in accordance
with and pursuant to N.J.S.A. 40:55D-46.1.
d.
Conditional Approval. Whenever the development proposed by an application
for site plan approval requires an approval by a governmental agency
(other than the Planning or Zoning Boards), the local approval shall
be conditioned upon the subsequent approval of such governmental agency.
Such additional approvals include, but are not limited to:
1.
New Jersey Department of Environmental Protection for Coastal Area
Facilities Review Permit (N.J.S.A. 13:19-1, et seq.)
2.
New Jersey Department of Environmental Protection for a Wetlands
Permit (N.J.S.A. 12:9A-1, et seq.).
3.
Soil Conservation Service approval for soil sedimentation and erosion
control plans (P.S. 1975, Chapter 251).
4.
New Jersey Pinelands Commission review of development pursuant to subsections 26-65.6 (Condition of Prior Approvals by Approval Agency) and 26-65.7 (Effect of Pinelands Commission's Decisions on Borough's Approval).
5.
Such other agencies as the Board may require.
e.
Site Plan Details Required for Preliminary Approval. The preliminary
site plan shall be based on tax map information or some other similarly
accurate base and shall be neatly and accurately drawn to scale. The
following information shall be included:
1.
The layout of the building or buildings indicating type of extension
walls and space allocated for various uses.
2.
If more than one building, the arrangements of the total number of
buildings on the parcel or tract.
3.
Off-street parking facilities.
4.
Internal traffic circulation.
5.
Identification of service facilities.
6.
Pedestrian walks.
7.
Loading and/or unloading areas.
8.
Topographic conditions.
9.
Location of buffer zone(s), if required.
10.
Landscaping and screening (including existing trees, trees to be planted, and removal of existing trees). For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in subsection 26-43.3d (Vegetation and Landscaping).
11.
A traffic discussion (on-site and/or off-site) — if area abuts
a collector or arterial street.
12.
Approximate time schedule for completion of construction and site
improvements.
13.
The proposed location of all drainage, sewerage and water facilities.
It must be shown that storm water run-off from the site is so controlled
that off-site is neither caused nor worsened.
f.
Environmental Evaluation. An environmental assessment statement shall
be submitted to the Secretary of the Planning Board (Zoning Board)
by the developer addressing points 1 through 10, below at least 10
days prior to the Board meeting at which the project will be reviewed
by the Board. The statement shall include an evaluation of the impact
of the construction upon the ecological, cultural and aesthetic environment
of the Borough. The following points shall apply to all subdivisions
supporting or capable of supporting 10 or more housing units and all
industrial uses, all planned industrial and commercial use, and all
developed shopping centers in the TC zoning district. Specific points
to be covered in the report are as follows:
1.
Does the project have a significant impact upon the environment?
2.
Is the project controversial?
3.
Does the project impact on existing community standards of living?
4.
Is the construction situated on land which because of its natural
beauty and wilderness state has potential for recreation or park development
and would the damage to the environment and loss of aesthetics incurred
through construction of the development substantially reduce the potential
and cause an unwarranted burden on the surrounding community?
5.
Does the development have a cumulative effect when compared to the
number of other projects proposed in the existing area, and does the
development fit into the overall proposed or adopted master plan of
the area?
6.
Is there, as a result of the development, an irreversible commitment
of natural resources such as water, gas and electricity? Signed statements
from the managers of the various utilities affected should be incorporated
into the report assuring existing communities that the new development
will (1) have no effect on the current services supplied to those
communities, and (2) result in no undue cost burden to the existing
communities for expansion of the necessary service facilities for
the new construction.
7.
If forested area is to be damaged or cleared, does the construction
interfere with any select stands of native forested trees, and is
there any serious influence on the natural wildlife in the area?
8.
All changes in natural runoff and the ultimate disposal of the storm
waters collected within the development should be discussed in detail.
The environmental effects of the storm water discharges and the location
of the discharge points should be discussed in detail to ensure no
serious flooding conditions or substantial increases in health hazards
or flooding over existing conditions would occur to the surrounding
communities.
9.
All increases in air pollution, noise levels and other environmental
quality changes that might result through clearing of land and increased
traffic patterns should be specifically delineated in the report.
10.
All methods of construction to be used in the building of the development
should be specifically delineated and restraints set out to avoid
any adverse effects during the construction project upon surrounding
communities. This would include access roads for truck vehicles and
methods to eliminate blowing of dust and dirt and control noise during
the construction period.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Application Procedure for Final Site Plan Approval.
1.
The developer shall submit eight sets of plans to the Secretary of
the Planning Board at least three weeks before the meeting at which
discussion is desired, together with eight completed copies of the
application form.
2.
The Secretary of the Planning Board shall immediately distribute
copies of the plans and application as follows:
(a)
Planning Board — one copy each (in all cases).
(b)
Zoning Board — one copy each (only in those cases where
preliminary approval was granted by the Zoning Board).
(c)
Zoning Officer — one copy each.
(d)
Planning Consultant — one copy each.
(e)
Township Engineer — one copy each.
(f)
Cape May County Planning Board — one copy each (when required
for county purposes).
(g)
All remaining copies to the Borough Zoning or Planning Board,
as appropriate.
3.
The municipal agency (Planning or Zoning Board) which acted on the
preliminary site plan shall conduct final site plan review. Final
site plan approval shall be granted or denied within 45 days after
submission of a complete application to the Planning Board Secretary,
or within such further time as may be consented to by the applicant,
or, in the case of Zoning Board review, within such other time as
provided by law. Failure of the Planning (or Zoning) Board to act
within the required time shall constitute final approval.
4.
Whenever the development proposed by an application for site plan
approval requires an approval by a governmental agency (other than
the Planning or Zoning Boards), the local approval shall be conditioned
upon the subsequent approval of such governmental agency. Such additional
approvals include, but are not limited to:
(a)
New Jersey Department of Environmental Protection for Coastal
Area Facilities Review Permit (N.J.S.A. 13:19-1, et seq.).
(b)
New Jersey Department of Environmental Protection for a Wetlands
Permit (N.J.S.A. 13:9A-1, et seq.).
(c)
Soil Conservation Service approval for soil sedimentation and
erosion control plans (P.S. 1975, Chapter 251).
(d)
Cape May County Planning Board approval of site plan (N.J.S.A.
40:27-6.6).
b.
Public Hearing for Final Site Plan Approval. Within 45 days after the developer has submitted a complete application, a public hearing for final approval shall be held by the Planning Board (Zoning Board) in accordance with N.J.S.A. 40:55D-10 as amended. In the Pinelands Area, the applicant shall notify the Pinelands Commission in accordance with subsection 26-65.4a (Notices to the Pinelands Commission). The Planning Board (Zoning Board) may continue the hearing provided, however, that in any event, the Planning Board (Zoning Board) concludes the public hearing(s) and acts on the application 45 days after the date of its proper submission or within such further time as may be consented to by the developer, or as may be provided by law.
c.
Findings of the Public Hearing. Following the conclusion of the public
hearing, the Planning Board (Zoning Board) by written resolution,
shall take action on the application in one of the following ways:
1.
The Planning Board (Zoning Board) may grant final approval to the
plan as submitted;
2.
The Planning Board (Zoning Board) may deny approval; or
3.
If the developer proposes major revisions to the approved preliminary
plan, the Planning Board (Zoning Board) shall request an amended application
which shall be submitted and proceeded upon as in the case of the
original preliminary application for development.
4.
In the Pinelands Area, the approval granted by the Planning Board (Zoning Board), in subsection 26-61.5c, 1 or 2 shall not take effect and no development shall be carried out until the provisions of subsection 26-65.4b (Notices to the Pinelands Commission) and 26-65.5 (Review by Pinelands Commission) have been met.
d.
Effect of Final Approval of Site Plan. The zoning requirements applicable
to the preliminary approval first granted and all other rights conferred
upon the developer, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval
or as otherwise provided in N.J.S.A. 40:55D-52. If the developer has
followed the standards prescribed for final approval, the Planning
(Zoning) Board may extend such period of protection up to one year
but not to exceed three such extensions, or a total of three years.
e.
Site Plan Details Required for Final Approval. Each site plan submitted
for final approval shall be prepared by a licensed engineer, which
plan shall bear his seal, including accurate lot lines certified by
a licensed land surveyor. All plans shall be prepared at a scale not
greater than one inch equals 50 feet on one of the following standard
sheet sizes: 8 1/2" x 11", 15" x 21", 24" x 36", 30" x 42", and
include the following information:
1.
All details required for preliminary approval in subsection above
shall be included.
2.
All additional details and/or minor revisions which may have been
specified as part of the preliminary approval.
3.
Plans shall be accompanied by cross-sections of streets, aisles,
lanes and driveways which shall adhere to applicable requirements
of this Chapter and applicable design standards in the subdivision
ordinance.
4.
The proposed location of all drainage, sewage and water facilities
with proposed grades, sizes, capacities and types of materials to
be used, including any drainage easements acquired or required across
adjoining properties.
5.
Proposed lighting facilities shall be included showing the direction
and reflection of lighting.
[Added 6-16-2022 by Ord.
No. 606-2022]
As a condition of final site plan approval, the Planning Board
(or Zoning Board) may, for the purpose of assuring the installation
and maintenance of on-tract improvements pursuant to N.J.S.A. 40:55D-53,
and off-tract improvements pursuant to N.J.S.A. 40:55D-42, require
the applicant/developer to file with the municipality, performance
and/or maintenance guarantees, in accordance with the standards and
regulations set forth in the Land Subdivision Ordinance of the Borough
of Woodbine, Article VIII, Sections 3 and 4 thereof.
Editor's Note: See also Section 26-66, Wireless Local Communications Facilities.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Before a construction permit or Certificate of Occupancy shall be issued for a conditional use as permitted by this Chapter, application for same shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in Section 26-61 (Site Plan Review), and (in the Pinelands Area) Section 26-65 (Pinelands Area Procedures).
b.
The Planning Board may approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for site plan review, subsections 26-61.4 (Submission of a Preliminary Site Plan) and 26-61.5 (Submission of a Final Site Plan), as appropriate. In the Pinelands Area, the requirements of Section 26-65 shall apply to any approval granted by the Planning Board.
c.
The ninety-five-day time period for action by the Planning Board
on conditional uses pursuant to N.J.S.A. 40:55D-67 shall apply to
each site plan review. Public notices and a hearing shall be required.
d.
In the event relief pursuant to N.J.S.A. 40:55D-70(d) is required,
the Zoning Board shall conduct a review as required by this section.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. The Board shall give due consideration
to all reasonable elements which could affect the public health, welfare,
safety, comfort and convenience such as, but not limited to, the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrian ways, landscaping, lighting signs, drainage, sewage treatment,
potable water supply, utilities and building and structure location(s)
and orientation(s). Conditional uses must meet the requirements listed
below in addition to those outlined elsewhere.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Any hotel or motel that may be constructed on a lot or parcel of
land must contain a minimum of at least 10 units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
The minimum number of units of accommodation in any single building
shall be five.
b.
Each unit of accommodation shall contain a minimum floor area of
250 square feet. Ceilings shall be a minimum of 7.5 feet in height.
c.
Each unit of accommodation shall include a minimum of two rooms (a
bedroom and a separate bathroom).
d.
There shall be a residency limitation on all guests of 30 days maximum.
The foregoing residency limitation shall not apply to an employee
living on the premises.
e.
All of the area, yard, building coverage and height requirements
of the respective zoning district and other applicable requirements
of this Chapter must be met.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
_____
b.
For purposes of this Chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and generating facilities and other public utility services.
c.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
d.
The design of any building in connection with such facilities must
conform to the general character of the area and not adversely affect
the safe, comfortable enjoyment or property rights in the zoning district
in which it is located.
e.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Safety Code in effect
at the time of construction.
f.
Sufficient landscaping, including shrubs, trees and lawns, shall be provided and periodically maintained in accordance with subsections 26-35.1 (Buffers) and 26-43.3 (Vegetation and Landscaping).
g.
Adequate off-street parking shall be provided in accordance with
the parking schedule.
h.
All of the area, yard, building coverage and height requirements
of the respective zoning district and other applicable requirements
of this Chapter must be met.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The minimum lot size for service stations shall be 20,000 square
feet and the minimum frontage shall be 150 feet.
b.
No service station shall be located within 500 feet of any firehouse,
school, playground, church, hospital, public building or institution.
c.
All appliances, pits, storage areas and trash facilities other than
gasoline filling pumps or air pumps shall be within a building. Gasoline
filling pumps and air pumps shall be permitted within the required
front yard space of service stations but shall be no closer than 50
feet to any future street line. All lubrication, repair or similar
activities shall be performed in a fully enclosed building and no
dismantled parts shall be displayed outside of any enclosed building.
d.
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this Chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed 30 days and providing that the owners of the motor vehicles are awaiting their repair or disposition. All such vehicles shall be stored in one area, which shall be buffered in accordance with subsection 26-35.1 (Buffers).
e.
Not more than two items (such as motor vehicles, trailers, boats
or similar equipment) shall be displayed for sale at any one time
as part of a service station.
f.
No parking shall be permitted on unpaved areas.
g.
Auto service stations shall be permitted the following signs:
1.
One freestanding sign advertising the name of the station or garage
and the principal products sold on the premises, including any special
company or brand name, insignia or emblem, provided that each such
sign shall not exceed 35 feet in area on a side and shall be set back
20 feet from street lines and 50 feet from side lot lines and provided
further that the sign shall not be less than 10, nor more than 20,
feet above the ground.
2.
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, providing that
the sign does not exceed seven square feet in area.
3.
Directional signs or lettering displayed over individual entrance
doors or bays and consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty" or other words closely similar in import,
provided that there shall not be more than one such sign over each
entrance or bay.
4.
Customary lettering or other insignia which are a structural part
of a gasoline pump, consisting only of the brand name of a gasoline
sold, lead warning sign, a price indicator and any other sign required
by law.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Bed and Breakfast Accommodations shall be permitted only in the R1
and R2 zoning districts that conform to the conditions herein.
b.
No more than 10 guest rooms or suites shall be permitted, exclusive
of a permanent, on-site superintendent's living quarters.
c.
Off-street parking equal to one for each guest room or suite shall
be required. Off-street parking may be accommodated off-site provided
that the location is within 600 feet of the subject site and an adequate
guaranty that establishes a right to the use of the off-tract parking
is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food
and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a residency limitation on all guests of 30 days maximum.
The foregoing residency limitation shall not apply to an employee
living on the premises.
All pools shall require a building permit prior to installation.
[Added 6-16-2022 by Ord.
No. 606-2022]
Private residential pools shall adhere to the following standards:
a.
All pools shall be located in rear yard areas.
b.
Pools shall occupy no more than 25% of the rear yard area or a maximum
of 800 square feet as measured along the surface of the water, whichever
is smaller.
c.
No edge of any pool shall be closer to any lot line than 10 feet.
d.
In case of a corner lot, a permanent private swimming pool shall
not be constructed, erected, installed or maintained closer to the
side street line than the prevailing setback line on the street.
e.
The pool may be lighted by underwater or exterior lights or both,
provided all exterior lights are located so that the light is neither
directed nor reflected upon adjacent properties in such a manner as
to be a nuisance or an annoyance to neighboring properties. Underwater
lighting shall be in compliance with the applicable National Electrical
Code.
f.
The pool shall be completely surrounded by protective fencing a minimum
of five feet in height.
g.
No sound amplifying system shall be used with a private swimming
pool.
[Added 6-16-2022 by Ord.
No. 606-2022]
All other swimming pools intended for open use of the general
public or to club members shall adhere to the following standards:
a.
The pools shall be located within a lot area of a minimum of one
acre and within such area may also be located terraces, change house,
refreshment stand and similar accessory uses.
b.
The pool shall occupy no more than 20% of the lot area. The area
shall include total water surface including separate wading pools,
swimming tanks, and diving tanks.
c.
No edge of any pool or separate swimming tank shall be closer to
any property line than 20 feet.
d.
The pool shall be enclosed with a fence at least five feet and no
more than eight feet in height or, in lieu thereof, located on a terrace,
or landscaped, or surrounded by structures or any combination of the
above or similar techniques in order to control access to the immediate
pool area.
e.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any adjacent property. All standards used for exterior lighting shall
not exceed 25 feet in height and shall be no closer than 25 feet to
the edge of any pool. All lighting shall be in compliance with the
applicable National Electrical Code.
f.
All pools shall be constructed below the surface of the ground except
that for a period not to exceed one swimming season, any public pool
may be erected above ground after which such pool shall be located
below ground if it remains on the same tract.
g.
All pools shall be landscaped to effectively screen the view and
noise of the pool from neighboring properties.
h.
All loudspeakers or public address systems shall be located on or
in the immediate area of the pool and be directed so that the speakers
are not directly aimed at any adjacent residential buildings.
i.
One off-street parking space shall be provided for every 30 square
feet of water surface.
j.
Lifeguards shall be on duty at all times pool is open for use.
[Added 6-16-2022 by Ord.
No. 606-2022]
Pools included as part of the overall development of apartments
or townhouses, whether open to the public or used as a private facility
for the residents, shall adhere to the following additional standards:
a.
Pools shall be located within an area no less than 4,000 square feet
that is devoted to the use of the pool.
b.
The total area of the surface of the water including separate wading
pools, swimming tanks and diving tanks shall be no more than 40% of
the land area devoted to the use of the pool.
c.
No edge of any pool or separate swimming tank shall be closer to
any building or property line than 20 feet.
d.
The total land devoted to the use of the pool shall be enclosed with
a fence no less than five feet in height nor more than eight feet
in height.
e.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any apartment house or adjacent property. All lighting shall be in
compliance with the applicable National Electrical Code.
f.
All pools shall be constructed below the surface of the ground.
g.
If any portion of the pool, part of the land devoted to the use of
the pool, light standard or loudspeakers are located closer to any
residential building or other property line of another lot than 50
feet, adequate buffers of trees or shrubs shall be provided.
[Amended 6-16-2022 by Ord. No. 606-2022]
All pools referred to in subsections 26-63.1 (Private Residential Pools), 26-63.2 (All Other Swimming Pools) and 26-63.3 (Apartment and Townhouse Pools) shall have all the areas surrounding the pool made and kept neat and attractive so as to be in conformity with surrounding property and no rubbish, debris, or litter shall be permitted to remain or accumulate in or about the pool. All pools shall be enclosed by a fence or other structure, capable of being locked and securing the pool area.
[Added 6-16-2022 by Ord.
No. 606-2022]
No helicopter, helicopter landing pad, helicopter supportive
equipment, and/or helicopter operations or routine landing activities
shall be allowed in this municipality except where FAA approved airport
facilities are available, and/or except in cases of emergency situations,
routine governmental activities and disaster related activities. Furthermore,
widespread, uncontrolled helicopter operations would result in substantial,
adverse, and constant high level noise factors, dangerous and unresolvable
safety conditions, obstructing the approach path, i.e., chimneys,
high tension wires, towers, stacks, flag poles and other exceptions
to height limitations, and adverse environmental conditions to bordering
residential area and vehicular traffic.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
No person shall carry out any development within the Pinelands Area
without obtaining development approval.
b.
Except as provided in subsection c. below, the following shall not be subject to the procedures set forth in this section:
1.
The improvement, expansion, or reconstruction within five years of
destruction or demolition, of any single-family dwelling unit or appurtenance
thereto;
2.
The improvement, expansion, construction, or reconstruction of any
structure accessory to a single-family dwelling;
3.
The improvement, expansion, construction, or reconstruction of any
structure used exclusively for agricultural or horticultural purposes;
4.
The construction, repair, or removal of any sign, except for the
construction or replacement of any off-site commercial advertising
sign;
5.
The repair of existing utility distribution lines;
6.
The clearing of less than 1,500 square feet of land;
7.
The construction of any addition or accessory structure for any nonresidential
use or any multi-family residential structure provided that:
(a)
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
(b)
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.
8.
The demolition of any structure that is less than 50 years old;
9.
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;
10.
The repair or replacement of any existing on-site wastewater disposal
system;
11.
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;
12.
The clearing of land solely for agricultural or horticultural purposes;
13.
Fences, provided no more than 1,500 square feet of land is to be
cleared;
14.
Above-ground telephone equipment cabinets;
15.
Tree pruning;
16.
The following forestry activities:
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year.
17.
Prescribed burning and the clearing and maintaining of fire breaks;
18.
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to subsections 26-43.3c (Vegetation and Landscaping), 23-61.4e (Submission of a Preliminary Plan), or 23-61.5e (Submission of a Final Site Plan);
19.
The installation of an accessory solar energy facility on any existing
structure or impervious surface;
20.
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;
21.
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed;
22.
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.
c.
The exceptions contained in paragraph b. above shall not apply to
any historic resources designated by the Pinelands Commission pursuant
to N.J.A.C. 7:50-6.154.
d.
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 section.
[Added 6-16-2022 by Ord.
No. 606-2022]
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 a 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 26-43.7 (Water Quality).
h.
A location map, including the area extending at least 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
[Added 6-16-2022 by Ord.
No. 606-2022]
All applications for major development, other than forestry
and resource extraction operations, 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;
b.
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to subsection 26-65.5 (Review by Pinelands Commission).
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
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 days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
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.
b.
Notice of Approvals or 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 days of the approval or denial give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
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.
c.
Application Submission and Modifications. Written notification shall
be given by the Borough, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Borough that an application for development in the Pinelands Commission
is complete or if a determination is made by the approval agency that
the application has been modified. The notice shall contain:
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.
[Added 6-16-2022 by Ord.
No. 606-2022]
Upon receipt of the notice of approval by the Pinelands Commission pursuant to subsection 26-65.4 (Notices to the Pinelands Commission) above, 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. 7:50-4.33. The approval of the approval agency 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.
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 by the
Pinelands Commission under the Interim Rules and Regulations shall
serve as the basis for Pinelands Commission review of local approval
under this section.
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. Except as provided in subsection 26-65.10 (Procedures for Applications for the Development of a Single-Family Dwelling), the requirements of subsection 26-65.5 (Review by Pinelands Commission), shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where a prior approval has been granted by the approval agency
no subsequent approval of an application for development approval
shall be obtained until one of the following is satisfied:
a.
Notification is received from the Pinelands Commission that review
of the approval agency approval is not required; or
b.
Review of the approval agency approval has been completed pursuant
to N.J.A.C. 7:50-4.37-4 — 4.42 and a Final Order regarding the
approval is received by the approval agency from the Pinelands Commission.
[Added 6-16-2022 by Ord.
No. 606-2022]
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked within 30 days of the Commission's action by the approval agency 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 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. Except as provided in subsection 26-65.10 (Procedures for Applications for the Development of a Single-Family Dwelling), the requirements of subsection 26-65.7 (Effects of Pinelands Commission's Decision on Borough Approval) shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 6-16-2022 by Ord.
No. 606-2022]
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. 7:50-4.36.
[Added 6-16-2022 by Ord.
No. 606-2022]
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 Section 26-21 (General Provisions - All Districts and Uses) and this Chapter.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The Borough Engineer is hereby authorized and directed to issue preliminary
zoning permits as a prerequisite to the issuance of a construction
permit or other permits or approvals which are needed to develop a
single-family dwelling on an existing lot of record within the Borough
of Woodbine.
b.
Applications for a Preliminary Zoning Permit.
1.
An application for a preliminary zoning permit shall be submitted
to the Borough Engineer and shall include the following:
(a)
The applicant's name and address and his interest in the
subject property;
(b)
The applicant's signed certification that he is duly authorized
to submit the application, that the materials and information are
accurate, and that duly authorized representatives of the Borough
of Woodbine and Pinelands Commission are authorized to inspect the
property;
(c)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(d)
The street address, if any, the tax map sheet and block and
lot number of the property;
(e)
Proof that taxes for the property have been paid;
(f)
Acreage of the property in square feet;
(g)
A dated plot plan, with the scale noted, showing:
(1)
The zoning district in which the property is located;
(2)
The location and dimensions of all property lines, easements
affecting the property and streets abutting the property;
(3)
The location of all yards and setbacks required pursuant to Section 26-4 (Zoning District Regulations);
(4)
The location and use of all existing structures and improvements
on the property and their intended disposition;
(5)
A building envelope within which the single-family dwelling
is to be located;
(6)
The location and dimensions of the proposed driveway;
(7)
The location and dimensions of any proposed accessory structures
or improvements;
(8)
The location and dimensions of the area in which any sewage
disposal system including the disposal field, is proposed to be located;
and
(9)
The location of any proposed water supply well.
(h)
If proposed, certification that central sewer and/or water service
are available; and
2.
The Borough Engineer is authorized to require such additional information
as may be necessary to determine compliance with the Zoning Ordinance.
Such may include, but is not limited to, a soil boring in the area
of any proposed septage system disposal field, a wetland and wetland
buffer map and information to determine compliance with any permitted
use requirement of the Zoning Ordinance.
3.
The Borough Engineer is authorized to waive any of the aforementioned
application requirements if the information is not necessary to determine
compliance with the Zoning Ordinance.
4.
Within 14 days of receipt of an application, the Borough Engineer
shall determine whether the application is complete and, if necessary,
notify the applicant of any additional information which is necessary
to complete the application.
c.
Permit Decisions. Within 14 days of determining an application to
be complete, the Borough Engineer shall issue either a preliminary
zoning permit or a refusal to issue a preliminary permit.
d.
Preliminary Zoning Permit.
1.
A preliminary zoning permit shall be issued if:
(a)
The application is consistent with the requirements of the Zoning
Ordinance or any necessary variance from those requirements has been
obtained; and
(b)
No waiver of strict compliance from the requirements of the
Pinelands Comprehensive Management Plan is necessary or any such waiver
has been approved by the Pinelands Commission; and
(c)
A duly authorized representative of the Pinelands Commission
approves the Borough Engineer's determination and so signifies
by signing the preliminary zoning permit.
2.
A preliminary zoning permit shall expressly incorporate the plot
plan being approved, shall specify any conditions which the Borough
Engineer determines are necessary to ensure compliance with the Zoning
Ordinance and shall specify the expiration date of the permit.
3.
The Borough Engineer shall provide copies of the application and
the preliminary zoning permit to the Pinelands Commission within five
days of the issuance of the permit.
e.
Effect of Preliminary Zoning Permit.
1.
A preliminary zoning permit represents a determination that the application
meets the requirements of the Zoning Ordinance of the Borough of Woodbine
and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1
et seq.
2.
A preliminary zoning permit shall be valid for two years and shall,
during that period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive
revisions of the Zoning Ordinance of the Borough of Woodbine or the
Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(b)
Any subsequent approvals necessary for the development of the
single-family dwelling on the property may be sought without the need
for a certificate of filing from the Pinelands Commission.
3.
Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of subsections 26-65.3 through 26-65.7 (Special Submission Requirement for Other Development; Certificate of Filing, Notices to the Pinelands Commission, Review by Pinelands Commission, Condition on Prior Approvals by Approval Agency, and Effects of Pinelands Commission's Decision on Borough Approval).
f.
Refusal to Issue Preliminary Zoning Permit.
1.
The Borough Engineer shall issue a refusal to issue a preliminary
zoning permit if any of the following are found to apply:
(a)
A variance from the Zoning Ordinance of the Borough of Woodbine
is required;
(b)
A variance from the Zoning Ordinance of the Borough of Woodbine
is not required, but the Borough Engineer determines that the application
does not meet any requirement of the Zoning Ordinance that reflects
a provision of the Pinelands Comprehensive Management Plan;
(c)
A waiver of strict compliance from the Pinelands Comprehensive
Management Plan is required; or
(d)
The duly authorized representative of the Pinelands Commission
has not attested to the consistency of the application with the Pinelands
Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
2.
A refusal to issue a preliminary zoning permit shall expressly reference
the reasons why the refusal was issued. If the refusal is predicated
solely upon the need to obtain a variance from the Zoning Ordinance,
the refusal shall also indicate that upon the applicant's submission
of evidence of Planning Board or Board of Adjustment approval of the
necessary variance, the Borough Engineer shall determine whether a
preliminary zoning permit may be issued pursuant to paragraph d. above.
3.
When a refusal to issue a preliminary zoning permit is predicated
solely upon the need to obtain a variance from the Zoning Ordinance,
the Borough Engineer shall provide copies of the application and the
refusal to the Pinelands Commission within five days of the issuance.
4.
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon paragraph f1(b), (c) or (d) above, the Borough Engineer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and subsections 26-65.2 through 26-65.7 (Special Submission Requirement for Minor Development, Special Submission Requirement for Other Development; Certificate of Filing, Notices to the Pinelands Commission, Review by Pinelands Commission, Condition on Prior Approvals by Approval Agency, and Effects of Pinelands Commission's Decision on Borough Approval) of the Zoning Ordinance of the Borough of Woodbine. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
[Added 6-16-2022 by Ord.
No. 606-2022]
The purpose of this section is to establish provisions regulating
the number, location, design, and construction of local communications
facilities - including towers, antennas, equipment sheds, and appurtenances
— in order to accommodate the personal and commercial needs
of the citizenry while protecting the health, safety, vitality, and
general welfare of the community and its environment. The goals of
this section are:
a.
To provide for adequate wireless communications throughout the entire
municipality while minimizing the total number of communications towers;
b.
To minimize the impact of local communications facilities, particularly
towers, on areas of scenic and cultural significance to the municipality
of communications towers;
c.
To encourage the location of towers as are necessary in nonresidential
and nonrecreational areas;
d.
To require the use of existing towers and other structures as support
platforms for local communications facilities to the extent consistent
with the purpose and the other goals of this section;
e.
To require the co-location of local communications facilities of
competing providers in order to reduce the number of required towers;
f.
To ensure that such towers are sited, constructed, and maintained
in a manner which poses the fewest hazards to the general public as
possible;
g.
To distinguish between those Pinelands zoning districts wherein the
maximum height of local communications facilities is restricted and
those in which there is no such height restriction; and
h.
To provide for the timely removal of local communications facilities
and the restoration of the sites they occupied once they are permanently
withdrawn from service.
[Added 6-16-2022 by Ord.
No. 606-2022]
Shall mean the surface from which wireless radio signals
are sent and received by a local communications facility.
Shall mean the use of a single tower on the ground by more
than one provider and/or the installation of several local communications
facilities on an existing building or structure by more than one provider.
Shall mean an enclosed structure, cabinet, shed, or box at
the base of the local communications facility within which are housed
batteries and electrical equipment.
Shall mean a freestanding tower with multiple legs and cross-bracing
of structural steel.
Shall mean an antenna and any support structure, together
with any accessory facilities, which complies with the standards contained
in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.4)
and which is intended to serve a limited, localized audience through
point-to-point communication, including, but not limited to, cellular
telephone service, personal communications systems, paging systems
and dispatch communications. It does not include radio or television
broadcasting facilities or microwave transmitters.
Shall mean a type of freestanding tower with a single shaft
of wood, steel, or concrete and a platform (or racks) for antennas
arrayed at the top.
Shall mean a company that provides wireless services via
a local communications facility.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
All new wireless local communications facilities, be they affixed
to freestanding towers or mounted on existing structures, and any
structures, equipment, or features accessory to the operation of said
facilities, shall be subject to the provisions contained herein.
b.
Existing local communications facilities shall not be required to
conform to the provisions contained herein until such time as they
are to be altered for installation of additional facilities.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Upon approval by the Planning/Zoning Board, the construction and
operation of local communication facilities shall be permitted as
a conditional use in certain parts of the municipality subject to
the provisions and limitations contained herein.
b.
All local communications facilities subject to the provisions herein
which are located within the Pinelands Area shall comply with the
standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management
Plan and any comprehensive plan for such facilities approved by the
Pinelands Commission in accordance with N.J.A.C. 7:50-5.4 (c)6.
c.
The Borough of Woodbine may seek, at the applicant's expense,
independent expert advice on the specific locational need for design,
construction, and operation of local communications facilities to
aid in the evaluation of applications for such facilities.
d.
Use of Existing Structures. The use of existing structures as support
platforms for local communications facilities shall be required in
all cases where consent of the structure's owner has been secured;
use of the structure will not interfere with the signal emitted from
other local communications facilities and is otherwise technically
feasible; use of the structure will not increase the total number
or affect the location of new towers that will be built in the municipality;
and the following circumstances apply:
1.
Use of the structure will not require an expansion and the addition
of a local communication facility does not harm the character and
integrity of the existing structure;
2.
Use of the structure will require an expansion in height but not
in excess of 50% of its current height, area or massing profile, and
it is either in a certified plan approved by the Pinelands Commission
or it is an existing communication structure; or
3.
Use of the structure will require an expansion in excess of 50% where
the site is identified in a comprehensive plan approved by the Pinelands
Commission and the expansion or reconstruction will preserve the current
use and the visual impact of installation of the expanded structure
will be less than that of a new local communication facility.
e.
The applicant for a local communication facility which involves construction
of a freestanding tower more than 100 feet in height shall make space
available on the tower for municipal communications needs to the municipality,
if technical operating requirements allow. The municipality shall
use such space solely for installation of communications devices for
fire, police, or emergency medical services.
f.
The total number of local communications facilities in the municipality
shall be the minimum necessary to provide adequate service. As such,
no application for construction of a local communications facility
shall be approved until the applicant has demonstrated that there
is a need for the facility and that there is no existing, suitable
facility within the service area that could be utilized. Citation
in a comprehensive plan approved by the Pinelands Commission shall
serve as evidence of the need for a facility in a general area but
not as to the need for any specific site.
g.
The applicant shall agree in writing to submit certification to the
Planning/Zoning Board and the Pinelands Commission every five years
that the proposed local communications facility is still in use and
that its height cannot be decreased because of operational needs.
Oversized facilities shall be reduced to the minimum height necessary
for operational needs, as determined by the Planning/Zoning Board,
within 12 months of the certification.
h.
The applicant shall agree that if a new tower is approved, co-location
will be permitted unless technically infeasible. The applicant shall
also agree that all of the local communication facilities under his
or her control within the municipality shall be made available for
co-location purposes.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Non-Pinelands Zoning Districts and Non-Height Restricted Pinelands
Zoning Districts. Within the R1, R2, AA, AB, INST, TC, RD, LIM, and
DLIM Zoning Districts, local communications facilities may be built
to whatever height is the minimum necessary to provide adequate services,
as demonstrated by the applicant and determined by the Planning/Zoning
Board.
b.
New Towers in Pinelands Height Restricted Zones. The following provisions
shall apply in the FAR and ARR Zoning Districts.
1.
No application for construction of a new local communication facility tower shall be approved unless the comprehensive plan governing such facilities, referenced in subsection 26-66.4b (General Provisions and Requirements) herein, has been approved by the Pinelands Commissions.
2.
New local communications facility towers shall not exceed 200 feet
in height, as measured from grade. Freestanding towers built to a
lesser height shall be designed so that their height may be increased
to a maximum of 200 feet if necessary to accommodate the needs of
other local communications.
3.
All new local communications facility towers shall be located within
the area consistent with the service need for the facility, but in
no case beyond a five mile radius of the area specified in the comprehensive
plan referenced in paragraph b, 1. above. The applicant shall initially
determine and demonstrate a technically feasible search area within
this radius.
(a)
If the search area contains lands located both inside and outside
the Pinelands or lands in more than one Pinelands management area,
the applicant shall seek to site the facility in accordance with the
following hierarchy, with the first designation being the location
of greatest preference:
(1)
Outside the Pinelands Area;
(2)
Within a Pinelands Town, including the R1, R2, AA, AB, INST,
TC, RD, LIM, and DLIM Zoning Districts;
(3)
Within a Pinelands Rural Development Area, including the AR
Zoning District; and
(4)
Within a Pinelands Forest Area, including the FAR Zoning District,
provided that the resulting site does not cause an increase in the
number of new towers in these areas from that identified in the approved
plan.
4.
Within the FAR and ARR Zoning Districts, new local communications
facility towers shall be permitted only at the following locations:
(a)
On developed publicly owned lands within 500 feet of an existing
structure, provided that the facility will be located on previously
disturbed lands that have not subsequently been restored and that
no facility will be located on State, County, or municipal conservation
lands, State recreation lands or County and Borough lands used for
low intensity recreational purposes;
(b)
On the parcel of an approved resource extraction operation,
provided that the facility will be located on previously disturbed
lands that have not subsequently been restored;
(c)
On the parcel of an existing first aid or fire station; or
(d)
On the parcel of an existing landfill, provided that the facility
will be located on previously disturbed lands that have not subsequently
been restored.
5.
To the extent feasible and consistent with other provisions contained
in this section, a new local communication facility tower shall be
sited in a manner which:
(a)
Minimizes visual impacts as viewed from publicly dedicated roads
and highways and from other areas frequented by the public, in order
of decreasing priority:
(b)
Avoids, to the maximum extent practicable, visual impacts as
viewed from the wild and scenic rivers and special scenic corridors
listed in N.J.A.C. 7:50-6.105(a), the Pine Plains and areas necessary
to maintain the ecological integrity of the Pine Plains;
(c)
Minimizes visual impacts as viewed from existing residential dwelling located on contiguous parcels through adherence to the buffer, setback and screening requirements established in subsections 26-66.5c (Height Limitations and Locational Requirements for New Local Communication Facilities) and 26-66.6i (Design and Construction Requirements) of this section.
6.
If multiple sites for new towers which meet all other qualifications
are available, the site with the least visual impact shall be selected;
if only a single qualifying site is available, the best location on
the site that meets all other standards of this section shall be selected.
7.
The design and construction of all new local communications facility
towers shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105
regarding setbacks from scenic corridors and in environmentally sensitive
areas. Applicants shall employ design strategies intended to mask,
disguise, or hide local communications facilities towers so that they
blend into the natural background to the maximum extent possible.
c.
All Zoning Districts. The following provisions shall apply throughout
the Borough.
1.
Local communications facilities shall be located so as to meet the
technical operating requirements of the applicant and any potential
co-locators who have expressed a desire to use the same facility.
2.
Local communications facilities shall be located, in order of preference,
on:
(a)
Existing structures whose appearance would not be significantly
altered (no more than de minimis change in their mass or height, and
no impact upon a historic structure or structures within historic
districts that have been designated in accordance with the provisions
of N.J.A.C. 7:50-6.154, unless the installation can be accomplished
consistent with the criteria of N.J.A.C. 7:50-6.156). The following
sites have been identified by the Borough of Woodbine as having existing
structures, and are situated in acceptable areas.
(b)
Other structures whose appearance would be significantly altered
provided that the visual impact of the former would not exceed that
of the eligible undeveloped sites; and
(c)
Undeveloped sites eligible for a new tower.
3.
All freestanding local communication facility towers shall maintain
a minimum distance of 200 feet from any other structure not on the
parcel, public road, sidewalk, residentially developed lot or recreational
area and shall comply with the siting design provisions of paragraph
b5 above, where applicable. The Planning Board may reduce this setback
requirement by as much as 50% of the required distance, if it finds
that limited sites and land tenure necessitates such reduction and
safety and visual impacts may be alternately addressed.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
All local communications facilities shall meet or exceed current
standards and regulations of the Federal Aviation Administration,
the Federal Communications Commission and any other agency of the
State or Federal government with relevant authority. If such standards
or regulations are amended, the owners of local communications facilities
in the municipality shall bring such facilities into compliance within
six months of the effective date of such amendments. Failure to bring
such facilities into compliance shall constitute grounds for removal
of the facility by the municipality at the owner's expense.
b.
All new freestanding support towers shall be designed and constructed
so as to accommodate the needs of any other local communications provider
who has identified a need to locate a facility within an overlapping
service area.
c.
All new freestanding support towers shall be of lattice type construction,
except that monopoles may be employed if the applicant warrants that:
1.
The tower can and will be expanded if necessary to the maximum height
permitted within the zoning district to accommodate any other local
communications provider who expresses a need to collocate; or
2.
If the tower cannot be expanded, it will be replaced, without service
interruption to current users, by a tower that can accommodate the
co-location needs of other communication providers.
d.
Any accessory shed or other accessory structure shall be built solely
to house equipment essential to the operation of the local communication
facility and shall be designed, painted, and/or screened by year-round
landscaping to blend in with the surrounding environs to the extent
possible, as determined by the Planning/Zoning Board. The structure
shall be located as close to the antenna support structure as possible
and shall not exceed 10 feet in height or 100 square feet in area,
unless expressly authorized by the Planning/Zoning Board. Only one
such structure shall be permitted per facility user, unless a need
is otherwise demonstrated to the Planning/Zoning Board. If feasible,
additional land for the equipment needs of future co-locators shall
be secured in the purchase/lease of the selected site or be available
by lease agreement.
e.
Any access road to the local communication facility shall be landscaped
or be oriented in such a way as to preclude a direct view of the facility
from a public venue.
f.
Secure fencing may be required if the Borough determines that it
is necessary for the safe operation of the facility.
g.
No artificial lighting may be attached to any local communications
facility except as required by the Federal Aviation Administration
or other regulatory authority with jurisdiction. Lighting of equipment
and any other structures on site shall be shielded from abutting properties.
There shall be total cutoff of all light at the property lines of
the parcel to be developed, and foot-candle measurement at the property
line shall be 0.0 foot candles when measured at grade. Lighting shall
be the minimum necessary to conform to applicable requirements.
h.
No signs will be attached to any local communications facility except
as is necessary to provide operational or maintenance instructions
or warning to the general public. No sign will be attached at a level
more than 10 feet above grade. The use of any portion of a facility
for any form of advertising is prohibited.
i.
The following standards shall apply to clearing and landscaping for
construction of new local communications facilities:
1.
Clearing of existing vegetation shall be limited to the minimum necessary
to allow for access to and operation of the facility;
2.
The lower portions of local communications facilities which will
be located adjacent to residential zoning districts, recreational
areas, or public roads shall be screened at ground level from public
view to the maximum extent practical in the following manner:
(a)
One or more rows of evergreen trees, at least four feet in height
when planted and capable of forming a continuous hedge at least 15
feet in height within five years of planting, shall be required and
spaced not more than seven feet apart around all lattice towers and
any monopole over 50 feet in height;
(b)
Adjacent to residential zoning districts and recreational areas,
an additional row of deciduous trees no less than 1 1/2 inches
in diameter measured three feet above grade, and spaced not more than
20 feet apart shall be planted around the evergreen trees;
(c)
The screening shall be maintained and replaced as necessary
while the facility is in service.
j.
Local communication facilities mounted on an existing structure shall
be painted or shielded with material which is consistent with the
design features and materials of the structure. To the extent that
any local communication facility or its supporting structure extend
above the height of the vegetation immediately surrounding it, they
shall be painted in a light gray or light blue hue which blends with
sky and clouds.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
The owner of a local communication facility shall ensure that it
is maintained in compliance with standards contained in applicable
State or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. Such maintenance shall include, but is not limited
to, painting, structural integrity of the mount and security barrier,
and maintenance of the buffer area and landscaping. If, upon inspection,
the municipality concludes that a facility fails to comply with such
codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner
shall have 30 days to bring the facility into compliance with such
standards. Failure to bring such facility into compliance within the
thirty-day period shall constitute grounds for the removal of the
facility at the owner's expense.
b.
No application for installation of a local communications facility
shall be approved unless the applicant has submitted evidence that
a surety bond, in an amount acceptable to the Borough Engineer and
in form acceptable to the Borough Solicitor, has been established
which will provide for removal of the facility and restoration of
the disturbed area in accordance with N.J.A.C. 7:5-6.24 within 12
months of its ceasing to operate. In any event, the municipality shall,
at the expense of the owner, remove any such facility that has been
out of operation for a period greater than 12 months.
c.
All local communications facilities shall be operated in a manner
consistent with the "Guidelines for Evaluating the Environmental Effects
of Radiofrequency Radiation," as published and amended from time to
time by the Federal Communications Commission.
d.
Local communications facilities adjacent to residential or public
recreational areas shall not increase the ambient noise level nor
cause any persistent level of vibration in excess of 50 dba on the
weighting scale beyond the property lines of the parcel on which they
are situated.
e.
At annual intervals from the date of the issuance of the conditional
use permit, the applicant shall submit measurement of the noise and
the radiofrequency radiation from the local communication facility.
Such measurements shall be made by a qualified technician and shall
certify that they are within applicable limits.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Preapplication Conference. Early consultation by applicants with
municipal officials and representatives of the Pinelands Commission
is encouraged so that all information necessary for an informed decision
is submitted and delays are avoided. As such, prior to submission
of a development application for approval of a local communications
facility in accordance with this section, the applicant may request
to convene with the Planning/Zoning Board at a public meeting in order
to discuss the proposed facility in general terms and to clarify the
filing requirements. Upon receipt of a written request for a preapplication
conference, the Planning/Zoning Board will meet with the applicant
at the next regularly scheduled meeting of the Board for which adequate
public notice can be provided. While there are no formal filing requirements
for this conference, the applicant is encouraged to prepare sufficient
preliminary architectural and/or engineering drawings to inform the
Board of the general location and likely scale and design of the facility.
Failure to request such a conference will not prejudice any subsequent
consideration of a formal application by the Planning/Zoning Board.
b.
New local communications facilities shall require conditional use
approval and major site plan approval by the Planning/Zoning Board.
All persons seeking to build such a facility must submit an application
to the Planning/Zoning Board that contains the following information:
1.
A current survey of the site, prepared by a New Jersey Licensed Professional
Land Surveyor showing the existing site conditions.
2.
A scaled site plan clearly indicating the location (including street
address and block/lot), type, method of construction and height of
any proposed tower and any accessory structure(s); on-site land uses
and zoning; contour lines at no greater than one foot intervals based
upon the North Atlantic Vertical Datum of 1988 (NAVD 88); existing
structures; land uses and zoning within 200 feet (including adjacent
municipalities); any roads within 200 feet; proposed means of access;
limits of clearing; the setback distance from the nearest structure
and setback distance from all property lines;
3.
Photographs of the proposed site of the facility showing current
conditions;
4.
A scale map showing the location of all other local communications
facility towers and other structures within the municipality as well
as outside of the municipality within a five mile radius. The applicant
shall also identify the height and type of construction of all such
structures;
5.
A landscape plan showing proposed landscaping;
6.
The location and type of proposed fencing, if applicable, and the
type, location, color and power of any illumination;
7.
An assessment of the suitability of the use of existing towers or
other structures within the search area to accommodate the local communications
facility in lieu of a tower, if a new tower is proposed;
8.
An assessment of the suitability of the site to accommodate additional
equipment sheds and similar needs of other wireless providers who
may wish to co-locate on the proposed facility;
9.
For facilities proposed in the Pinelands Area, a notarized statement
indicating that the applicant will abide by the provisions of "Exhibit
B Co-location Opportunities for Wireless Providers in the Pinelands"
contained in the Comprehensive Plan for Wireless Communications Facilities
in the Pinelands approved by the Pinelands Commission on September
11, 1998;
10.
Written confirmation from any other wireless providers who have expressed
a desire to co-locate on the proposed facility (either by inclusion
of the site in a comprehensive plan approved by the Pinelands Commission
or at any public meeting on the application) that the selected site
meets their operational needs and space requirements for equipment
sheds and the like.
11.
A Certificate of Filing issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34.
12.
Computer simulation models, photographic juxtaposition and similar techniques are not mandated, but, if submitted in support of the application, may be used by the planning board in determining conformance with the visual impact standards of subsection 26-66.5b5 (Height Limitations and Locational Requirements for New Local Communication Facilities) of this section. Such materials may also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4.
13.
In the event that co-location is found not to be feasible, a written
statement of explanation shall be submitted to the Planning Board.
The Planning Board may retain a technical expert in the field of radiofrequency
engineering to verify if co-location at the site is not feasible or
is feasible given the design configuration most accommodating to the
co-location, or that a new tower has less visual impact at an alternative
site. The cost for such a technical expert will be at the expense
of the applicant.
c.
The Borough of Woodbine permits wireless communications providers
to submit a single application for approval of multiple facilities.
d.
Federal Environmental Requirements.
1.
The National Environmental Policy Act (NEPA) applies to all applications
for personal wireless service facilities. NEPA is administered by
the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq.
(47 CFR Ch.I). The FCC requires that an environmental assessment be
filed with the FCC prior to beginning operations or certain facilities.
The environmental assessment must be submitted as part of any municipal
application for such a facility.
2.
Federal regulations also require avoidance of siting of new towers
in proximity to designated wild and scenic rivers. If an applicant
proposes to locate a new tower in proximity to a designated river,
proof of Federal review and approval of such siting must be submitted
as part of any municipal application for such a facility.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Any person, firm or corporation that shall violate any provisions
of this section shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not less
than $100 nor more than $1,000 as such court in its discretion may
impose or, if the party so convicted be a natural person, such person
may be imprisoned for such term not exceeding 90 days as such court
in its discretion may impose, or the court may impose both a fine
and a jail sentence at the court's discretion.
b.
Each day that such violation exists shall constitute a separate offense.
c.
The owner of any building or structure, lot or land or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land or part thereof, where anything in violation of this section
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, developer, contractor, agent, person,
or corporation engaged 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
fine or imprisonment or both specified above.
[Added 6-16-2022 by Ord.
No. 606-2022]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted, or any building, structure or land is
used in violation or contrary to the provisions of this Chapter, the
Borough may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use in a court of competent jurisdiction.
[Added 6-16-2022 by Ord.
No. 606-2022]
The height limitations of this Chapter shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity, conform to the objectives of subsection 26-43.8 (Scenic), and comply with any requirements of the Federal Aviation Agency: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The height limitations of this Chapter shall also not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where more than 50% of the street frontage in any block is developed,
the required front yard for any building shall be a depth not less
than the average depth of the front yards of all the existing buildings
in that particular block.
[Added 6-16-2022 by Ord.
No. 606-2022]
Where a building is situated on a corner lot, in no case shall the building be closer than 20 feet to the curb line as provided in subsection 26-23.6a (Fences, Walls and Sight Triangles) Should the prevailing front yard setback of existing buildings along the street serving as a side yard of the corner lot be less than 20 feet, the building on the corner lot shall still be set back at least 20 feet from the street serving as the side yard and the other side yard may be reduced to five feet. On a corner lot, the narrowest width of the lot shall be determined to be the front yard for meeting the front, side, and rear yard requirements of this Chapter regardless of how the owner faces the building. All front and side yards shall be specifically designated as same on the plans submitted at the time a construction permit is applied for and shall not be altered or changed at a later date unless authorized by variance.
[Added 6-16-2022 by Ord.
No. 606-2022]
Undersized lots where subsection 26-75.1 (Exceptions to Side Yard Requirements) is not applicable may be permitted a reduction in the side yard requirements in the same proportion as the width of the existing lot is to the minimum requirements of this Chapter. However, in no case shall any side yard be less than five feet.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Flag lot subdivisions are permitted in the ARR, R1 and R2 Districts
as conditional uses. The intention is to permit a subdivision of large
narrow lots for development of one additional dwelling.
b.
A flag lot subdivision shall consist of two lots (one new lot and
the remaining parcel). One lot must meet the necessary zoning requirement
specified in the particular district within which it is located. The
other lot must meet all applicable district requirements with the
exception of frontage which shall not be less than 50 feet on an existing
Borough Street.
c.
Any future subdivision of the original tract shall be classified
as a major subdivision and shall meet all requirements of the Zoning
and Subdivision ordinances.
[Added 6-16-2022 by Ord.
No. 606-2022]
Notwithstanding the use restrictions contained in Section 26-4 (Zoning District Regulations), any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Section 26-43 (Pinelands Area Development Regulations), may be expanded or altered provided that:
a.
The use was not abandoned or terminated subsequent to January 14,
1981;
b.
The expansion or alteration of the use is in accordance with all of the minimum standards of Section 26-43 (Pinelands Area Development Regulations); and
c.
The area of expansion does not exceed 50% of the floor area, the
area of the use or the capacity of the use, whichever is applicable,
on January 14, 1981 or which was approved pursuant to N.J.A.C. 7:50-4,
Part V.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Notwithstanding the density limitations or other provisions of this
Chapter, a single-family dwelling may be developed on a parcel of
land of one acre or more in the FAR or ARR Districts, provided that:
1.
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
2.
The parcel has been in the continuous ownership since February 7,
1979 of the person whose principal residence the dwelling unit will
be, a member of that person's immediate family, or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation;
3.
The parcel was not in common ownership with any contiguous land on
or after February 8, 1979 that contains substantial improvements;
and
4.
The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Residential dwelling units on three and two-tenths acre lots may
be permitted in any FAR or ARR Districts, provided that:
1.
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
2.
The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
3.
The parcel of land on which the dwelling is to be located has been
in the continuous ownership since February 7, 1979 of the person whose
principal residence the dwelling unit will be, a member of that person's
immediate family, or a partnership or corporation in which members
of that person's immediate family collectively own more than
a majority interest in such partnership or corporation; and
4.
The person whose principal residence the dwelling unit will be has
resided in the Pinelands for at least five years and that person or
one or more members of that person's immediate family has resided
in the Pinelands for a total of at least 20 different years.
b.
Residential dwelling units on one acre lots may be permitted in any
FAR or ARR District, provided that:
1.
The applicant satisfies all of the requirements set forth in the
above paragraph a.
2.
The lot to be developed existed as of February 8, 1979 or was created
as a result of an approval granted by the Pinelands Development Review
Board or by the Pinelands Commission pursuant to the Interim Rules
and Regulations prior to January 14, 1981;
3.
The applicant qualifies for and receives from the Borough a variance
from the three and two-tenths acre lot size requirement set forth
in paragraph a. above; and
4.
The applicant purchases and redeems zero point two five Pinelands
Development Credits.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Forest Area. Residential dwelling units on one acre lots existing
as of January 14, 1981 shall be permitted in the FAR District, provided
that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or non-contiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 20
acres;
2.
All lands acquired pursuant to paragraph 1 above, which may or may
not be developable, are located within the FAR District;
3.
All noncontiguous lands acquired pursuant to paragraphs 1 and 2 above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 26. Such restriction shall be in favor of the parcel to be developed and the Borough or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Borough Solicitor and the Pinelands Commission.
4.
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
b.
Rural Development Area. Residential dwelling units on one acre lots
existing as of January 14, 1981 shall be permitted in the ARR District,
provided that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or non-contiguous land which, when combined with
the acreage of the lot proposed for development, equals at least five
acres;
2.
All lands acquired pursuant to paragraph 1 above, which may or may
not be developable, are located within the ARR District; and
3.
The requirements of paragraphs a3 through a5 above are met.
[Added 6-16-2022 by Ord.
No. 606-2022]
It shall be the duty of the Construction Official of the Borough
of Woodbine to administer and enforce the provisions of this Chapter.
No structure shall be erected or altered until a construction permit
is obtained from the Construction Official, and no structure or lot
shall be used in violation of this Chapter. It shall be the duty of
the Construction Official to keep a record of all applications and
all construction permits which are either issued or denied, with notations
of any condition involved, which data shall form part of the Borough
public records. A monthly report of construction permits issued shall
be filed with the Tax Assessor.
It shall be the duty of the Construction Official to inspect
the structures and land in the township. When any violation of this
Chapter shall be found by the Construction Official or when any purported
violation shall be brought to his attention, it shall be mandatory
upon the Construction Official to make an investigation. In the event
that the official determines that a violation of this Chapter does,
in fact, exist, it shall be mandatory upon the Construction Official
to serve written notice of the violation by registered mail or personal
service upon the owner. In the event that the owner shall fail to
abate the violation within 10 days of the service of such notice,
it shall then be mandatory upon the Construction Official to file
a complaint in the appropriate court of jurisdiction and to furnish
a copy of the report to the Borough Commissioners.
[Added 6-16-2022 by Ord.
No. 606-2022]
Every application for a construction permit shall be accompanied
by three sets of plans drawn in ink or a blueprint showing the actual
shape and dimensions of the lot to be built upon; the exact location,
size and height of all existing and proposed structure(s); the existing
or intended use of each structure; the number of dwelling units the
structure is designed to accommodate; the number and location of off-street
parking spaces and off-street loading areas; and such other information
with regard to the structures, lot and neighboring lots as may be
necessary to determine and provide for the enforcement of this Chapter,
the Building Code and all other applicable codes and ordinances of
the Borough. Applications for any such class or type of construction
which require State review and approval shall not be considered by
the Construction Official unless the applicant submits the appropriate
plans and specifications certified or approved by the appropriate
State agency pursuant to the regulations established under N.J.S.A.
50:27D-119 through 141. Applications for structures which also require
site plan approval by the Planning Board shall not be considered by
the Construction Official until the Construction Official has received
a written report by the Planning Board.
The Construction Official shall insure that all structures within the flood hazard districts are flood-proofed as prescribed in subsection 26-35.2 (Flood Plain Regulations).
A construction permit shall be granted or denied within 10 days
from the date of a complete application unless additional time is
agreed upon in writing by the applicant. One copy of such plans shall
be returned to the owner when such plans have been approved or denied
by the Construction Official, together with such permit as may be
granted. All dimensions shown on these plans relating to the location
and size of the lot to be built upon shall be based on an actual survey
on the lot by a licensed land surveyor in the State of New Jersey.
The lot and the location of the structure(s) thereon shall be staked
out on the grounds before construction is started. Permanent monuments
shall be installed at all lot corners prior to issuance of a certificate
of occupancy.
A construction permit issued in accordance with the foregoing
provisions in which no construction has been undertaken above the
foundation walls within one year from the time of issuance shall expire
and be thereafter null and void.
[Added 6-16-2022 by Ord.
No. 606-2022]
Nothing in this Chapter shall require any change in the plans,
construction size or designated use of any building, structure or
part thereof for which any construction permit has been granted before
the enactment of this Chapter, provided that construction from such
plans shall have been started within six months after the enactment
of this Chapter and shall be continuously and diligently pursued to
completion; otherwise the permit shall be void.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
No land shall be occupied or used and no structure hereafter erected
or altered shall hereafter be occupied or used in whole or in part
for any purpose whatsoever until a certificate of occupancy shall
have been issued by the Construction Official. It shall be the duty
of the Construction Official to issue a certificate of occupancy only
when he is satisfied that the structure or part thereof and the proposed
use conform to this Chapter and all other applicable codes and ordinances
of the Borough.
b.
A certificate of occupancy shall be granted or denied in writing
within 10 days from the date that a written notification is filed
with the Construction Official that construction is completed, unless
additional time is agreed upon by the applicant in writing. A fee
of $5 shall be charged for issuance of each certificate of occupancy.
c.
Should the Construction Official decline to issue a certificate of
occupancy, his reasons for doing so shall be so stated on two copies
of the application, and one copy shall be returned to the applicant,
the other to be retained by the Construction Official.
d.
Upon notice being served of any condition found to exist in violation
of any provision(s) of this Chapter, the building code or any other
applicable code or ordinance of the Borough with respect to any land
use or structure, the certificate of occupancy for such land use or
structure shall thereupon, without further notice, be null and void
and a new certificate of occupancy shall be required for any further
use of such structure or land.
e.
A monthly report of the certificate of occupancy issued shall be
filed with the Tax Assessor. A record of all certificates of occupancy
shall be kept in the office of the Construction Official and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in the structure or land affected. The charge for
each copy shall be $3 except that there shall be no charge to a municipal
agency.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
It shall be the duty of the Zoning Officer to administer the provisions
of this Chapter. No construction permit shall be issued until approval
is obtained from the Zoning Officer, and no structure or lot shall
be used in violation of this Chapter. It shall be the duty of the
Zoning Officer to keep a record of all approvals and rejections, which
date shall form a part of the Borough's public records. The Zoning
Officer shall be appointed for the term of one year, beginning the
first day of January, and shall receive such compensation for his
services as shall be fixed by ordinance of the Borough of Woodbine.
b.
It shall be the duty of the Code Enforcement Officer to inspect the
structures and land in the Borough and to enforce the provisions of
this Chapter. When any violation of this Chapter shall be found by
the Code Enforcement Officer or when any purported violation shall
be brought to his attention, the Code Enforcement Officer shall make
an investigation. In the event that the Officer determines that a
violation of this Chapter exists, the Code Enforcement Officer shall
serve written notice of the violation by registered mail or personal
service upon the owner. In the event that the owner shall fail to
abate the violation within 10 days of the service of such notice,
the Code Enforcement Officer shall file a complaint in the appropriate
court of jurisdiction and furnish a copy of the report to the Borough
Council. The Code Enforcement Officer shall be appointed for the term
of one year, beginning the first day of January, and shall receive
such compensation for his services as shall be fixed by ordinance
of the Borough of Woodbine.
[Added 6-16-2022 by Ord.
No. 606-2022]
a.
Definition of a Zoning Permit. A document signed by the Zoning Officer:
1.
Which is required as a condition precedent to the commencement of
a use or a change of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
2.
Which acknowledges that such use, structure or building complies
with the provision of the Borough of Woodbine Zoning Ordinance or
variance therefrom duly authorized by a municipal agency; and
3.
Which certifies the nonconforming use status of a use or structure.
b.
Zoning Permit Required. A zoning permit is required before:
1.
Creation, construction, excavation, erection, change, conversion,
enlargement, use or allowance of a use of any building, structure,
land or part thereof;
2.
Changing or allowing a change of use of any building, structure,
land or part thereof;
3.
Issuance of any building permit, temporary certificate of occupancy
or certificate of occupancy.
c.
Application. Application for zoning permit shall be:
1.
In writing;
2.
Submitted to the Zoning Officer;
3.
Signed by the owner of record of the land and by the applicant for
the permit;
4.
Made on forms provided by the Zoning Officer;
5.
Accompanied by a survey, drawn to scale with dimensions showing the
exact size, shape, and location of all existing and proposed buildings
and structures, the proposed building or structure in its exact relation
to lot and street lines and by such additional information as may
be required by the Zoning Officer to allow him/her to determine if
a zoning permit should be issued. The Zoning Officer may waive the
survey requirement on minor applications not affecting structural
change.
d.
Issuance and Display of Permits.
1.
The Zoning Officer shall act on all applications for zoning permits
within 10 business days after receipt of a fully completed application
and shall notify the applicant, in writing, of his/her issuance or
denial of the application.
2.
If the Zoning Officer denies an application for a zoning permit,
a written statement of the reasons for denial shall be supplied to
the applicant within 10 business days after receipt of a fully completed
application.
3.
Failure to notify the applicant in case of such refusal within 10
business days shall entitle the applicant for a zoning permit to file
an appeal to the Planning/Zoning Board as in the case of a denial.
Notification shall be deemed made as of the date it is placed in the
mail not the date when it is received by the applicant.
4.
Denial of a zoning permit by the Zoning Officer may be appealed to
the Planning/Zoning Board. N.J.S.A. 40:55D-72 to 40:55D-75 shall apply
to such appeals to the Planning/Zoning Board.
5.
All zoning permits shall be issued in triplicate, and one copy shall
be posted conspicuously on the premises affected whenever construction
work is being performed thereon. No owner, contractor, workman, or
other person shall perform any building operations of any kind unless
the zoning permit covering such operation has been previously issued.
Furthermore, no building operations of any kind shall be performed
after notification of revocation of said zoning permit.
e.
Records. A record shall be kept of all zoning permits issued and
denied, and the original applications therefor shall be kept on file
in the same manner as applications for building permits.
f.
Effect of Zoning Permits.
1.
The zoning permit for the premises (to be designated by tax block
and lot numbers) shall show that every building or premises or part
thereof and the proposed use thereof are in conformity with the provisions
of the Zoning Ordinances of the Borough of Woodbine, or in conformity
with the provisions of a variance granted according to law or are
a valid nonconforming use and/or structure.
2.
A zoning permit, unless revoked, shall continue in effect so long
as there is no change of use of the premises.
g.
Fees for Zoning Permit.
1.
Fees for zoning permits shall be as set forth in the Borough of Woodbine Code Section 25-2 (Schedule of Application and Escrow Fees).
2.
Fees for appeals and applications to the Planning/Zoning Board shall be as set forth in Borough of Woodbine Code Section 25-2 (Schedule of Application and Escrow Fees).
3.
For appeals and interpretations pursuant to N.J.S.A. 40:55D-70a and
b.
h.
Revocation of Zoning Permit. If it shall appear at any time to the
Zoning Officer that an application for zoning permit or accompanying
plans are in any material respect false or misleading or that the
work done on the premises is materially different from that called
for in the application previously filed with him/her or may be in
violation of any provision of Chapter XXVI, Zoning, of the Borough
of Woodbine Code, or the conditions imposed by the Planning/Zoning
Board in conjunction with approvals issued by them are not being met
within the time or in the manner required by the approving authority,
he/she may forthwith revoke the zoning permit.
i.
Nonconforming Uses and Structures.
1.
Upon written request, the owner, tenant, occupant, prospective purchaser,
prospective mortgagee or any other person interested in any land upon
which a nonconforming use or structure exists may apply, in writing,
for the issuance of a zoning permit certifying the legality of the
use or structure existing before the adoption of the ordinance which
rendered the use or structure nonconforming. The applicant shall have
the burden of proof.
2.
Application pursuant hereto may be made to the Zoning Officer within
one year of the adoption of the ordinance which rendered the use or
structure nonconforming.
3.
Application pursuant hereto may be made at any time to the Planning/Zoning
Board.
4.
Denial by the Zoning Officer may be appealed to the Planning/Zoning
Board N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications
or appeals to the Planning/Zoning Board. Hearings before the Planning/Zoning
Board shall require proper legal notice as provided for by N.J.S.A.
40:55D-12.
5.
Any zoning permit issued shall certify the extent and kind of use/structure
and shall specify the nonconformity in detail.
j.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for a zoning permit shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application.
[Added 6-16-2022 by Ord.
No. 606-2022]
Any person, firm or corporation that shall violate any provisions
of this Chapter shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not exceeding
$2,000, as such court in its discretion may impose or, if the party
so convicted be a natural person, such person may be imprisoned for
such term not exceeding 90 days as such court in its discretion may
impose, or be fined a sum not exceeding $2,000, as such court in its
discretion may impose, or such natural person may be both imprisoned
and fined not exceeding the maximum limits set forth herein, as such
court in its discretion may impose.
Each day that such violation exists shall constitute a separate
offense.
The owner of any building or structure, lot or land or part
thereof and/or the tenant or occupant of any building or structure,
lot or land or part thereof, where anything in violation of this Chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged 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 fine or imprisonment or both specified above.
[Added 6-16-2022 by Ord.
No. 606-2022]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted, or any building, structure or land is
used in violation or contrary to the provisions of this Chapter, the
Borough may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use.
This Chapter may be amended by the Borough Council after the
appropriate referrals, notices, hearings and other requirements of
law. In amending this Chapter, 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.
[Ord. No. 268 § 1400]
The standards and regulations in this Chapter applicable to
the Pinelands Area are intended to be the minimum provisions necessary
to achieve the purposes and objectives of this Chapter and the Pinelands
Protection Act. In the event of a conflict between any provisions,
the stricter provision shall apply.
Should any ordinance or portion thereof be inconsistent with
this Chapter, such ordinance or portion thereof shall be void to the
extent of such inconsistencies.
Should any portion of this Chapter be deemed unenforceable by
any court of competent jurisdiction, the balance thereof not deemed
unenforceable shallremain in full force and effect.
