[Ord. 1985-7, A VI, A;
Ord. #1986-12, § 2; Ord. #1988-2, § 1; Ord. #2003-2;
Ord. #2004-10; Ord. #2005-5; Ord. #2006-8]
Any accessory building attached to a principal building is part
of the principal building and shall adhere to the yard requirements
for the principal building. No building permit shall be issued for
an accessory building prior to the issuance of a building permit for
the principal building. Construction of the principal building shall
precede or coincide with the construction of the accessory building
otherwise the building permit for the accessory building may be revoked.
The accessory building shall be compatible in appearance with the
area in which it is located. The maximum wall height of any accessory
building shall be twelve (12') feet measured from the finished floor.
The maximum building height of any accessory building shall be twenty
(20') feet or the height of the principal structure whichever is least.
No accessory building, nor the total area of all accessory buildings
on any individual parcel, in any zone, district or area shall exceed
750 square feet on lots of one (1.0) acre or less, 900 square feet
on lots greater than one (1.0) acre but less than two (2.0) acres,
1,200 square feet on lots greater than two (2.0) but less than four
(4.0) acres and twenty-four hundred (2,400) square feet on lots exceeding
four (4.0) acres. (A single shed of 100 square feet or less is exempt.)
No property shall contain more than three accessory buildings of any
size. No accessory building shall be located closer to the front property
line than the rear building line of the principal building. All accessory
buildings in all zones, districts or areas must be located at least
twenty (20') feet from other buildings on the property. Private residential
swimming pools, which are accessory structures, are exempt from the
prohibition dealing with distance from other buildings on the property.
Car ports, including those of tent type or light metal type construction
are not exempt from the requirements of this section and shall conform
with the requirements applicable to accessory buildings. This section
shall not apply to farm related buildings located on farmland-assessed
property in Agricultural Production Zones and Special Agricultural
Zones, other than the principal residence.
All accessory buildings in all zones, districts or areas shall conform to the front, rear and side yard setbacks as set forth in the schedule of limitations as set forth in Article XVI of this Chapter, except that an accessory building of 100 square feet or less may be located within any required side yard or rear yard as close as fifteen (15') feet to the said side yard or rear yard property line and on lots of two to 3.99 acres the accessory building side yard setback shall be no less than fifty (50') feet and on lots of four acres and above the accessory building side yard setback shall be no less than eighty (80') feet.
[Ord. #1985-7, A VI, B]
a.
Buffer areas shall require site plan approval and are required along
all lot lines and street lines which separate a townhouse, apartment
or nonresidential use from either an existing residential use or residential
zoning district. Buffer areas shall be developed in an aesthetic manner
for the primary purposes of screening views or reducing noise perception
beyond the lot. Buffer widths shall be measured horizontally and perpendicular
to lot and street lines. No structure, activity, storage of materials,
or parking of vehicles shall be permitted in a buffer area. The location
and design of buffer areas are intended to provide flexibility in
providing effective buffers. The location and design of buffers shall
consider the use of the portion of the property being screened, the
distance between the use and the adjoining property line, difference
in elevations, the type of buffer such as dense planting, existing
woods, a wall or fence, buffer height, buffer width, and other combinations
of manmade and natural features. The buffer shall be designed, planted,
graded, landscaped and developed with the general guideline that the
closer a use or activity is to a property line, or the more intense
the use, the more effective the buffer area must be in obscuring light
and vision and reducing noise beyond the lot.
b.
All buffer areas shall be planted and maintained with either grass
or ground cover maintained at a maximum height of eight (8") inches
together with a screen or scattered planting of trees, shrubs, or
other plant material meeting the following requirements:
1.
The preservation of all natural wooded tracts shall be an integral
part of all site plans and may be calculated as part of the required
buffered area provided the growth is of a density and the area is
of a width to serve the purpose of a buffer. For the purposes of this
Chapter, a buffer is here defined as a landscaped or natural wooded
area with a minimum width of seventy-five (75') feet containing 25%
evergreen plant material consistent with environmental conditions
of drainage, wind and sun exposure. Sizes and varieties of plant in
newly established plantings shall be grouped so as to screen 75% of
headlight glare within three years and be a minimum of eight (8')
feet in height within three years. Ground cover of mulch, grass or
other plant material shall be used to reduce collecting debris and
present a pleasant appearance. Ground elevations shall require adjustments
of plant height and shall relate to adjacent parking areas; loss in
elevation in planting area in relation to parking area will necessitate
proportionate increases to plant sizes. Where additional plantings
are necessary to establish an appropriate tone for an effective buffer,
the plantings may be required.
2.
The screen planting shall be so placed that at maturity it will not
be closer than ten (10') feet from any street or ten (10') feet from
any property line.
3.
Shade trees shall be of nursery stock free of insect and disease
as shown by valid nursery inspection certificates, a minimum of ten
(10') to twelve (12') feet in height and one and one-half (1 1/2")
to two (2") inches in caliper, and be of varieties approved for development
by the Pinelands Comprehensive Management Plan or others receiving
approvals by the Pinelands Commission, with grading quality and balling
standards in accordance with the U.S.A. Standard for Nursery Stock,
as sponsored by the American Association of Nurserymen, Inc. (1967).
4.
Any plant material which does not live shall be replaced within one
year or one growing season.
5.
Screen plantings and landscaping shall be broken at points of vehicular
and pedestrian ingress and egress to assure a clear sight triangle
at all street and driveway intersections.
c.
Species and varieties of plantings recommended for planting on Tabernacle
streets and buffer areas shall be those approved by the Comprehensive
Management Plan or Pinelands Commission and as set forth in C.M.P.
6-203.
[Ord. #1985-7, A VI, C; Ord. #1997-7, § 5]
Any principal or accessory building located on a corner lot
shall have a minimum setback from both street right-of-way lines equal
to the required front yard and shall not interfere with a required
sight triangle. The remaining yards shall both be considered as rear
yards with respect to setback. Corner lots shall meet the requirements
of the zone where located both as to frontage and setback. In no case
shall the frontage be less than two hundred (200') feet on any street.
Measurement shall be made from the ends of the connecting curve.
This provision requiring corner lots to have two front yards
is not applicable to corner lots in either Medford Farms or Medford
Park, where corner lots shall meet the same setback requirements as
interior lots with one front yard, one rear yard and two side yards.
The front yard of the dwelling must face the narrow frontage of the
lot.
[Ord. #1985-7, A VI, D]
All development shall be carried out in a manner which promotes
energy conservation and maximizes active and passive solar energy
in accordance with any applicable statutes. Such measures may include
orientation of buildings, landscaping to permit solar access and the
use of energy conserving building materials.
[Ord. #1985-7, A VI, E]
Fences and walls shall not be located in any required sight
triangle. Fences and walls in any residential district or around any
residential use shall not be higher than four (4') feet unless set
back from the street line the minimum setback required for the zone.
Fences and walls shall not exceed six (6') feet in height when located
more than the required setback from the street line in a residential
zone district or around a residential use.
Fences and walls located in the required setback area from the
street line shall have open space for light and air representing at
least 50% of the fence area. This provision shall apply to fences
and walls in any zoning district and surrounding any use.
Fences and walls around commercial, utility and industrial uses
are limited to eight (8') feet in height. There shall be no height
limitations for fences around agricultural uses nor shall there be
any height limitations for vegetative fences around any use unless
same is located in a sight triangle or setback area where related
to a street.
[Ord. #1987-7, A VI, F]
Lots where fill material is deposited shall have clean fill
or topsoil, graded to allow complete surface drainage of the lot into
local storm sewer systems or natural drainage courses. No regrading
of a lot shall be permitted which would create or aggravate water
stagnation of a drainage problem on site or on adjacent properties,
or which will violate the provisions regulating soil erosion and sediment
control, soil removal, development in wetlands or flood plains contained
in the State law or any developmental ordinance of the Township. Grading
shall be limited to areas shown on an approved site plan or subdivision.
Any topsoil disturbed during approved excavation and grading operation
shall be redistributed throughout the site.
[Ord. #1985-7, A VI, G]
All area lighting shall provide for nonglare, color corrected
lights focused downward, or translucent fixtures with shields around
the light source. The light intensity provided at ground level shall
average a maximum of five-tenths (.5) foot candle over the entire
area. For each fixture and lighted sign, the total quantity of light
radiated above a horizontal plane passing through the light source
shall not exceed seven and one-half (7 1/2%) percent of the total
quantity of light emitted from the light source. Any other outdoor
lighting shall be shown on the site plan in sufficient detail to allow
determination of the effects at the property line and on nearby streets,
driveways, residences, and overhead sky glow. The objective of these
specifications is to minimize undesirable off-site effects. No lighting
shall shine directly or reflect into windows, or onto streets and
driveways in such a manner as to interfere with driver vision. No
lighting shall be of yellow, red, green or blue beam nor be of a rotating,
pulsating beam or other intermittent frequency. The intensity of such
light sources, light shielding, the direction and reflection of the
lighting, and similar characteristics shall be subject to site plan
approval by the Planning Board.
[Ord. #1985-7, A VI, H]
Where two or more adjoining lots are under the same ownership,
and one or more of the lots does not conform with the minimum area
or dimension requirements for the zone in which it is located, the
lots shall be considered as a single lot and the provisions of this
section shall apply.
[Ord. #1985-7, A VI, I]
Shopping centers and industrial complexes receiving site plan
approval where all buildings are designed as a united and comprehensive
plan in accordance with the applicable zoning district standards,
may have more than one building on a lot and more than one use within
a building.
[Ord. #1985-7, A VI, J]
The lawful use of land, buildings or structures existing on
the effective date hereof may be continued although they may not conform
to the provisions of this Chapter. However, none shall be enlarged,
extended, relocated, converted to another use, or altered, except
in conformity with this Chapter, except as permitted below. Land on
which a nonconforming use or structure is located shall not be reduced
in size, nor shall any lot already nonconforming use be made more
nonconforming in any manner.
[Ord. #1985-7, A VI, J; Ord. #1989-3, § 3; Ord.
#1997-9, § 5]
Notwithstanding the use restrictions contained in Articles III through X, 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 Article II, 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 Article II; and
c.
The area of expansion does not exceed 50 percent 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.
[Ord. #1985-77 A VI, J]
A nonconforming use shall be considered abandoned if:
[Ord. #1985-7, A VI, J]
Any nonconforming building, structure or use changed to conform
to the provisions of this Chapter, shall not be changed back to a
nonconforming status.
a.
Any nonconforming use or structure existing at the time of the passage
of this Chapter may be continued upon the lot or in the structure
so occupied and any such structure may be restored or repaired in
the event of partial destruction thereof.
[Ord. #1985-7, A VI, J]
Repairs and maintenance may be made to a nonconforming use,
structure, or lot provided the repair and maintenance work do not
change the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose, or otherwise
increase the nonconformity in any manner.
[Ord. #1985-7, A VI, J]
Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
[Ord. #1985 7, A Vl, J]
Any structure on a nonconforming lot, or a structure on a conforming
lot which violates any yard requirements, may have additions to the
principal building or construct an accessory building without an appeal
to the Board of Adjustment, provided the total permitted building
coverage is not exceeded and the accessory building or the addition
to the principal building do not violate any other requirements of
this Chapter.
[Ord. #1985-7, A VI, K; Ord. #1997-9, § 6]
Owners of nonconforming or substandard parcels of land in the
Protection Area that can meet and satisfy the criteria of either paragraphs
a or b set forth below shall be exempt from the density and/or lot
size limitations of the Forest Area, the Rural Development Area, the
Agricultural Production Area or the Regional Growth Area within the
Township of Tabernacle, provided that:
a.
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;
4.
The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979; and
b.
The subdivision and/or site plan had previously received preliminary
and/or final approval from the municipality and approval from the
Pinelands Commission, or its predecessor, the Pinelands Development
Review Board, subject to the conditions of any such approval, and
further providing that said subdivision or site plan is within the
protection period following preliminary and/or final approval granted
by the Municipal Land Use Law.
[Ord. #1986-7, A Vl, L ]
a.
No person shall park any truck, bus, trailer or tractor, the gross
registered weight of which exceeds 12,000 pounds, out-of-doors within
any residential district of a regional growth area, Pinelands Village,
and approved major subdivisions wherever located in the Township.
This requirement shall not pertain to farms wherever located.
b.
Nothing within this Chapter shall be construed as preventing vehicles
exceeding a gross registered weight of 12,000 pounds from making deliveries
of merchandise within a residential zone; or as prohibiting any vehicle
exceeding the gross registered weight of 12,000 pounds, used by any
public utility company in connection with the construction, installation,
operation or maintenance being used for such purposes. Neither shall
this Chapter be construed as preventing vehicles exceeding a gross
registered weight of 12,000 pounds from being used in cases of emergencies
within a residential zone of the Township, in order to preserve and
protect persons and property within the residential zone.
c.
Recreation vehicles may be parked outside, in side or rear yard areas,
only with a limit of one recreation vehicle per family permitted outside
a building. Recreation vehicles so parked shall not be used for temporary
or permanent residential purposes.
[Ord. #1985-7, A VI, M]
Electronic equipment shall be shielded so there is no interference
with any radio or television reception beyond the operator's property
as the result of the operation of such equipment.
[Ord. #1985-7, A VI, M]
No use shall direct or reflect a steady or flashing light beyond
its lot lines. Exterior lighting and lighting resulting from any manufacturing
or assembly operations shall be shielded, buffered, and directed as
approved on the site plan so that any glare, direct light, or reflection
will not interfere with the normal use of nearby properties, dwelling
units and streets.
[Ord. # 1985- 7, A VI, M ]
No use shall emit heat, odor, vibrations, noise, or any other
pollutant into the ground, water or air that exceeds the most stringent,
applicable State and Federal regulation. No building permit, zoning
permit or certificate of occupancy shall be issued for any use until
a State permit has been issued, where a State permit is required,
to ascertain and approve the level of emission, quality of emission,
type and quality of emission control, and such other State regulations
governing the emission of pollutants into the ground, water or air.
[Ord. #1985-7, A VI, M]
No materials or wastes shall be deposited upon a lot in such
form or manner that they can be transferred off the lot, directly
or indirectly, by natural forces such as precipitation, evaporation
or wind.
All materials or wastes which might create a pollutant, be a
safety hazard or be a health hazard shall be stored indoors or be
enclosed in appropriate containers to eliminate such pollutant or
hazard.
[Ord. #1985-7, A VI, N; Ord. #1989-3, § 3; Ord.
#2012-4, § 3]
No more than one principal use shall be located on one lot,
except for forestry, agriculture, horticulture, fish and wildlife
management, wetlands management and recreational development on agricultural
lands. "Principal use" shall include a use such as a shopping center
which may contain an assortment of uses therein, and other mixed uses
which are specifically permitted in a zone district within the same
building or complex of buildings even though they may be located on
one lot.
[Ord. #1985-7, A VI, O]
a.
All storage areas, trash facilities, pits, lifts and working areas
shall be within a building. All lubrication repair or similar activities
shall be performed in an enclosed building and no dismantled parts
shall be placed outside.
b.
All gasoline pumps, air pumps and the islands upon which pumps are
normally located shall be set back from the street line at least sixty
(60') feet and from any other property line at least fifty (50') feet.
A minimum space of twenty-five (25') feet shall exist between any
two islands and between any island and the service station building.
c.
No junked motor vehicles or part thereof, no new or used car offered
for sale, no unregistered motor vehicle or not more than four motor
vehicles incapable of normal operation on the highway shall be permitted
outside an enclosed service station building except that not more
than six motor vehicles may be located outside a building for a period
not to exceed five days provided the owners are awaiting the repair
of the motor vehicle.
d.
The exterior display and parking of equipment or vehicles for rent
or sale shall be permitted provided the area devoted to this purpose
is in addition to the minimum lot size required for a service station,
the area devoted to this purpose does not exceed 20% of the total
area of the entire site, the maximum sign area for a service station
is not exceeded, and that the location of the equipment or vehicles
being rented or sold does not interfere with the required off-street
parking requirements for the service station and does not interfere
with the on-lot traffic circulation indicated on the approved site
plan.
e.
It is intended that service stations be designed compatible with
other permitted commercial or industrial uses in the zone in which
they are located, that they not be stripped along the available highway
frontage or at each quadrant of a convenient intersection, and that
they be located within shopping centers and in office and industrial
complexes as an integral part of the overall design. Ingress and egress
shall be designed to recognize the turning movements generated. These
access points shall be coordinated with the access points required
for the nearby uses, the frequency of intersecting side streets, minimizing
left turns off collector and arterial streets, and maintaining building
setbacks compatible with the required setbacks and landscaping.
[Ord. #1985-7, A VI, P]
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle
no grading, planting or structure shall be erected or maintained more
than thirty (30") inches above the street centerline or lower than
twelve (12') feet above the street centerline. The sight triangle
is that area bounded by the intersecting street lines and a straight
line which connects "sight points" located on each of the two intersection
street center lines that following distances away from the intersection
street centerlines; arterial streets at three hundred (300') feet;
collector streets at two hundred (200') feet; and primary and secondary
local streets, at ninety (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 points noted above with a sight point ninety (90') feet
on the intersecting street. The classification of existing and proposed
streets shall be those shown on the adopted Master Plan or as designated
by the Planning Board at the time of the application for approval
for a new street not included on the Master Plan. A sight triangle
easement dedication shall be expressed on the site plan as follows:
"Sight triangle easement subject to grading, planting and construction
restrictions as provided for in the zoning ordinance of the Township
of Tabernacle." Portions of a lot set aside for the sight triangle
may be calculated in determining the lot area and may be included
in establishing the minimum setback provisions of this Chapter.
[Ord. #1985-7, A VI, Q; Ord. #1989-3, § 3]
No sign of any type shall be permitted to obstruct driving vision,
traffic signals, sight triangles, traffic direction and identification
signs. A building permit shall be required for all signs over four
square feet in area. Mandatory provisions governing signs in the Preservation
Area and the Special Agricultural Production Area are governed by
N.J.A.C. 7:50-6.108.
[Ord. #1985-7, A VI, Q; Ord. #1997-9, § 7]
Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited. Any existing sign which does not conform to the provisions of this section shall be removed immediately. Any existing sign which does not conform to subsection 17-22.12 shall be removed no later than December 5, 1996.
[Ord. #1985-7, A VI, Q]
Attached signs shall be affixed parallel to the wall to which
they are attached and project nor more than fifteen (15") inches from
the surface of the wall.
[Ord. #1985-7, A VI, Q]
No free-standing sign shall be situated in a sight triangle.
[Ord. #1985-7, A VI, Q]
The uppermost part of an attached sign shall not exceed the
base of the second floor window sill in a two or more story structure
or the base of the roof or twenty-five (25') feet, whichever is lower
in a one story structure or a structure without windows.
The uppermost part of a free-standing sign shall not exceed
the base of the roof of the building or fifteen (15') feet, whichever
is lower. The lowest portion of any attached sign which projects above
an area traversed either by motor vehicles or pedestrians shall be
at least fourteen (14') feet and ten (10') feet respectively.
[Ord. #1985-7, A VI, Q]
Illuminated signs shall be arranged to reflect the light and
glare away from adjoining lots and streets. No sign shall be permitted
beam, beacon or flashing illumination. All signs lighted exteriorly
shall be lighted from the bottom and be shielded from adjoining lots,
streets and interior drives and with the light source angled no closer
to the horizontal than two vertical to one horizontal. All lights
shall be either shielded or shall have a translucent fixture to reduce
off-site effects.
[Ord. #1985-7, A VI, Q]
Attached signs may be located anywhere that does not conflict
with any height, obstruction to vision and similar regulations of
this section. Free-standing signs shall be located only in the front
yard and shall be no closer to a side lot than the minimum side yard
for the principal building but in any event no closer to a street
right-of-way than twenty-five (25') feet and not located in any sight
triangle.
Signs and sign structures of all types shall be located to allow
an unobstructed line of sight for at least three hundred (300') feet
from the strip line of any intersection of two streets or the intersection
of a driveway and a street and at least one hundred (100') feet from
the intersection of two driveways within a parking or loading area.
[Ord. #1985-7, A VI, Q]
Signs shall be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated.
[Ord. #1985-7, A VI, Q]
Each commercial and industrial use shall be entitled to one
free-standing sign only.
[Ord. #1985-7, A VI, Q]
Real estate signs temporarily advertising the sale, rental or
lease of the premises or portion thereof shall be, if not attached
to the building, set back at least fifteen (15') feet from all street
and property lines. Such signs shall not exceed eight square feet
in area for residential advertising nor 35 square feet for commercial
and industrial uses. Such signs shall be removed at the expense of
the advertiser within 15 days after the termination or completion
of the matter or business being advertised. All such signs do not
require a building permit. No more than one sign shall be permitted
along each street on which the building has frontage. Real estate
signs shall be permitted only on the lot which the sign is advertising.
[Ord. #1985-7, A VI, Q]
Sign area shall include all lettering, wording, coloring and
accompanying designs and symbols, together with background, whether
open or enclosed, but not including any supporting framework and bracing
incidental to the display itself. A free-standing sign with no lettering,
wording, coloring or accompanying designs on one side shall not have
that blank side included in the total area of the sign. Street number
designations, postal boxes, family names on residence, on-site traffic
directional and parking signs, signs posting property as "private
property," "no hundred" or similar purposes, and "danger" signs around
utility and other danger areas are permitted, but are not to be considered
in calculating the sign area. The maximum dimension in any direction
along the surface of the sign shall be ten (10') feet.
[Ord. #1985-7, A VI, Q]
Not more than one sign advertising the name of the building
under construction, general contractor, subcontractor, financing institution,
any public agencies or officials and the professional personnel who
worked on the project are permitted on a construction site beginning
with the issuance of a building permit and terminating with the issuance
of a certificate of occupancy for the structure or the expiration
of the building permit, whichever comes first. Such signs shall not
exceed an area of 32 square feet.
[Ord. #1985-7, A VI, Q; Ord. 1997-9, § 8]
No outdoor, off-site commercial advertising sign shall be permitted,
except that:
[Ord. #1985-7, A VI, Q]
Every commercial building may have one lighted or unlighted
facade sign displaying the name of the use, attached flat against
the face of the building facing the street. Such sign shall not exceed
an area equivalent of 5% of the facade to which it is attached. Where
the building is located so as to face more than one street, one such
lighted or unlighted sign as above may be attached flat against such
other facade, which sign shall not exceed an area equivalent to 1/2
that of the sign on the main facade of the building.
[Ord. #1985-7, A VI, Q]
Each commercial building may have one lighted free-standing
sign, which sign shall not exceed 60 square feet one side nor twenty-five
(25') feet in height measured from its base at the surface of the
ground to its uppermost height.
a.
Multiple uses conducted in one or more buildings shall be governed
by the above limitations on size and number of signs unless such activity
qualifies as a shopping center.
[Ord. #1985-7, A VI, Q]
Any shopping center located in other than the shopping center
commercial district may have one free-standing lighted but non-moving
sign along each arterial or collector road which the tract in question
abuts, provided there exists at least two hundred (200') feet of unbroken
frontage. Such sign shall not exceed a height of twenty (20') feet;
shall be set back from any property line a minimum of seventy-five
(75') feet and shall not exceed an area of 100 square feet. A shopping
center shall be defined as a use consisting of more than five separate
uses grouped together.
a.
Each shopping center in the shopping center commercial district may
have one free-standing interior lighted but non-moving sign along
each arterial or collector road which the tract in question abuts,
provided there exists at least three hundred (300') feet of unbroken
frontage. Such sign shall not exceed a height of fifty (50') feet;
shall be set back from the street rights-of-way and driveways at least
fifty (50') feet; and shall be set back from any property line a minimum
of one hundred (100') feet and shall not exceed an area of 200 square
feet.
b.
Provisions applicable to shopping centers in any zone:
1.
Where uses share a common walkway, each use served by the walkway
may have one additional sign identifying the use, suspended in perpendicular
fashion from the roof over the walkway. Suspended signs shall be no
closer than eight (8') feet at their lowest point to the finished
grade level below them. No such signs shall exceed eight square feet
in area.
2.
All signs in a shopping center shall conform in character with all
other signs in the complex and shall blend with the overall architectural
scheme of the shopping center.
[Ord. #1985-7, A VI, Q]
Service stations may be permitted one free-standing sign (lighted
but non-moving) and one sign attached flat against the building. The
freestanding sign shall not exceed sixteen (16') feet, shall be set
back at least ten (10') feet from the street right-of-way and shall
not exceed 30 square feet in area. The attached sign shall not exceed
20 square feet in area nor exceed the height of the roof line.
[Ord. #1985-7, A VI, Q]
Industrial uses may have one lighted sign per use, said sign
not larger than the equivalent of 5% of the area of the front wall
of the building or 100 square feet, whichever is smaller. If attached
to the building, the sign shall not be higher than the roof line;
if free-standing, the sign shall not exceed six (6') feet in height
and shall be set back from the street line at least fifty (50') feet.
[Ord. #1985-7, A VI, R; Ord. #1989-3, § 3; Ord.
#1993-2, § 2; Ord. #1997-9, § 9]
In the Rural Development Area, Forest Area, the Agricultural
Production Area, the Preservation Area, Infill District and the Special
Agricultural Production Area, residential dwellings on 3.2 acre lots
meeting the following criteria shall be a permitted use, provided
that:
a.
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
b.
The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
c.
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
d.
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.
[Ord. #1993-2, § 2; Ord. #1993-4, § 2]
In the Rural Development Area, Forest Area, Agricultural Production
Area, Preservation Area, Infill District and Special Agricultural
Production Area, residential dwellings on lots of one (1.0) acre meeting
the following criteria shall be a permitted use, provided that:
a.
The applicant satisfies all of the requirements set forth above in subsection 17-23.1 of this section;
b.
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;
c.
The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in subsection 17-23.1 above;
d.
The applicant purchases and redeems 0.25 Pinelands Development Credits;
and
e.
Any Pinelands Development Credits allocated to the lot to be developed
are reduced pursuant to N.J.A.C. 7:50-5.43(b)3 of the Comprehensive
Management Plan.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1985-7.
[Ord. # 2003-11, § I]
The regulations contained herein are in addition to, and not
in place of, any and all requirements that may be in effect from time
to time under the Pinelands Comprehensive Management Plan and the
Pinelands Commission regulations for resource extraction. To the extent
that any of the rules, regulations or provisions herein conflict with
the provisions thereof, the more restrictive provisions shall apply.
Except as otherwise authorized in this section, the extraction
or mining of mineral resources other than sand, gravel, clay and ilmenite
is prohibited.
[Ord. #2003-11, § I]
Any application filed for approval of resource extraction operations
in the Pinelands shall include at least the following information,
and be prepared by a professional engineer licensed in New Jersey.
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 zoning designation are
shown;
g.
A topographic map at a scale of one (1") inch equals 100 feet, showing
the proposed dimensions, location and operations on the subject property;
h.
The location, size and intended use of all buildings, structures,
and improvements;
i.
The location of all points of ingress and egress;
j.
A location map, including the entire site and an area extending at
least three hundred (300') feet beyond each boundary of the subject
property, showing all streams, wetlands and significant vegetation,
forest associations and wildlife habitats;
k.
The locations of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
l.
A soils map;
m.
A reclamation plan which includes:
1.
Method of stockpiling;
2.
Proposed grading and final elevations;
3.
Topsoil material application and preparation;
4.
Type, quantity and age of vegetation to be used;
5.
Fertilizer application including method and rates;
6.
Planting method and schedules;
7.
Maintenance requirements schedule; and
8.
A phasing plan;
n.
A dust management plan to ensure dust does not migrate beyond the
borders of this site;
o.
A health and safety plan in compliance with applicable Mine, Health,
and Safety Administration and New Jersey Department of Mines requirements;
p.
For all areas proposed for extraction or mining, the applicant shall
provide the Board with an unrestricted Use No Further Action Letter
issued by the New Jersey Department of Environmental Protection that
represents current site conditions. This No Further Action Letter
shall demonstrate the uncontaminated nature of the areas from which
the material resources are proposed for extraction.
q.
If site contains any historic solid waste disposal facility, landfill,
or dump, all resource extraction activity shall be prohibited from
those specific disposal areas until such a time as the solid waste
facility, landfill, or dump has been properly removed with a valid
NJDEP permit. Applicant shall provide a copy of the solid waste disruption
or removal permit application and NJDEP permits. Neither excavated
waste nor excavated waste which has been separated by such processes,
as screening from surrounding material shall be stored on site for
more than 24 hours.
r.
Applicant shall provide a list of the sources of soil to be transported
to the site, if any, and shall certify such soils to be free of any
contaminants as that term is defined by the NJDEP at N.J.A.C. 7:26E.
Applicant shall maintain all such records and receipts for soil transported
to the site and shall make same available for inspection by the Township
for a period not less than 10 years from the date of deposition of
the soil. Soils must originate in the Pinelands and shall not originate
at any contaminated site or waste site. Soils shall possess characteristics
similar to the soils native to the subject property.
s.
A traffic impact report and traffic management report, prepared in
accordance with NJDOT standards, showing the impact of the off-site
soil removal operation on neighboring roads and how said impact will
be minimized.
t.
Any applicant who files an application under this section shall deposit
with the Township Clerk an escrow to cover the Township's legal and
engineering costs of $3,000. The Township Engineer shall inspect the
property at least two times per year, and the costs of such inspection
shall be billed against an additional escrow of $2,000 per year to
be posted by the applicant for such purpose.
u.
Should an agricultural use be the basis for excavation and off-site
soil removal, a Farm Conservation Plan designed in accordance with
the United States Department of Agriculture, Natural Resource Conservation
Service New Jersey Field Office Technical Guide, as amended and supplemented,
that has been approved by the Soil Conservation District;
v.
A signed acknowledgment from both the owner and the operator that
they are responsible for any resource extraction activities which
are contrary to any provisions of this section or for the approved
resources 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;
w.
A financial surety, guaranteeing performance of the requirements
of N.J.A.C. 7:50-6.68 and 7:50-6.69 in the form of a letter of credit,
certified check, surety bond or other recognized form of financial
surety acceptable to the Pinelands Commission. 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, as
well as any restoration not completed to date. The financial surety,
which shall name the Commission and the Township of Tabernacle as
the obligee, shall be posted by the property owner or his agent with
the Township of Tabernacle;
x.
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 Board or the Pinelands Commission
pursuant to the Interim Rules and Regulations; and
y.
When prior approval for the development has been granted by the Township
of Tabernacle, evidence of Pinelands Commission review pursuant to
the Land Development Review Ordinance of the Township of Tabernacle.
z.
A community impact study/statement showing the impact of the off-site
soil removal operation on the community and the areas of the Township
in the immediate vicinity of the proposed operation.
[Ord. #2003-11, § I]
Board approvals authorizing resource extraction shall be effective
for a period of two years. Nothing in this section shall be constructed
to prohibit any person from securing additional permits provided that
the requirements of this section are met.
[Ord. # 2003-11, § I]
Resource extraction activities and regulation activities shall:
a.
Be designed so that no area of excavation, storage area, equipment
or machinery or other structure or facility is closer than two hundred
(200') feet to any property line:
b.
Be located on a parcel of land of at least 20 acres;
c.
Provide that all topsoil that is necessary for restoration will be
stored on the site but not within two hundred (200') feet of any property
line. The topsoil will be protected from wind or water erosion in
accordance with that approved dust management plan, and the soil erosion
and the Soil, Erosion and Sediment Control Standards of the State
of New Jersey;
d.
Access roads shall be fenced or blocked so as to prevent unauthorized
entry into the resource extraction operation;
e.
Provide ingress and egress to the resource extraction operation from
public roads by way of gravel or porous paved roadways;
f.
Be designed so that all stormwater and surface run-off will be maintained
on the parcel in a manner that will provide for on-site recharge to
ground water in accordance with the standards established by the Pinelands
Comprehensive Management Plan and the New Jersey Storm Water Management
Regulations;
g.
Be carried out in accordance with an extraction schedule which depicts
the anticipated sequence for extraction by site area or phase as identified
by the applicant;
h.
Not involve clearing or excavation within one hundred fifty (150')
feet of surface water bodies;
i.
Not involve unreclaimed clearing exceeding 100 acres or 50% of the
area to be mined, whichever is less, for surface excavation at any
time;
j.
Involve restoration of disturbed areas at the completion of the resource
extraction operation in accordance with the following requirements:
1.
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 be established within three years
after resource extraction is completed for each portion of the site
mined;
2.
Restoration shall proceed in the same sequence and time frame set
out in the extraction schedule required in the application;
3.
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 (1')
foot vertical to three (3') feet horizontal except as provided in
paragraph j, 6 below;
4.
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;
5.
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;
6.
All equipment, machinery and structures shall be removed within six
months after the resource extraction operation is terminated and restoration
is completed;
7.
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:
(a)
Stabilization of exposed areas by establishing ground cover
vegetation; and
(b)
Reestablishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one of the following:
(1)
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;
(2)
Cluster planting of characteristic Pinelands oak species, such
as blackjack 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;
(3)
A combination of the planting techniques or native Pinelands
species as may be necessary to restore the vegetation association,
which existed prior to the extraction activity.
(4)
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.
8.
Applicant shall submit a status report to the Land Development Board
at least annually on the anniversary date of the approval as to the
status of the restoration process.
9.
The letter of credit, surety bond, or other guarantee of performance
which secures restoration for each section shall be released after
the Township of Tabernacle has determined that the requirements of
j, 1 through 8 above are being met and the guarantee for a period
of two years thereafter.
k.
Will 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;[1]
[1]
Editor's Note: The Pinelands Comprehensive Management Plan,
referred to herein, may be found on file in the office of the Township
Clerk.
l.
Be conducted such that all on-site soil removal activities and reclamation activities including but not limited to grading, excavation, stockpiling, loading and trucking, shall be conducted in accordance with the hours of operation submitted as part of the traffic impact report and traffic management report, location map and community impact study, submitted by the applicant pursuant to subsection 17-24.2s. In no event shall soil removal activities as defined herein be conducted earlier than 7:30 a.m. nor later than 4:00 p.m. on weekdays. No soil removal activities nor reclamation activities shall be conducted on Saturdays, Sundays or holidays;
m.
Shall be conducted by a maximum of four pieces of moving equipment
on site, and a list of said equipment shall be submitted with the
application and updated as equipment changes. All stationary equipment
shall be noted on the site plan;
n.
Shall be conducted in accordance with an approved traffic impact
plan detailing the maximum number of truckloads per working day to
be hauled from the site. Such impact study to demonstrate the maximum
number of truck loads per working day allowable in order to prevent
negative impacts. Applicants shall report monthly the number of truckloads
taken out of the site. Removal of any landfill will not impact on
the number of loads allowed for mined material from any approved extraction
areas;
o.
Shall include installation of one monitoring well per 10 acres of
the total site. However, a minimum of three monitoring wells shall
be required to establish and verify ground flow and direction irrespective
of site size. Each well is to be monitored a minimum of one time per
year for the following:
1.
All parameters required by the New Jersey Private Well Testing Act
and Regulations as adopted by the New Jersey Department of Environmental
Protection and such additional parameters as determined by the Land
Development Board. A copy of the laboratory report shall be provided
to the Land Development Board with any initial application and thereafter
on or before the anniversary date of the approval;
p.
No excavation shall occur within five (5') feet of the seasonal high
water table.
[Ord. # 2003-11, § II]
For violation of any provision of this Code, the maximum penalty
upon conviction of the violation shall be for each of said violations
one or more of the following: imprisonment in the County Jail or in
any place provided by the Township for the detention of prisoners,
for any term not exceeding 90 days; or by a fine not exceeding $1,250;
or by a period of community service not exceeding 90 days. A violation
of any individual subsection of this section shall be treated as a
separate and individual violation for the purposes of application
of penalties.
[Ord. #1985-7, A VI, T; Ord. #1994-5, § 3; Ord.
#1995-6, § 3]
The following general requirements shall be applicable to all
commercial and industrial development in any district and any area
in the Township of Tabernacle unless expressly superseded by an express
requirement for commercial and/or industrial development in that district
or area.
a.
Any principal building may contain more than one use and/or organization.
Any lot may contain more than one principal structure provided each
principal structure is located in a manner which will allow the possibility
of subdividing the lot in a manner that each structure and resulting
lot would conform to the zoning and subdivision regulations, including
frontage on a public street. Each use must occupy a minimum gross
area of 750 square feet.
b.
At least the first twenty (20') feet for commercial uses and seventy-five
(75') feet for industrial uses, the area adjacent to any street line,
and twenty (20') feet adjacent to any lot line shall not be used for
parking and shall be planted and maintained in lawn area, ground cover
or landscaped with evergreen shrubbery and separated from the parking
area by poured concrete or Belgian block curbing.
c.
All building shall be compatibly designed whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
d.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seedling or similar plantings and maintained
in good conditions.
e.
A minimum buffer area of twenty-five (25') feet in width for commercial
uses and seventy-five (75') feet in width for industrial uses, shall
be provided along any common property line with a residential district
or residential use.
f.
Access to Lots.
1.
Access drive shall be limited to a maximum of two to any street and
their center lines shall be spaced at least sixty-five (65') feet
apart. Each access drive shall:
2.
When the width of a property along any one street exceeds five hundred
(500') feet in length, one access drive may be permitted for each
two hundred fifty (250') feet of property frontage. The width of curb
cut shall be determined by the type to be handled and the limitation
to no more than two lanes of traffic. Driveways with widths exceeding
twenty-four (24') feet shall be reviewed by the Planning Board giving
consideration to the width, curbing, direction of traffic flow, radii
of curve, and traffic land divider. Curbing shall be either depressed
at the driveway or have the curbing rounded at the corners with the
access drive connected to the street in the same manner as another
street.
3.
Each development in the Commercial, Industrial, or Shopping Center/Commercial
Zoning District shall adhere to the following requirements:
(a)
For development of a building or buildings of less than 20,000
square feet cumulative, at least one access to a collector or arterial
street.
(b)
For development of a building or buildings between 20,000 square
feet or 50,000 square feet cumulative, at least two accesses, one
of which must be to an arterial street.
(c)
For development of a building or buildings in excess of 50,000
square feet cumulative, at least two accesses, two which must be to
an arterial street.
(d)
There shall be no access using minor streets or streets serving
a residential subdivision.
(e)
A grocery/supermarket building of less than 50,000 square feet
that is the sole use of the site and not an anchor to support other
uses, may be developed in accordance with only paragraphs (a) and
(d) set forth above.
g.
Access to Parking and Loading Spaces. Individual parking and loading
spaces shall be served by internal, on-site driveways designed to
permit each motor vehicle to proceed to and from each parking and
loading space without requiring the moving of any other motor vehicle
and shall be dimensioned as outlined in paragraph e above of this
section. Where the angle of parking is different on both sides of
the aisle or driveway, the larger aisle width shall prevail.
h.
Buffers. Parking and loading areas for apartment, townhouse, commercial
and industrial uses shall be buffered from adjoining streets, existing
residential use, or any residential zoning district.
i.
Curbing. All off-street parking and loading areas shall have concrete
or Belgian block curbing around the perimeter or the parking and loading
areas and to separate major interior driveways from parking spaces.
Curbing may also be installed within the parking or loading areas
to define segments of the parking or loading areas. Concrete wheel
blocks may be located within designated parking or loading spaces.
All curbings shall be located in conjunction with overall drainage
plan. Curbing installed at locations requiring pedestrian or bicycle
access over the curbing shall be designed with breaks in the curb
height with ramps from the street grade to the sidewalk. The breaks
shall be either opposite each traffic lane or no less frequent than
one every sixty-five (65') feet along the curb.
j.
Drainage. All parking and loading shall have catch basins and drainage
facilities installed in accordance with good engineering practice
as approved by the municipal engineer. Where subbase conditions are
of such nature that surfacing would be inadvisable without first treating
the subbase, these areas shall be excavated to a depth of at least
six (6") inches to twelve (12") inches below the proposed finished
grade and filled with a suitable subbase material as determined by
the municipal engineer. Where required by the engineer, a system of
porous concrete pipe subsurface drains shall be constructed beneath
the surface of the paving and connected to a suitable drain. After
the subbase material has been properly placed and compacted, the parking
area surfacing material shall be applied.
k.
Surfacing to Be Approved as Part of the Site Plan Approval.
1.
Area of ingress and egress, loading and unloading areas, major interior
driveways and aisles, and other areas likely to experience similar
heavy traffic shall be paved with not less than four (4") inches of
compacted base coarse of plant-mixed bituminous stabilized base coarse
constructed in layers not more than two (2") inches compacted thickness,
or equivalent, and prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction (1961), and amendments
thereto. A minimum two (2") inch thick compacted wearing surface of
bituminous concrete (FABC), or equivalent, shall be constructed thereon
in accordance with Division 3, Section 10, of the New Jersey Department
of Transportation Specifications and amendments thereto.
2.
Parking space areas and other areas likely to experience light traffic
shall be paved with not less than three (3") inches of compacted base
coarse of plant-mixed bituminous stabilized base coarse, or equivalent,
prepared and constructed in accordance with Division 3, Section 2A,
of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction (1961) and amendments thereto. At
least one and one-half (1 1/2") inch compacted wearing surface
of bituminous concrete (FABC), or equivalent, shall be constructed
thereon in accordance with Division 3, Section 10, of the New Jersey
Department of Transportation Specifications and amendments thereto.
l.
Landscaping for Parking and Loading Areas. Landscaping in parking
and loading areas shall be shown on the landscaping plan. Trees shall
be staggered or spaced so as not to interfere with driver vision,
have branches no lower than six (6') feet, and placed at the rate
of at least one tree for every 10 parking spaces. All areas between
the parking area and the building shall be landscaped per approved
drawings. Any plantings which do not live shall be replaced within
one year or one season. A majority of the parking area shall be obscured
from streets by buildings, landscaped berms, natural ground elevation
or plantings, singularly or in combination. Whenever possible landscape
shall conform to predominating architectural features of structures,
e.g., Spanish and Desert, stone mulches; Early American, formal lines.
m.
Dimensions. Off-street parking spaces shall be a minimum of nineteen
(19') feet long and shall be ten (10') feet wide with the exception
of handicapped parking spaces which shall be a minimum of twelve (12')
feet wide and nineteen (19') feet long. Handicapped spaces shall be
located in one area, conveniently located with respect to access to
the building, designated as parking for the handicapped by the developer,
and shall be located so that access does not require wheeling or walking
behind parked cars wherever practical. Handicapped spaces shall be
provided in such number as is required by State law for the size of
the facility involved.
[Ord. #1985-7, A VI, U]
a.
Parking requirements shall be as follows:
1.
Retail sales of goods and services: Five and one-half (5 1/2)
spaces per 1,000 square feet of gross floor area or fraction thereof.
2.
Barber and beauty shops: Two spaces per chair.
3.
Restaurants, bars, taverns and night clubs: One space for every three
seats.
4.
Department stores: Seven spaces per 1,000 square feet of gross floor
area or fraction thereof.
5.
Garden centers: Six spaces per 1,000 square feet of gross floor area
or fraction thereof of building area plus one-half (1/2) space per
1,000 square feet of outside storage, sale or display area.
6.
Banks and professional offices: Six spaces per 1,000 square feet
of gross floor area or fraction thereof.
7.
Theaters: One space for every four seats.
8.
Bowling alleys: Four spaces per bowling lane.
9.
Automobile sales: Ten spaces for customer convenience separated from
vehicular displays and not used by employees.
10.
Service stations shall provide at least three spaces per bay. Such
spaces shall be separated from the driveway and general apron areas
which give access to the gasoline and air pumps and service areas.
No designated parking spaces shall obstruct access to such facilities.
11.
Car washes: Three access lanes for each mechanized car wash entrance
with each lane having a minimum capacity for 12 vehicles; one separate
space for each waxing, upholstery cleaning or similar specialized
service area, and one space for every two employees. All vehicle entrances
shall be from the rear of the building and all parked and waiting
vehicles shall be accommodated on the lot.
12.
Veterinary hospital: Six spaces per examination room or doctor, whichever
is greater.
13.
Wholesale fuel distribution: One space each 10,000 square feet gross
yard area required for the use.
14.
Medical center, doctor or dentist's office: Six (6) spaces per examination
room or doctor or dentist, whichever is greater.
15.
Mortuaries: Fifty spaces per viewing room and chapel.
16.
Professional office as home occupation: One space each 200 square
feet of gross floor area, minimum of six spaces.
17.
Research: One space each 1,000 square feet of gross floor area.
18.
Schools:
(a)
Elementary: One and two tenths spaces each classroom plus a
minimum of one space for each teacher and staff member.
(b)
One and one-half (1 1/2) spaces per classroom plus minimum
of one space for each teacher and staff member.
(c)
Secondary: One space per classroom plus a minimum of two spaces
for each teacher and staff member, plus one space per 10 students
based on school capacity.
19.
Church: One (1) space for each three seats.
20.
Community swimming pool: One space for 15 square feet of water surface
area.
21.
Day care center: One space for each 600 square feet gross floor area.
22.
Fire house: One space for each 400 square feet of gross floor area.
23.
Golf course: Four spaces per hole.
24.
Hospital: One and one-half (1 1/2) spaces per bed.
25.
Library: One space for each 300 square feet gross floor area.
26.
Lumber and contractor's yard: One space per 5,000 square feet gross
yard area required for use.
27.
Industrial uses:
(a)
One space for every 1,000 square feet or fraction thereof of
floor area used for storage and warehousing plus one space for every
700 square feet or fraction thereof of floor area used for manufacturing
plus one space for every two hundred (200) square feet or fraction
thereof of floor area used for offices.
(b)
In addition, one space for every vehicle owned and/or operated
by the use operating from that site shall be provided.
(c)
Each use shall provide a sufficient number of spaces in appropriate
locations so that no driveway, aisle, fire lane or street right-of-way
is used at any time for parking.
28.
Parking areas for individual uses shall be designed to be interconnected
with adjacent properties and shall utilize common entrances and exits
where feasible to minimize access points to the street.
29.
Where more than one use occupies one building or where there is an
attached group of buildings, the total parking spaces shall be an
accumulation of the various standards appropriate to the uses noted
above except where more than five separate uses are grouped into one
area using common parking facilities and controlled access points
to the parking area, the total parking need may be computed on the
basis of providing at least five and one-half (5 1/2) spaces
per 1,000 square feet of gross floor area or fraction thereof to serve
the total complex.
30.
Hotels and motels: One and one-quarter (1 1/4) spaces per room.
31.
Shopping centers: Parking shall be provided on the basis of 51/2
spaces per 1,000 square feet of gross floor area or fraction thereof.
[Added 6-26-2023 by Ord.
No. 2023-3]
The purpose of this section 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:
a.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
c.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
d.
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.
[Added 6-26-2023 by Ord.
No. 2023-3]
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.
The 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.
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.
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."
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.).
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).
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.).
[Added 6-26-2023 by Ord.
No. 2023-3]
a.
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 N.J.S.A. 40:55D-70.
b.
EVSE and Make-Ready Parking Spaces installed pursuant to subsection 17-26A.4 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph a above.
c.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
d.
The zoning officer shall enforce all signage and installation requirements
described in this section. Failure to meet the requirements in this
ordinance shall be subject to the same enforcement and penalty provisions
as other violations of Township of Tabernacle's land use regulations.
e.
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 N.J.S.A. 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:
1.
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;
2.
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
3.
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 (N.J.S.A. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations; and
4.
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.).
f.
An application pursuant to paragraph e above shall be deemed complete
if:
1.
The application, including the permit fee and all necessary documentation,
is determined to be complete,
2.
A notice of incompleteness is not provided within 20 days after the
filing of the application, or
3.
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.
g.
Upon deeming an application complete pursuant to Section 6. Above, the zoning officer shall issue a zoning permit in accordance with § 17-64 of the Code of Tabernacle Township, and the following:
h.
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.
i.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as accessory use shall not be subject
to review based on parking requirements.
[Added 6-26-2023 by Ord.
No. 2023-3]
a.
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:
1.
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;
2.
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
3.
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.
4.
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.
5.
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.
b.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph a above
shall:
1.
Install at least one Make-Ready parking space if there are 50 or
fewer off-street parking spaces.
2.
Install at least two Make-Ready parking spaces if there will be 51
to 75 off-street parking spaces.
3.
Install at least three Make-Ready parking spaces if there will be
76 to 100 off-street parking spaces.
4.
Install at least four Make-Ready parking spaces, at least one of
which shall be accessible for people with disabilities, if there are
101 to 150 off-street parking spaces.
5.
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.
6.
In lieu of installing Make-Ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
7.
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.
8.
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.
[Added 6-26-2023 by Ord.
No. 2023-3]
a.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 17, Section 26.
b.
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.
c.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
[Added 6-26-2023 by Ord.
No. 2023-3]
a.
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.
b.
Installation:
1.
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.
2.
Each EVSE or Make-Ready parking space that is not accessible for
people with disabilities shall be not less than 9 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.
3.
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.
4.
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.
c.
EVSE Parking:
1.
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
2.
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.
3.
Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the New Jersey State Police 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 the general penalty provisions of Chapter 1 of the Tabernacle Municipal Code. Signage indicating the penalties for violations shall comply with paragraph e 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.
4.
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
d.
Safety.
1.
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 e below.
2.
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with Township of Tabernacle's ordinances
and regulations.
3.
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.
4.
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
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.
5.
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.
6.
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.
7.
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,
Township of Tabernacle 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.
e.
Signs.
1.
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.
2.
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.
3.
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 2 above.
4.
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:
(a)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee.
(b)
Usage fees and parking fees, if applicable; and
(c)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
f.
Usage Fees.
1.
For publicly accessible municipal EVSE, In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be .40 per kWh for each hour that the electric
vehicle is connected to the EVSE.
2.
This fee may be amended by a resolution adopted by the governing
body.
3.
Private EVSE: Nothing in this section 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.
[Ord. #1985-7, A VI, V]
a.
Each activity shall provide for off-street loading and unloading
with adequate ingress and egress from streets and shall provide such
area at the side or rear of the building. There shall be no loading
or unloading from the street.
|
Pinelands Village
|
Commercial
|
Industrial
| |
|---|---|---|---|
|
Space size
|
15 x 30
|
15 x 40
|
15 x 40
|
|
First space
|
1 per 4,000 s.f. gross floor area or fraction thereof
|
1 per 5,000 s.f. gross floor area or fraction thereof
|
1 per 8,000 s.f. gross floor area or fraction thereof
|
|
Additional Spaces
|
Same as above
|
7,000 s.f. or fraction
|
Same as above
|
1.
A minimum of one space per use except that where more than one use
shall be located in one building or where multiple uses are designed
as part of a shopping center or similar self-contained complex, the
number of loading spaces shall be based on the cumulative number of
square feet within the building or complex, shall be dispersed throughout
the site to best serve the individual uses, and shall have site plan
approval.
b.
There shall be at least one trash and garbage pickup location provided
by each building which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building which shall be a steel-like, totally enclosed container
located in a manner to be obscured from view from parking areas, streets
and adjacent residential uses or zoning districts by a fence, wall,
planting or combination of the three. If located within the building,
the doorway may serve both the loading and trash/garbage functions;
and if located outside the building, it may be located adjacent to
or within the general loading areas provided the container in no way
interferes with or restricts loading and unloading functions.
c.
All off-street loading areas shall be lighted.
d.
Loading area requirements may be met by combining the floor area
of several commercial activities taking place under one roof and applying
the above ratios.
e.
No off-street loading and maneuvering areas shall be located in any
front yard.
f.
Loading, spaces shall be located on the same lot as the use being
served, may abut the building being served rather than requiring a
setback from the building, and shall be located to directly service
the building for which the space is being provided. Parking spaces
shall be located at least twenty (20') feet from any building being
served.
g.
No loading and parking spaces shall be located in any required buffer
area.
h.
Off-street parking spaces for office buildings (other than offices
in shopping centers) may have parking located in the front yards limited
to not more than 20% of the total number of spaces required.
i.
Parking spaces located to service residential uses shall be within
one hundred fifty (150') feet of the entrance of the building. Parking
spaces located to service commercial or industrial uses shall be within
three hundred (300') feet of the building entrances.
j.
No parking shall be permitted in fire lanes, driveways, aisles, sidewalks
or turning areas.
k.
Parking areas for shopping centers may be located in any yard. Parking
spaces for residential uses may be located in any yard as designated
for individual structures within a complex, but parking shall be discouraged
from being located in the yard space between the existing public streets
and the setback line, but when located within this yard area, shall
be set back from the street a minimum of one hundred (100') feet.
l.
Where any use is located on a tract of at least 50 acres and no portion
of a loading area, including maneuvering areas, is closer than two
hundred (200') feet to any property line and where the length of the
driveway connecting the loading area may be less than the number required
by the above schedule provided the applicant as part of the site plan
application shall indicate on his site plan and shall document for
the Planning Board how the number of spaces to be provided will be
adequate to meet the needs of the specific use proposed.
[Ord. #1985-7, A VI, W]
All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in Article 4, Part 4 of the C.M.P. and all the standards set forth in Article II of this Chapter.
[Ord. #1985-A VI, X; Ord. #1997-9, § 10]
Whenever a financial guarantee is required for compliance with
any provision of the Pinelands Comprehensive Management Plan such
as Article 6, Part 6, Resource Extraction, Section 6-606 (9), or with
this Chapter, said financial guarantee shall be posted and administered
by the municipality, and shall be in such amount as to guarantee the
performance of the requirements of C.M.P. Section 6-607 and subsection
17-37.2d and e of this Chapter.
[Ord. #1985-7, A VI, Y]
Every agricultural operation in the municipality wherever located
is hereby protected and exempt from all nuisance ordinances (C.M.P.-6-504)
and are governed by the right to farm ordinance adopted by the Township
of Tabernacle, Ordinance No. 1981-9.
[Ord. #1985-7, A VI, Z; Ord. #1989-3, § 3]
The Planning Board of the Township of Tabernacle shall have the powers and duties provided in subsection 17-43. Any matter coming before the Board under this provision may be referred to the Tabernacle Historical Society for a report, which society shall have 35 days to report to the Planning Board subject to the provisions of N.J.S.A. 40:55D-26 and 27.
[Ord. #1985-7, A VI, AA]
The keeping and use of horses on private property shall be allowed
as an accessory use in any zoning district or area, which is the site
of a private residence, providing the following criteria are met:
a.
Not more than two horses or ponies (including the newborn of both)
may be kept on a lot of at least one acre, which area shall include
the dwelling thereon, with the right to increase this number at the
rate of one additional horse or pony for each additional 10,000 square
feet of land.
b.
No horses or ponies may be kept or maintained in the front yard area
of any lot as the same is defined in this Chapter.
c.
A stable or barn shall be provided for any horses or ponies kept
on the premises which shall be located at least thirty-five (35')
feet to the rear of the dwelling on the lot upon which it is constructed
and there shall be a minimum side yard on each side thereof of at
least twenty (20') feet.
d.
The lot upon which the horses or ponies are maintained shall be enclosed
by a fence which shall be constructed of such materials and in such
a manner as to prevent their escaping therefrom, the suitability of
the construction of which shall be approved by the Construction Official
upon submission of a plan for same. Such fence shall be a minimum
of four (4') feet in height and a maximum of six (6') feet in height.
Possible types of construction can be a four board fence, nailed from
the inside, said boards to be at least one inch by six (1" x 6") inches;
post and rail; pipe or any other similar material found suitable by
the Construction Official and which are aesthetically compatible to
the character of the development in the area where it is to be located.
All such fences shall be set back a minimum of five (5') feet from
the side property lines.
e.
All feed for the horses or ponies shall be stored in rodent-proof
containers.
f.
All manure on the premises shall be handled and stored in such a
manner that it doesn't create a health hazard or a public nuisance.
Manure must be collected and maintained in a sanitary manner so as
to prevent offensive odors, fly breeding or other nuisances.
g.
No commercial use such as the letting of horses or ponies for hire
shall be engaged in on the property. The animals shall be maintained
for the private use of the occupants of the residence on the premises.
h.
Each horse shall be provided with 800 square feet of corral space
and 400 square feet for each additional horse. The roofed stable shall
contain at least 100 square feet of stall space per animal.
i.
Deviation from the above dimensional requirements shall be the subject
of a variance proceeding before the Zoning Board of Adjustment of
the Township. The requisite proof for the variance shall be based
on topographic conditions with the proof showing that reduction of
the dimensional requirements can be made without substantial detriment
to adjacent properties. Topographic conditions such as but not limited
to the following are the type of conditions to be considered: soil
type; character of adjacent properties; size of adjacent properties;
the distance of adjacent residential structures and accessory buildings
from the property in question; foliage, existing and proposed, both
on site and on adjacent properties; the type of stable, pen, corral,
fences, and/or other structures proposed for the keeping, stabling
and containment of the animals; the type of waste management disposal
plan.
j.
Notwithstanding the foregoing provisions, there shall be no horses
or ponies kept or maintained on any lands which are located where
there has been residential development based upon an approved subdivision
or subdivisions granted by the Tabernacle Township Planning Board
and said development has resulted in a housing density of more than
40 homes within a 60 acre land area unless permission is granted for
the same by the Zoning Board of Adjustment in accordance with the
provisions.
k.
Anyone who on the effective date of Ordinance No. 1981-5 and who
had prior to the introduction thereof maintained horses or ponies
upon their premises for the use of the occupants of the residence
thereon and/or had a barn or stable thereon which had been constructed
in accordance with a building permit issued by the Township, may continue
such use and/or structure thereon notwithstanding any of the provisions
of this Chapter or any prior zoning ordinance of the Township.
[Ord. #1985-7, A VI, BB; Ord. #1989-3, § 3; Ord.
#1993-2, § 2; Ord. #1997-9, § 11]
Except for land which was owned by a public agency on January
14, 1981, land which is thereafter purchased by the State for conservation
purposes, land which is subject to an easement limiting the use of
land to nonresidential uses, or land otherwise excluded from entitlement
in N.J.A.C. 7:50-5.43(b), every parcel of land in the Preservation
Area District, Infill District, Agricultural Production Area, or Special
Agricultural Production Area (sending districts) shall have a use
right known as Pinelands Development Credits that can be used to secure
a density bonus for lands located in a Regional Growth Area (receiving
district). Pinelands Development Credits shall be allocated pursuant
to N.J.A.C. 7:50-5.43(b) and may also be allocated to certain properties
in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61
et seq. Bulk and area limitations for development in the Regional
Growth Area when using Pinelands Development Credits are set forth
in the Schedule of Limitations of this Chapter.[1]
[Ord. #1985-7, A VI, BB; Ord. #1989-3, § 3; Ord.
#1991-3, § 2; Ord. #1992-3, § 2; Ord. #1997-9,
§ 12; Ord. #2001-4, § 4]
a.
No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in subsection 17-33.5b by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
b.
Notwithstanding the provision of paragraph a above, an owner of property
from which Pinelands Development Credits are sold may retain a right
for residential development on that property provided that the recorded
deed restriction expressly provides for same and that the total allocation
of Pinelands Development Credits for that property is reduced in proportion
to the lot area required pursuant to this Article for the residential
development. Subdivision of the property shall not be required until
such time as the residential development right is exercised. No such
reduction is required if the right to develop a farm related residence
in accord with N.J.A.C. 7:50-5.24(a)2 is retained.
c.
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 17-75 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Ord. #1985-7, A VI, BB]
Pinelands Development Credits which are used for securing a
density bonus for parcels of land located in a Regional Growth District
shall yield a bonus of four dwelling units per credit.
[Ord. #1985-7, A VI, BB]
Pinelands Development Credits may be aggregated from different
parcels for use in securing a bonus for a single parcel of land in
a Regional Growth District provided that the density does not exceed
one dwelling unit per acre.
[Ord. #1985-7, A VI, BB; Ord. #1989-3, § 3; Ord.
§ 1991-3, § 2; Ord. #2012-4, § 4; Ord. No. 2018-5 § 6]
a.
No conveyance, sale, or transfer of Pinelands Development Credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands Development Credits were obtained,
the agency or organization to which the restriction is in favor, and
the Pinelands Commission have been provided with the evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
b.
Such deed restriction shall specify the number of Pinelands Development
Credits sold and that the property may only be used in perpetuity
for the following uses:
1.
In the Preservation Area District: Berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; agricultural employee housing as
an accessory use; low-intensity recreational uses in which the use
of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel, and no more than 1% of the parcel
will be covered with impervious surfaces; and accessory uses.
2.
In the Special Agricultural Production Area: Berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; agricultural employee
housing as an accessory use; fish and wildlife management; wetlands
management; and accessory uses.
3.
In the Agricultural Production Area: Agriculture; forestry; agricultural
employee housing as an accessory use; low-intensity recreational uses
in which the use of motorized vehicles is not permitted except for
necessary transportation, access to water bodies is limited to no
more than 15 feet of frontage per 1,000 feet of frontage on the water
body, clearing of vegetation does not exceed 5% of the parcel, and
no more than 1% of the parcel will be covered with impervious surfaces;
agricultural commercial establishments, excluding supermarkets and
restaurants and convenience stores, where the principal goods or products
available for sale were produced in the Pinelands and the sales area
does not exceed 5,000 square feet; agricultural products processing
facilities; and accessory uses.
[Ord. No. 2018-5 § 6]
[Ord. #1989-3, § 3; Ord. #1993-2, § 3;
Ord. #1997-9, § 13; Ord. #2001-4, § 5]
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 17-75 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Ord. #1993-2, § 3; Ord. #1993-4, § 2;
Ord. #1997-9, §§ 14, 15; Ord. #2001-4, § 6]
Pine-lands Development Credits shall be used in the following
manner:
b.
When a variance of density or minimum lot area requirements for any
of the Township's Regional Growth Districts is granted by the Township,
Pinelands Development Credits shall be used for all dwelling units
or lots in excess of that otherwise permitted without the variance;
c.
When a variance or other approval for a nonresidential use not otherwise
permitted in Regional Growth Residential or Regional Growth Mobile
Home Districts is granted by the Township, Pinelands Development Credits
shall be used at 50% of the maxi-mum rate permitted for Pinelands
Development Credit use in the zone in which the nonresidential use
will be located for parcels under 10 acres in size; at 75% of the
maximum rate for parcels between 10 and 20 acres in size; and at 100%
of the maximum rate for parcels over 20 acres in size. This requirement
shall not apply to a variance or other approval which authorizes the
expansion of or changes to existing nonresidential uses in accordance
with N.J.A.C. 7:50-5.2.
d.
When a variance or other approval for a residential use in the Regional
Growth Shopping Center District is granted by the Township, other
than in association with planned commercial development, Pinelands
Development Credits shall be used for 50% of the authorized units
for parcels under 10 acres in size; for 75% of the authorized units
for parcels between 10 and 20 acres in size and for 100% of the authorized
units for parcels over 20 acres in size.
e.
When a variance for cultural housing is granted by the Township in accordance with subsection 17-23.2 of this Chapter; and
f.
When a waiver of strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
g.
When a variance of density or minimum lot area requirements for a
residential or principal nonresidential use in the Pinelands Village
District is granted by the Township, Pinelands Development Credits
shall be used for all dwelling units or lots in excess of that otherwise
permitted without the variance.
[Ord. #1985-7, A VI, CC; Ord. #1989-3, § 3; Ord.
#1993-2, § 3; Ord. #2012-4, § 5]
No development in the Pinelands Area shall be permitted in a
wetland or wetlands transition area except for the following uses:
a.
Horticulture of native Pinelands species in accordance with the requirements of Section 17-38 of this Chapter;
c.
Beekeeping;
e.
Fish and wildlife management and wetlands management in accordance
with N.J.A.C. 7:50-6.10.
f.
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in subsection 17-34.2b and c below.
g.
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in subsection 17-34.2 hereof; and
h.
Commercial or public docks, piers, moorings, and boat launches shall
be permitted provided that:
i.
Bridges, roads, trails, and utility transmission and distribution
facilities and other similar linear facilities provided that:
1.
There is no feasible alternative route for the facility that does
not involve development in a wetland, or, if none, that another feasible
route which results in less significant adverse impacts on wetlands
does not exist;
2.
The need for the proposed linear improvement cannot be met by existing
facilities or modification thereof;
3.
The use represents a need which overrides the importance of protecting
the wetland;
4.
Development of the facility will include all practical measures and
mitigate the adverse impact on the wetland; and
5.
The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
[Ord. #1985-7, A VI, CC; Ord. #1989-3, § 3]
a.
No development, except for those uses which are specifically authorized in subsection 17-34.1a through d, shall be carried out within three hundred (300') feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
b.
A significant adverse impact shall be deemed to exist where it is
determined that one or more of the following modifications of a wetland
will have an irreversible effect on the ecological integrity of the
wetland and its biotic components including, but not limited to, threatened
or endangered species of plants or animals.
1.
An increase in surface water runoff discharging into a wetland;
2.
A change in the normal seasonal flow patterns in the wetland;
3.
An alteration of the water table in the wetland;
4.
An increase in erosion resulting in increased sedimentation in the
wetland;
5.
A change in the natural chemistry of the ground or surface water
in the wetland;
6.
A loss of wetland habitat;
7.
A reduction in wetland habitat diversity;
8.
A change in wetlands species composition; or
9.
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting, or feeding.
c.
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.
[Ord. #1985-7, A VI, DD; Ord. #1997-9, § 16]
a.
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this Chapter;
b.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
c.
All applications for major development shall contain a landscaping
or revegetation plan which incorporates the elements set forth in
paragraph d below.
d.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to subsection c above or required pursuant to subsection 16-14.1f,3 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 three 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.
[Ord. #1985-7, A VI, DD; Ord. #1989-3, § 3; Ord.
#1997-9, § 17]
No development shall be carried out by any person in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
the survival of any local populations of threatened or endangered
plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Ord. #1985-7, A VI, EE; Ord. #1989-3, § 3]
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.
[Ord. #1985-7, A VI, EE]
All development or other authorized activity 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.
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1985-7 and 1989-3.
[Ord. #1997-9, § 18]
No forestry in the Pinelands Area of the Township shall be carried
out by any person unless a permit for such activity has been issued
by the Township Zoning Officer. Notwithstanding this requirement,
no such permits shall be required for the following forestry activities:
a.
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
b.
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year;
c.
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted;
d.
Forest stand improvement designed to selectively thin trees and brush,
provided that no clearing or soil disturbance occurs and that the
total land area on the parcel in which the activity occurs does not
exceed five acres in any one year; and
e.
Prescribed burning and the clearing and maintaining of fire breaks.
[Ord. #1997-9, § 18; Ord. #2012-4, § 6]
The information in paragraphs a or b below shall be submitted
to the Township Zoning Officer prior to the issuance of any forestry
permit:
a.
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
b.
For all other forestry applications:
1.
The applicant's name and address and his interest in the subject
parcel;
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 description, including block and lot designation and street address,
if any, of the subject parcel;
4.
A description of all existing uses of the subject parcel;
5.
A brief written statement generally describing the proposed forestry
operation;
6.
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;
7.
A forestry management plan that includes, as appropriate:
(a)
A cover page for the plan containing:
(1)
The name, mailing address and telephone number of the owner
of the subject parcel;
(2)
The municipality and county in which the subject parcel is located;
(3)
The block and lot designation and street address, if any, of
the subject parcel;
(4)
The name and address of the forester who prepared the plan,
if not prepared by the owner of the subject parcel; and
(5)
The date the plan was prepared, subsequent revision dates and
the period of time the plan is intended to cover;
(b)
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
(c)
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, the following
information:
(1)
The number of acres;
(2)
The general condition and quality of each stand;
(3)
The overall site quality, relative to the management goals and
objectives identified in paragraph b(7)(b) above;
(4)
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;
(5)
The age of representative trees;
(6)
The species composition, including overstory, understory, ground
layer structure and composition;
(7)
The stand cohort composition;
(8)
The percent cover;
(9)
The basal area;
(10)
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
(11)
The condition and species composition of advanced
regeneration when applicable;
(12)
A stocking table showing the stocking levels,
growth rates and volume;
(13)
Projections of intended future stand characteristics
at 10-, 20-, and 40-year intervals;
(14)
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:
(i)
Stand improvement practices;
(ii)
Site preparation practices;
(iii)
Harvesting practices;
(iv)
Regeneration and reforestation practices;
(v)
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
(vi)
Herbicide treatments;
(vii)
Silvicultural treatment alternatives;
(viii)
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
(ix)
Implementation instructions; and
(x)
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
(15)
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
(d)
A map of the entire parcel which includes the following:
(1)
The owner's name, address and the date the map was prepared;
(2)
An arrow designating the north direction;
(3)
A scale which is not smaller than one (1") inch equals 2,000
feet or larger than one inch equals 400 feet;
(4)
The location of all property lines;
(5)
A delineation of the physical features such as roads, streams
and structures;
(6)
The identification of soil types (a separate map may be used
for this purpose);
(7)
A map inset showing the location of the parcel in relation to
the local area;
(8)
Clear location of the area and acreage in which each proposed
activity, prescription or practice will occur. If shown on other than
the property map, the map or maps shall note the scale, which shall
not be smaller than one inch equals 2,000 feet or larger than one
(1") inch equals 400 feet, and shall be appropriately keyed to the
property map; and
(9)
A legend defining the symbols appearing on the map.
8.
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 subsection 17-35.2 and Section 17-36;
9.
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 Section 17-43;
10.
A statement identifying the type, location and frequency of any proposed
herbicide treatments and how such treatments will comply with the
standards set forth in subsection 17-37.3.i,2 below;
11.
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;
12.
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 subsection 17-37.3 below;
13.
A Certificate of Filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34; and
[Ord. #1997-9, § 18; Ord. #2012-4, § 6]
Forestry operations shall be approved only if the applicant
can demonstrate that the standards set forth below are met:
a.
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;
b.
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site;
c.
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
1.
Clearcutting cedar and managing slash;
2.
Controlling competition by other plant species;
3.
Utilizing fencing and other retardants, where necessary, to protect
cedar from overbrowsing;
4.
Utilizing existing streams as cutting boundaries, where practical;
5.
Harvesting during dry periods or when the ground is frozen; and
6.
Utilizing the least intrusive harvesting techniques, including the
use of winches, corduroy roads and helicopters, where practical.
d.
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in subsection 17-35.2 and Section 17-36. 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;
e.
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;
f.
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 Section 17-43;
g.
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 twenty-five (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 seventy (70') feet to buffer the water
body from adjacent forestry activities;
h.
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:
i.
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
1.
In areas with slopes of greater than 10%, an undisturbed buffer strip
of at least twenty-five (25%) feet in width shall be maintained along
roads during site preparation to catch soil particles;
2.
Herbicide treatments shall be permitted, provided that:
(a)
The proposed treatment is identified in the forestry application
submitted to the Commission pursuant to subsection 17-37.2.b.10 above;
(b)
Control of competitive plant species is clearly necessary;
(c)
Control of competitive plant species by other, non-chemical
means is not practical;
(d)
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
(e)
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;
3.
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands Native Forest Types;
4.
Disking shall be permitted, provided that:
(a)
It shall not be permitted in Pine Plains Native Forest Types;
(b)
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:
(1)
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
(2)
Only single-pass disking, which penetrates the soil no deeper
than six (6") inches, shall be permitted.
(c)
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
(d)
It shall follow land contours when slopes are discernible;
5.
Root raking shall be permitted, provided that:
(a)
It shall not be permitted in Pine-Shrub Oak Native Forest Types
or Pine Plains Native Forest Types;
(b)
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
(c)
Root raking debris shall not be piled in wetlands;
6.
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands Native Forest Types;
and
7.
Drum chopping shall be permitted, provided that:
(a)
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;
(b)
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
(c)
It shall adhere to the following procedures:
(1)
No more than two passes shall be permitted except to create
scattered early successional habitats under two acres in size;
(2)
Drums shall remain unfilled when used during the dormant season;
(3)
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;
(4)
Chop so the depressions made by the cleats and chopper blades
run parallel to a wetland or water body; and
(5)
Avoid short-radius, 180-degree turns at the end of each straight
pass.
j.
The following standards shall apply to silvicultural practices for
harvesting:
1.
Clearcutting shall be permitted, provided that:
(a)
It shall not be permitted in Pine Plains Native Forest Types;
(b)
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
(c)
A 50-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clearcut and
the parcel boundaries;
(d)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
clearcut from other 25-acre or larger clearcuts, coppice cuts and
seed tree cuts that occur within a 15-year period. The buffer strip
separating two 25-acre harvests shall be fifty (50') feet in width
and, for a larger harvest, shall increase in width by one (1') foot
for each acre of that harvest above 25, to a maximum of three hundred
(300') feet in width;
(e)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least ten (10") inches diameter breast height (DBH) and six
(6') feet in height shall be left on the parcel for a minimum of five
years; and
(f)
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;
2.
Coppicing shall be permitted in all Pinelands Native Forest Types,
provided that:
(a)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(b)
A 50-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
(c)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
coppice cut from other 25-acre or larger clearcuts, coppice cuts and
seed tree cuts that occur within a 15-year period. The buffer strip
separating two 25-acre harvests shall be fifty (50') feet in width
and, for a larger harvest, shall increase in width by one (1') foot
for each acre of that harvest above twenty-five (25'), to a maximum
of three hundred (300') feet in width;
(d)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least ten (10") inches DBH and six (6') feet in height shall
be left on the parcel for a minimum of five years; and
(e)
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;
3.
Seed tree cutting shall be permitted in all Pinelands Native Forest
Types, provided that:
(a)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(b)
A 50-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;
(c)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
seed tree cut from other 25-acre or larger clearcuts, coppice cuts
and seed tree cuts that occur within a 15-year period. The buffer
strip separating two 25-acre harvests shall be fifty (50') feet in
width and, for a larger harvest, shall increase in width by one (1')
foot for each acre of that harvest above 25, to a maximum of three
hundred (300') feet in width;
(d)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least ten (10") inches DBH and six (6') feet in height shall
be left on the parcel for a minimum of five years;
(e)
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;
(f)
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
(g)
Residual seed trees shall be distributed evenly throughout the
parcel; and
4.
Shelterwood cutting, group selection and individual selection shall
be permitted in all Pinelands Native Forest Types.
k.
The following standards shall apply to silvicultural practices for
forest regeneration:
1.
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 k.2 below; and
2.
Artificial regeneration shall be permitted in all Pinelands Native
Forest Types provided that:
(a)
The use of non-native cuttings, seedlings or seeds shall not
be permitted;
(b)
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;
(c)
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
(d)
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.
l.
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.
m.
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.
n.
A copy of the forestry permit issued by the Township Zoning Officer
shall be conspicuously posted on the parcel which is the site of the
forestry activity.
[Ord. #1997-9, § 18]
a.
Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25.
b.
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant in writing of any additional information which is necessary
to complete the application. Should the Zoning Officer fail to make
such a determination within 14 days, the application shall be considered
to be complete as of the fifteenth (15th) day following its submission.
c.
Within 45 days of determining an application to be complete pursuant to paragraph b above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in subsection 17-37.3 or disapprove any application which does not meet the requirements of subsection 17-37.3. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
d.
Upon receipt of a notice of disapproval pursuant to paragraph c above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in subsection 17-37.3 and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to paragraph c above.
e.
Failure of the Zoning Officer to act within the time period prescribed
in paragraphs c and d above shall constitute approval of the forestry
application as submitted. At the request of the applicant, a certificate
as to the failure of the Zoning Officer to act shall be issued by
the municipality and it shall be sufficient in lieu of the written
endorsement or other evidence of municipal approval required herein.
f.
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in Article XII.
g.
Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this Ordinance
and the Pinelands Comprehensive Management Plan are met.
[Ord. #1997-9, § 18]
Upon the issuance of a forestry permit pursuant to subsection 17-37.4c, 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 10 year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
[Ord. #1997-9, § 18]
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.
[Ord. #1985-7, A GG]
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.
b.
In Agricultural Production Districts and Special Agricultural Production
Districts a Resource Conservation Plan shall be prepared by the operator
of every agricultural use, or the appropriate Soil Conservation District,
located in an area which has been designated by any agency of Federal,
State, or local government as having substandard surface or ground
water, if the agricultural uses have been identified by the agency
as likely to have caused the problem. If prepared by the operator,
such plan shall be submitted to the Soil Conservation District for
review. The Resource Conservation Plan shall be reviewed, updated
and revised as necessary and shall provide for the use of recommended
management practices as found in, but not limited to, the following
publications:
[Ord. #1985-7, A VI, HH; Ord. #1989-3, § 3]
a.
All development shall be designed and carried out so that the quality
of surface and ground water will be protected and maintained. Agricultural
use shall not be considered development for purposes of this subsection.
b.
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.
c.
No development shall be permitted which does not meet the minimum
water quality and potable water standards of the State of New Jersey
or the United States.
[Ord. #1985-7, A VI, HH; Ord. #1989-3, § 3; Ord.
#1997-9, §§ 19—24; Ord. #2003-10, § 1; Ord. No. 2018-5 § 8; Ord. No. 2018-5; amended 8-28-2023 by Ord. No. 2023-4]
The following point and non-point sources may be developed and
operated in the Pinelands:
a.
Development of new or the expansion of existing commercial, industrial
and waste water treatment facilities, or the development of new or
the expansion of existing non-point sources, except those specifically
regulated in paragraphs b through f below, provided that:
1.
There will be no direct discharge into any surface water body;
2.
All discharges from the facility or use are of a quality and quantity
such that ground water exiting from the parcel of land or entering
a surface body of water will not exceed two parts per million nitrate/nitrogen;
3.
All public waste water treatment facilities are designed to accept
and treat septage; and
4.
All storage facilities, including ponds or lagoons, are lined to
prevent leakage into ground water.
b.
Development of new waste water treatment or collection facilities
which are designed to improve the level of nitrate/nitrogen attenuation
of more than one existing on-site waste water treatment system where
a public health problem has been identified may be exempted from the
standards of paragraph a, 2 above provided that:
1.
There will be no direct discharge into any surface water body;
2.
The facility is designed only to accommodate waste water from existing
residential, commercial, and industrial development;
3.
Adherence to paragraph a, 2 above cannot be achieved due to limiting
site conditions or that the costs to comply with the standard will
result in excessive user fees; and
4.
The design level of nitrate/nitrogen attenuation is the maximum possible
within the cost limitations imposed by such user fee guidelines but
in no case shall ground water exiting from the parcel or entering
a surface body of water exceed five parts per million nitrate/nitrogen.
c.
Improvements to existing commercial, industrial, and waste water
treatment facilities which discharge directly into surface waters
provided that:
1.
There is no practical alternative available that would adhere to
the standards of paragraph a, 1 above;
2.
There is no increase in the existing approved capacity of the facility;
and
3.
All discharges from the facility into surface waters are such that
the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
d.
Individual on-site septic waste water treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the waste
water, provided that:
1.
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this Chapter;
2.
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph d,3 below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 17-33.5 or Section 17-46;
3.
Only contiguous lands located within the same zoning district and
Pinelands management area as the proposed system or systems may be
utilized for septic dilution purposes, except for the development
of an individual single family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
4.
The depth to seasonal high water table is at least five (5') feet;
5.
Any potable water well will be drilled and cased to a depth of at
least one hundred (100') feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
fifty (50') feet;
6.
The system will be maintained and inspected in accordance with the requirements of subsection 17-39.3;
7.
The technology has been approved for use by the New Jersey Department
of Environmental Protection; and
8.
Flow values for nonresidential development shall be determined based
on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that
number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a)
shall be used in calculating flow.
e.
Individual on-site septic waste water treatment systems which are
intended to reduce the level of nitrate/nitrogen in the waste water,
provided that:
1.
The standards set forth in paragraphs d,1 and d,3 through 8 above
are met;
2.
If the proposed development is nonresidential, it is located:
3.
The design of the system and its discharge paint, 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 d,3 above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 17-33.5 or Section 17-46.
g.
Alternate Design Pilot Program Treatment Systems, provided that:
1.
The proposed development to be served by the system is residential
and is otherwise permitted pursuant to the provisions of this paragraph;
2.
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph g.3 below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 17-33.5 or Section 17-46;
3.
Only contiguous lands located within the same zoning district and
Pinelands management area as the proposed system or systems may be
utilized for septic dilution purposes, except for the development
of an individual single family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
4.
The depth to seasonal high water table is at least five (5') feet;
5.
Any potable water well will be drilled and cased to a depth of at
least one hundred (100') feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
fifty (50') feet;
6.
No more than 10 alternate design pilot program treatment systems
utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single family
dwelling;
7.
Each system shall be equipped with automatic dialing capability to
the manufacturer, or its agent, in the event of a mechanical malfunction;
8.
Each system shall be designed and constructed so that samples of
effluent leaving the Alternate Design Pilot Program septic system
can be readily taken to confirm the performance of the technology;
9.
The manufacturer or its agent shall provide to each owner an operation
and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
10.
Each system shall be covered by a five-year warranty and a minimum
five-year maintenance contract consistent with those approved pursuant
to N.J.A.C. 7:50-10.22(a)2v. that cannot be cancelled and is renewable
and which includes 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
[Ord. No. 2018-5 § 8]
11.
The property owner shall record with the deed to the property a notice
consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi.
that identifies the technology, acknowledges the owner's responsibility
to operate and maintain it in accordance with the manual required
in paragraph g,9 above and grants access, with reasonable notice,
to the local Board of Health, the Commission and its agents for inspection
and monitoring purposes. The recorded deed shall run with the property
and shall ensure that the maintenance requirements are binding on
any owner of the property during the life of the system and that the
monitoring requirements are binding on any owner of the property during
the time period the monitoring requirements apply pursuant to the
pilot program or any subsequent regulations adopted by the Commission
that apply to said system.
[Ord. No. 2018-5 § 8]
12.
(Reserved)
[Ord. No. 2018-5 § 8]
[Ord. #1985-7, A VI, II; Ord. #1989-3, § 3]
a.
The owner of every on-site septic wastewater treatment facility in
the Pinelands Area shall, as soon as a suitable septage disposal facility
capacity is available, in accordance with the provisions of Chapter
326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and
Section 201 of the Clean Water Act:
1.
Have the facility inspected by a technician at least once every three
years;
2.
Have the facility cleaned at least once every three years;
3.
Once every three years submit to the Burlington County Health Department
a sworn statement that the facility has been inspected, cleaned and
is functional, setting forth the name of the person who performed
the inspection and cleaning and the date of such inspection.
b.
The owners of commercial petroleum storage tanks shall comply with
the requirements of Chapter 102 of the Laws of 1986.
[Ord. #1985-7, A VI, HH; Ord. #1989-3, § 3]
b.
All storage facilities for deicing chemicals shall be lined to prevent
leaking into the soil, and shall be covered with an impermeable surface
which shields the facility from precipitation.
c.
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.
[Ord. #1985-5, A VI, HH; Ord. #1989-3, § 3]
Water shall not be exported from the Pinelands except as otherwise
provided in N.J.S.A. 58:1A-7.1.
[Ord. #1985-7, A VI, II; Ord. #1989-3, § 3]
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 Preservation
Area, Rural Development, and Forest Area Districts shall be considered
scenic corridors, with the exception of road systems that are internal
to a subdivision.
[Ord. #1985-7, A VI, II; Ord. #2012-4, § 6]
a.
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 two hundred (200') feet from the
center line of the corridor.
b.
If compliance with the two hundred (200') foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to two hundred (200') feet as practical and the site shall be landscaped in accordance with the provisions of Section 17-35 of this Chapter so as to provide screening from the corridor.
c.
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than two hundred (200') feet within one thousand (1,000') feet of the site proposed for development, then a 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 Section 17-35 of this Chapter so as to provide screening between the building and the corridor.
[Ord. #1985-7, A VI, II]
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.
[Ord. #1985-7, A VI, II]
a.
New utility distribution lines and telephone lines to locations not
presently served by utilities shall be placed underground, except
for those lines which are located on or adjacent to active agricultural
operations.
b.
Above-ground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with Section 17-35 of this Chapter.
c.
All electric transmission lines shall be located on existing towers
or underground to the maximum extent practical.
[Ord. #1985-7, A VI, JJ; Ord. #1989-3, § 3]
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 of pine-oak or oak-pine; all classes
of pine-scrub oak and pine-lowland.
|
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 swelling
units or more will have two accessways of a width and surface composition
sufficient to accommodate and support fire fighting equipment;
2.
All dead-end roads will terminate in a manner which provides safe
and efficient entry and exit for fire equipment.
3.
The rights-of-way of all roads will be maintained so that they provided
an effective fire break;
4.
5.
All residential development of 100 dwelling units or more in high
or extreme fire hazard areas will have a two hundred (200') foot perimeter
fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees and bushes and ground cover are selectively
removed, mowed or pruned and maintained on an annual basis;
(b)
All dead plant material is removed;
(c)
Roads, rights-of-way, wetlands and waste disposal sites shall
be used as fire breaks to the maximum extent practical; and
(d)
There is a specific program for maintenance.
6.
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)
Any openings in the roof, attic, and the floor shall be screened;
(d)
Chimneys and stove pipes which are designed to burn solid or
liquid fuels shall be equipped with screens over the outlets;
(e)
Flat roofs are prohibited in areas where vegetation is higher
than the roof.
[Ord. #1985-7, A VI, KK; Ord. #1989-3, § 3]
All development within the Pinelands Area shall conform to the
following requirements:
a.
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" and N.J.A.C. 7:50-6.143(a)2, 5 and 6;
and 6.144(a)1, 2 and 3.
[Ord. #1985-7, A VI, LL; Ord. #1989-3, § 3; Ord.
#1997-9, §§ 25, 26; Ord. #2000-3]
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 Township Committee for designation of historic resources, in
accordance with N.J.S.A. 40:55D-1 et seq., which are determined to
be significant pursuant to paragraph e, 2 below.
b.
Authority to issue certificates of appropriateness.
c.
Certificates of appropriateness shall be required for the following:
1.
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Township
Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
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 Pinelands Village and all applications for major development
in order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the "Cultural Resource Management Plan," dated April 1991, as
amended. In general, the survey shall include: a statement as to the
presence of any properties listed on the National and State Registers
of Historic Places on the site or within the area of the projects'
potential environmental impacts; a thorough search of State, local
and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
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 e, 2(b) 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 paragraph 2 below.
2.
A certificate of appropriateness issued as a result of the cultural
resource survey requirement set forth in paragraph e above shall be
effective for two years. If the resource is not designated by the
Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing
body pursuant to N.J.S.A. 40:55D-1 et seq. within that two year period,
the historic resource standards of this section shall no longer apply
to the resource in question until such time as the Pinelands Commission
designates the resource pursuant to N.J.A.C. 7:50-6.154.
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).
j.
The following buildings are hereby established as historic sites
to be preserved and protected in the Township of Tabernacle:
[Ord. #1985-7, A VI, MM; Ord. #1989-3, § 3; Ord.
#1997-9, § 27]
No hazardous or toxic substances, including hazardous wastes,
shall be stored, transferred, processed, discharged, disposed or otherwise
used in the Township. 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 Township in accordance with the standards
set forth in N.J.A.C. 7:50-6.
[Ord. #1985-7, A VI, NN; Ord. #1989-3, § 3; Ord.
#1997-9, § 28]
a.
All development shall adhere to the relevant air quality standards
of N.J.A.C. 7:27 et seq. Adherence to the standards of this section
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
b.
Applications for 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:
[Ord. #1985-7, A VI, OO; Ord. #1989-3, § 3; Ord.
#1993-2, § 3; Ord. #2012-4, § 8]
Residential dwelling units on one (1.0) acre lots existing as
of January 14, 1981 shall be permitted in the Forest and Rural Development
Districts, provided that:
a.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 40
acres if development is proposed in the Forest Area District and at
least three point seven (3.7) acres if development is proposed in
either of the Rural Development Districts;
b.
If development is proposed to occur in the Forest Area District,
all lands acquired pursuant to paragraph a above, which may or may
not be developable, are located within the Forest Area District;
c.
If development is proposed to occur in either of the Rural Development
Districts, all lands acquired pursuant to paragraph a above, which
may or may not be developable, are located within either of the Rural
Development Districts;
d.
All noncontiguous lands acquired pursuant to paragraphs a, b and
c above shall be permanently protected through recordation of a deed
of restriction in accordance with the following requirements:
1.
The deed of restriction shall permit the parcel to be managed for:
(a)
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 this Chapter;
(b)
Where agricultural use exists on a parcel proposed to be protected,
the following standards shall apply:
(1)
For those agricultural uses in existence as of April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses and the expansion of the area of agricultural use by up to 50%;
(2)
For those agricultural uses established after April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses, provided the agricultural use has been in existence for a period
of at least five years prior to submission of an application for density
transfer;
(3)
For those agricultural uses established after April 6, 2009
which do not meet the standards of paragraph (b)(2) above, the deed
of restriction shall permit the land to be managed only in accordance
with paragraph (a) above and shall not provide for continuation of
any agricultural use on the parcel; and
(4)
The deed of restriction to be recorded pursuant to paragraph
(b)(1) or (2) above shall authorize agricultural uses and provide
that impervious surface may not exceed that which currently exists
or 3%, whichever is greater, unless a Resource Management System Plan
has been prepared. Before these impervious surface limits may be exceeded,
evidence of Pinelands Commission approval of the Resource Management
System Plan shall be provided. If the deed of restriction is in favor
of Burlington County or the State Agricultural Development Committee,
evidence of their approval shall also be provided.
2.
The deed of restriction shall be in favor of the parcel to be developed
and the Township 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 Township Solicitor and the Pinelands Commission.
e.
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
[Ord. #1985-7, A VI, PP; Ord. #1997-9, §§ 29,
30]
Mechanical equipment, chimneys and structures which house or
enclose such accessory features, accessory TV and radio antennas,
satellite, earth stations, dish antennas, microwave antennas, steeples,
cupolas, domes, water towers any of which are located on the roof
of a building, may be permitted to be erected above the maximum height
of the building in any district, subject to the following conditions:
a.
Not more than 15% of roof coverage.
b.
Not more than 25% of the building height.
Height limitations for buildings shall not apply to any of the
following structures, provided that such structures are compatible
with uses in the immediate vicinity: antennas which do not exceed
a height of two hundred (200') feet and which are accessory to an
otherwise permitted use, silos, barns and other agricultural structures,
church spires, cupolas, domes, monuments, water towers, fire observation
towers, electric transmission lines and supporting structures, windmills,
smokestacks, derricks, conveyors, flag poles and masts, or aerials,
solar energy facilities, chimneys and similar structures to be placed
above the roof level and not intended for human occupancy.
A tower with antennas thereon or a single free-standing dish
antenna is a permitted accessory use for a dwelling unit in any residential
zone providing same is for use by an amateur as a hobby and is not
used for commercial purposes. No dish antenna shall have a diameter
in excess of twelve (12') feet. No antenna located on the tower shall
extend beyond the setback provisions set forth below in the body of
this Chapter.
With respect to any of the above accessory structures which
are free-standing and not attached to a building or on the roof thereof,
no such structure shall be closer to any property line than the distance
from its base at ground level at its lowest point to the uppermost
extremity of the structure and no supporting guy wires, line, anchors
or any other similar support mechanisms or antennas on the tower shall
be closer to any property line than ten (10') feet. However, in no
case shall such structure exceed two hundred (200') feet in height.
With respect to commercial or industrial uses, no accessory
structure shall be permitted in the front yard of the principal building
with the exception of a flagpole. With respect to residential uses,
no accessory structure described above shall be permitted in the front
yard of the principal building with the exception of a flagpole. With
respect to residential uses, no dish antennas described above shall
be permitted in the front of the principal building. These provisions
shall not apply to agricultural structures on farms.
Height limitations for buildings shall not apply to the antenna
and any supporting structure of a local communication facility of
greater than thirty-five (35') feet, provided that the standards set
forth in N.J.A.C. 7:50-5.4(c) are met.
[Ord. #1997-7, § 5]
Uses permitted in all zones, areas and districts: Temporary
construction trailers during the period of construction beginning
with the issuance of a building permit or the first building permit
if multiple building permits are involved, and ending when construction
is completed or one year, whichever is less, provided said trailer
is set back at least fifteen (15') feet from the street or lot lines.
[Ord. #1997-7, § 5]
Trailers are prohibited for residential use. This prohibition
does not apply to manufactured housing which is twenty-two (22') feet
wide or more in width and is located on land, the title to which is
held by the manufactured housing home-owner, and which unit is located
on a permanent foundation as defined in the Municipal Land Use Law,
N.J.S.A. 40:55D-103(b) and/or the New Jersey Construction Code.
The provision against trailers or manufactured housing for residential
use will not apply to existing mobile home parks within the Township.
Single, residential units not located in mobile home parks which are
pre-existing nonconforming uses, may not be replaced unless the replacement
unit meets the requirements for manufactured housing set forth above
in this section and in the Municipal Land Use Law.
[Ord. #1997-7, § 5]
A telecommunication office is a permitted use in any residence
in any zoning district where residences are a permitted use or are
otherwise permitted by law when conducted solely by the residents
of the dwelling. It shall have no employees, no clients coming to
the premises, no sign, no separate entrance. It shall in no way affect
the nature and character of the residential zone or dwelling in which
it is located. Pickup and deliveries by common carrier such as UPS
or Fed Ex are permitted for all uses, in all districts. Sales of goods
or products from the premises are prohibited.
[Ord. #2012-4, § 9]
a.
In the RD-1, RD-2 and FA Districts, clustering of single-family detached
dwellings shall be required whenever two or more units are proposed
as part of a residential development. The following standards shall
apply:
2.
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.1 above, with a bonus applied as
follows:
|
Parcel Size
|
RD-1 and RD-2 Districts
|
FA District
|
|---|---|---|
|
<50 acres
|
0
|
0
|
|
50-99.99 acres
|
10%
|
25%
|
|
100-149.99 acres
|
15%
|
30%
|
|
>=150 acres
|
20%
|
40%
|
3.
4.
Development within the residential cluster shall be designed as follows:
(a)
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;
(b)
The minimum yard and bulk requirements specified for residential development in the Schedule of Limitations, Section 17-89a, shall apply;
(c)
Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of section 17-39.2d may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with paragraph a.5(b)(2) below, individual on-site septic waste water treatment systems shall comply with the standards of subsection 17-39.2e or g. Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of subsection 17-39.2e or g shall also be permitted;
(d)
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
(e)
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 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.
5.
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, Tabernacle Township
or incorporated as part of one of the lots within the cluster development
area.
(a)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Tabernacle Township or another public agency or nonprofit
conservation organization. In all cases, such restriction shall be
expressly enforceable by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed
for:
(1)
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 17;
(2)
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
(i)
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
(ii)
For those agricultural uses established after
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;
(iii)
For those agricultural uses established after
April 6, 2009 which do not meet the standards of paragraph (b)(2)(i)
or (ii) above, the deed of restriction shall permit the land to be
managed only in accordance with paragraph (b)(1) above and shall not
provide for continuation of any agricultural use on the parcel;
(iv)
The deed of restriction to be recorded pursuant
to paragraph (b)(2)(i) or (ii) above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and
(v)
For parcels which meet the standards of paragraph
(b)(2)(i) or (ii) above, a provision shall be recorded in the deed
for each residential lot within the cluster development area which
acknowledges agricultural use of the protected land outside the cluster
development area and recognizes the legal protections afforded to
that use through the deed of restriction and any applicable statutes.
[Added 12-6-2021 by Ord. No. 2021-10]
a.
Solar energy facilities shall be permitted as a principal use in
the Preservation Area District, provided that the following standards
are met:
1.
The solar energy facility shall be located on the parcel of a resource
extraction operation and:
2.
The acquisition and redemption of 0.25 Pinelands Development Credits
shall be required for every four acres of the combined land area occupied
by the solar energy facility and fire break required by paragraph
a5 below.
3.
The solar energy facility, including any proposed off-site infrastructure,
shall be located and screened with vegetation and by topography (where
feasible) to minimize visual impacts as viewed from:
(a)
The wild and scenic rivers and special scenic corridors listed
in N.J.A.C. 7:50-6.105(a);
(b)
Publicly dedicated roads and highways;
(c)
Low intensity recreational facilities and campgrounds; and
(d)
Existing residential dwellings located on contiguous parcels.
Vegetated areas for visual screening of the solar facility shall
not be less than 50 feet in width and consist of at least three rows
of trees with associated understory plants which may include existing
vegetation, new plantings, or a combination thereof. New plantings
shall be consistent with the requirements of N.J.A.C. 7:50-6.21 et
seq. and meet the following requirements.
4.
If the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the infrastructure in accordance with subsections 17-35.1 paragraphs a and b of this chapter. 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.
5.
A firebreak 50 feet in width outside of the fenced perimeter of the
solar energy facility is required. The firebreak and area within the
fenced perimeter of the solar facility may be vegetated with grass
species consistent with the requirements of N.J.A.C. 7:50-6.21 et
seq., but in no case shall the combined footprint of the solar energy
facility and firebreak exceed 25 acres.
6.
The owner of the solar energy facility shall mow the grassed areas
permitted by paragraph a5 above not less than two times per calendar
year and the maximum permitted height above grade of vegetation within
such areas shall be 12 inches.
7.
The owner of the solar energy facility shall ensure that there is
no new tree growth within the footprint of the solar energy facility
and fifty-foot wide firebreak, but in no event shall the area of tree
maintenance or removal exceed 25 acres and no maintenance or removal
of trees shall be performed in the deed restricted area for the purpose
of construction or operation of the solar energy facility.
8.
Prior to operation (and periodically upon request), the owner of
the solar energy facility shall provide orientation and training to
the local fire department and other first responders concerning safe
entry and operation within the solar facility for provision of emergency
services.
9.
The solar energy facility shall be constructed and maintained in
accordance with applicable engineering design and manufacturing practices
and all applicable fire, electrical and construction codes.
10.
In order to minimize offsite impacts of radio frequency emissions,
the solar energy facility shall be designed with the following minimum
setbacks and standards.
(a)
Solar panels shall be located a minimum 100 feet from the property
line;
(b)
Solar inverters shall be located a minimum 150 feet from the
property line;
(c)
The facility's equipment shall be designed, constructed and
maintained to assure compliance with the standard set forth in the
Code of Federal Regulations (CFR) Title 47 Part 15 Subpart B 15.109.
11.
Any solar energy facility shall be decommissioned within 12 months
of the cessation of its utilization. Decommissioning shall include:
(a)
Removal of all energy facilities, structures and equipment,
including any subsurface wires and footings, from the parcel;
(b)
Restoration of the parcel in accordance with Subsections 17-35.1 paragraphs d1 through d4 of this chapter, unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with this chapter within that twelve-month period; and
(c)
Any other measures necessary to address ecological and visual
impacts associated with the solar energy facility, including the removal
of off-site infrastructure and restoration of affected lands.
12.
Any solar energy facility in the Preservation Area District shall
be enclosed with a fence that adheres with local electrical and building
codes. The fence shall be a minimum of seven feet in height with a
maximum height of nine feet made of two-inch galvanized mesh with
top and bottom tension wire, surround the solar facility and prevent
unauthorized entry of persons or vehicles into the solar area of the
solar array and any of the solar facility's associated inverters and
transformers. A 'Knox-Box®' shall be
installed at the site entrance to provide keyed entry to first responders.
