City of Millville, NJ
Cumberland County
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Table of Contents
Table of Contents
The conversion of a dwelling which is in conformity with the zoning regulations of the district in which it is located shall be permitted as provided in the Schedule of District Regulations subject to and in accordance with the following provisions:
A. 
Within an R-5 Residence District, any single-family, detached dwelling having at least three bedrooms may be converted by its owner to:
(1) 
One additional dwelling unit; or
(2) 
A maximum of two professional offices or one professional office and one dwelling unit.
B. 
The floor area of the original dwelling shall not be enlarged, nor the number of stories increased in connection with any dwelling unit conversion.
C. 
Any dwelling unit created through conversion of an existing dwelling, provided that:
(1) 
Each accessory or additional dwelling unit resulting from a conversion shall contain at least two rooms in addition to a complete kitchen, toilet, bathing and washing facilities.
(2) 
All additional dwelling units shall have minimum habitable floor areas according to the following:
(a) 
One-bedroom units: 550 square feet.
(b) 
Two-bedroom units: 700 square feet.
(c) 
Three-bedroom units: 900 square feet.
D. 
No efficiency units shall be permitted. The Planning Board may permit a greater or lesser amount of habitable floor area where, in its reasonable opinion, such is warranted by the specific circumstances of the particular building. In case of dwelling conversions as provided for in Subsection C above, any new dwelling unit or professional or business office shall not occupy more than 25% of the original dwelling floor area.
E. 
There shall be no external entrance that faces a street and that is separate from any other external entrance to any dwelling on the same lot facing the same street, but this restriction shall not apply to two or more entrances in existence on January 1, 1983.
F. 
Any additional dwelling units or professional offices shall be created only through internal conversions except for any required fire exits or escapes which when required shall be placed at the rear of the building, unless such placement interferes with necessary exit requirements. The present existing exterior architectural design of the original dwelling shall be maintained to preserve the single-family dwelling character of the neighborhood.
G. 
Each dwelling unit, professional office or boardinghouse resulting from a conversion shall provide parking area as provided in § 30-137 herein. All parking areas shall be located in the side or rear yard areas wherever possible.
H. 
Each room resulting from such conversion shall be of reasonable size for the use intended and shall have adequate light and air from the outside which complies with the Existing Structures Code, the Uniform Construction Code and/or the requirements of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
I. 
Each dwelling unit resulting from such conversion shall have safe, adequate and convenient means of access and egress which complies with the Existing Structures Code, the Uniform Construction Code and/or the requirements of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
J. 
Each dwelling unit existing on the property in question shall have a minimum of 1,000 square feet of open space for aesthetic, recreational and related uses, which open space shall be in addition to any space created to fulfill parking requirements established by this chapter.
No garbage, rubbish, refuse, solid or liquid wastes, tree limbs, roots or stumps, or other waste materials, except clean soil, sand and/or gravel, or rock deposited for the purpose of regrading or landscaping the land on which deposited, shall be dumped, pumped or deposited in any zone district within 500 feet of any municipal, county or state roadway or any lake, stream, river or property line, except after issuance of a zoning permit for such, subject to the following standards and regulations:
A. 
The disposition of materials shall:
(1) 
Not be objectionable by reason of dust, fumes, smoke or odor or otherwise be detrimental to the public health and safety.
(2) 
Not be found to cause an adverse effect on the environment.
(3) 
Be in accordance with the health and environmental standards and regulations of the Board of Health and any appropriate agencies of the New Jersey Departments of Health and Environmental Protection.
(4) 
Be undertaken during normal working hours and not require the building, construction or establishment of a road or driveway to the dumping area.
(5) 
Not require the destruction or removal of existing trees of twenty-four-inch caliper or larger.
(6) 
Conform to the performance standards contained in § 30-135 and Article XIV of this chapter.
B. 
The site where the disposition of materials is made shall be rehabilitated to its natural state through regrading and landscaping. A plan for such rehabilitation shall be submitted in conjunction with any site plan submitted for such proposed use. The posting of adequate performance guaranties to assure implementation of the rehabilitation plan shall be required.
C. 
An application for a zoning permit to dump or deposit materials in the City of Millville shall be made to the Zoning Officer in accordance with the procedures and subject to the requirements of a major site plan application as provided in § 30-45D of this chapter.
A. 
Purpose. It is the intent of this section to promote a desirable aesthetic and visual environment in all zoning districts within the City, and to promote the free flow of pedestrian and vehicular traffic within the commercial districts including the Central Business District.
B. 
Definitions. As used in this section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
FENCE or WALL
A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or between the street or public right-of-way and the property.
HEDGE
A clustering or configuration of plant material which permanently or temporarily prohibits or inhibits unrestricted travel between properties or between the street or public right-of-way and the property.
C. 
Permits required. In all zones fences, walls and hedges may be located within the property boundaries so long as they are authorized by a zoning permit and do not encroach on any public right-of-way or any adjacent property line. Further, the fence, wall or hedge cannot exceed the height of 36 inches in the required front yard building setback area for the zoning district in which the fence, wall or hedge is located. This height may be increased to 48 inches where the fence is no more than twenty-five-percent opaque. Fences, walls and hedges located along the portions of the side property lines which are outside the required front yard building setback area and fences, walls and hedges located along rear property lines may not exceed six feet in height without site plan approval from the local planning board or zoning board of adjustment. In order to provide an avenue for the aesthetic integrity of fences, walls or hedges, the regulations shall permit the “scalloping” of the height of the fence, wall or hedge so that the fence, wall or hedge is not required to reduce its height from six feet to three feet immediately at the front yard building setback line. Zoning permits shall be required for all fences, walls and hedges covered by this subsection. Construction permits shall be required for all fences over six feet in height.
[Amended 8-3-2010 by Ord. No. 14-2010]
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding site plan approval for fences, walls and hedges, was repealed 8-3-2010 by Ord. No. 14-2010.
E. 
Other codes. All fences, walls, and hedges shall be maintained in accordance with Chapter 11, Bureau of Permits and Inspections, Article XI, Property Maintenance Code,[2] of the Code of the City of Millville. All fences that serve as barriers to private and public swimming pools shall conform to applicable state regulations and Chapter 11, Bureau of Permits and Inspections, Article XIV, State Uniform Construction Code.[3]
[2]
Editor's Note: See Ch. 11, Art. VI.
[3]
Editor's Note: See Ch. 11, Art. X.
F. 
General standards. It is not the intent of this section to set forth approved materials for the construction of fences and walls. This can be reviewed and approved by the appropriate official or board. However, the construction materials used shall be consistent with the aesthetic and visual environment of the particular zoning district where the fence or wall is to be erected. Furthermore, within the Central Business District, construction shall conform to the extent possible with the aesthetic and visual standards established by the streetscape constructed by the City.
G. 
Agriculture. This section shall not apply to fences, walls and hedges that are constructed to control pests and predators on farmland pursuant to N.J.S.A. 4:1C-9 of the Right to Farm Act, provided that the construction or erection is in accordance with approved management practices established by the State Agriculture Development Committee.
Within any LC Land Conservation or Residence District all dwelling units with direct access to a public street or right-of-way, except apartment units, may be used for the practice of home occupations, subject to the following:
A. 
No home occupations shall require interior or exterior alterations of the principal structure.
B. 
Home occupations shall be limited to one per principal structure and shall be operated by a resident(s) of the dwelling unit in which it is located.
C. 
No display of products shall be visible from the street, and the sale of merchandise on the premises shall be prohibited.
D. 
No more than 20% of the principal residential structure nor more than 300 square feet of an accessory structure shall be used or occupied by the home occupation.
E. 
In the case of home professional occupation as defined in § 30-4, the use shall:
(1) 
Be carried on entirely within the principal structure.
(2) 
Not occupy more than 25% of the principal structure, except in the case of a professional office as permitted under § 30-131A(2) wherein the maximum area so utilized shall not exceed 50% of the habitable floor area of the principal structure.
(3) 
Permit the employment of no more than one employee not living on the premises, except in the case of professional office as provided in § 30-131A(2) where the number of employees not living on the premises shall not exceed two.
F. 
Parking spaces required to be provided in accordance with § 30-137 of this chapter for any home occupations in addition to those required of residential units shall not be located in any required front or side yard areas.
G. 
Signs for home occupations shall be in accordance with the provisions of Article XXIII of this chapter.
No use shall be permitted within the City of Millville which does not conform to the standards of use, occupancy and operation contained in this section. The standards contained herein are hereby established as the minimum requirements to be maintained within the City of Millville in all cases, except where superseded by a state or federal agency requirement having jurisdiction.
A. 
Noise. (See noise pollution control regulations set forth in Article VIII of Chapter 52 of the Municipal Code.)
[Amended 8-17-2004 by Ord. No. 23-2004]
B. 
Odor. No emission of odorous gases or other odorous material shall be permitted in such quantity as to be offensive at the lot lines or beyond.
C. 
Glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building so that no operation will produce heat or glare beyond the property line of the lot on which the operation is located.
D. 
Radiation. No activity involving ionizing radiation shall be permitted which will cause radiation at any point on or beyond any lot line in excess of limits contained in the United States Nuclear Regulatory Commission's Rules and Regulations as amended from time to time.
E. 
Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point on or beyond any lot line on which the use is located.
F. 
Smoke. There shall be no emission of smoke from any source whatever to a density greater than that prescribed by the laws of the State of New Jersey.
G. 
Toxic or noxious matter. No use shall, for any period of time, discharge any toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property, business, marine life or wildlife.
H. 
Dust or dirt. No emission which can cause any detrimental effect on human beings, animals, vegetation or property or which can cause an excessive soiling at any point, and in no event any emission from any chimney or otherwise of any solid or liquid particles shall be permitted in excess of that prescribed by the laws of the State of New Jersey.
I. 
Fire and explosion hazard. All industrial activities shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazard, as determined by state or local officers, to a use on an adjacent property. Free- or active-burning materials shall be enclosed with noncombustible walls and shall be set back at least 40 feet from any lot line or shall be protected with automatic sprinklers. Materials or products which produce flammable or explosive vapors under ordinary weather temperatures shall be adequately safeguarded.
J. 
Liquid or solid waste.
(1) 
No discharge at any point into any private sewage disposal system stream or into the ground or any materials in such way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements shall be permitted except in accordance with the standards approved by the County Board of Health and the State Department of Health where it has jurisdiction; or, in the event that such standards as may be required for controls are not included in such department, then standards equivalent to those shall apply. No accumulation of solid waste conducive to the breeding of rodents and insects shall be permitted, and no materials or wastes shall be deposited upon any lot in such form or manner or quantity as may be transferred off that lot by natural causes or forces.
(2) 
Effluent from a treatment plan shall at all times comply with the following standards:
(a) 
Maximum quantity of effluent shall be 10% of the minimum daily stream of flow.
(b) 
Maximum five-day biochemical oxygen demand shall be 25 parts per million.
(c) 
Maximum five-day biochemical oxygen demand after dilution (BOD of effluent multiplied by quantity divided by quantity of stream flow) shall be 25 parts per million.
(d) 
Maximum total solids shall be 5,000 parts per million.
(e) 
Maximum phenol shall be 0.01 part per million.
(f) 
No effluent shall contain any other acids, oils, dust, toxic metals or corrosive or other toxic substances in solution or suspension which would create odor, poison or otherwise pollute any stream in violation of applicable laws of the State of New Jersey.
K. 
Electromagnetic interference. No activities shall be permitted, except domestic household appliance use, which produce electromagnetic interference in excess of standards prescribed by the Federal Communications Commission.
L. 
Buffer zones. Any permitted industrial use located adjacent to a district boundary line shall observe a building line setback of 200 feet from the district boundary line. This area shall constitute a buffer zone that may be utilized only for Planning Board approved uses.
Off-street loading requirements and maneuvering space shall be provided for the loading and unloading of vehicles on the lot on which is located the use for which the loading space is required as set forth herein:
A. 
A minimum of one space per nonresidential use shall be provided, except that, where more than one use shall be located in one building or where multiple uses are designed as part of a self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex and shall be dispersed throughout the site to best serve the individual uses.
B. 
There shall be at least one central point for trash/garbage pickup in multifamily and nonresidential uses which shall be separate from parking and loading areas by locating such facility either within a building or outside the building in totally enclosed metal container(s), 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, doorway(s) may serve both the loading and trash/garbage collection functions. If a container is used outside the building, it may be located adjacent to or within the general loading area(s), provided that the container or containers do not interfere with or restrict in any manner loading and unloading functions.
C. 
The minimum number of loading spaces required shall be:
(1) 
Funeral homes: one space per 2,500 square feet of floor area. Dimensions of a loading space may be reduced to 33 feet by 12 feet.
(2) 
Hospitals, nursing and convalescent homes and sanitoria: one space per 10,000 square feet of floor area and exclusion of any emergency vehicle loading space.
(3) 
Retail stores: one space for every 4,000 square feet of gross floor area.
(4) 
Office uses: one space for every 20,000 square feet of gross floor area.
(5) 
Warehousing, indoor storage, shipping and receiving: one space for every 10,000 square feet of gross floor area.
(6) 
Research, testing, laboratory, manufacturing and assembly: one space for every 20,000 square feet of gross floor area.
(7) 
Public and quasi-public office buildings: none.
(8) 
Schools, philanthropic institutions, assembly halls: one space for every 20,000 square feet of gross floor area.
D. 
Within the B-3 Central Business District, the Planning Board may waive the requirement for off-street loading space where constraints of land and access do not make provision of same feasible in the reasonable opinion of the Planning Board. Wherever possible such loading space shall be provided.
E. 
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 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be fewer than the number required by the above schedule, provided that the applicant, as part of the site plan application, shall indicate on the site plan and shall document to the approving authority that the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.
F. 
The conformance for any use requiring loading facilities shall remain valid so long as such facilities are provided and maintained in accordance with the following requirements:
(1) 
They shall be provided and maintained so long as the use exists which the facilities are designed to serve; and
(2) 
Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the delivery and pickup vehicles that they are designed to serve.
G. 
Access to loading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience, and that will permit orderly and safe movement of truck vehicles.
H. 
Loading space(s) as required under this section shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking.
I. 
Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the City Engineer.
J. 
Any use which can reasonably be expected to have a number of trucks making deliveries or pickups on a daily basis which may require delays in order to make such delivery or pickup shall, in addition to any required loading space, provide a truck waiting or standing area in order to avoid undue interference with the public use of streets or alleys.
[Amended 8-3-2010 by Ord. No. 14-2010]
A. 
Purpose. This section sets minimum standards for off-street requirements for new construction and expansion of or changes to existing uses. The purpose of this section is to ensure that uses have a minimum level of off-street parking to avoid congestions on surrounding streets while avoiding excessive parking which dries up the cost of development, invites excessive levels of traffic congestion and creates increases in flooding and nonpoint source pollution. The parking ratios contained herein reflect the City's commitment to reduce its impact on the environmental and natural resources as outlined in the Environmental Sustainability Element of the Master Plan. The parking standards advance the goal of reducing runoff volume and providing water quality benefits.
B. 
General applicability. The minimum parking ratio standards apply to all zoning districts except the B-3 Central Business District. The Zoning Officer shall determine the parking requirement for uses that do not correspond to the categories listed in the Parking Standards Table.[1] In such instances the applicant shall provide adequate information as requested by the Zoning Officer in order to make a determination.
[1]
Editor's Note: See § 30-137F.
C. 
Multiple uses. Where the application identifies accessory or multiple uses within a structure or multiple structures, the minimum standards shall apply to each use or structure. This does not apply to shared parking.
D. 
Shared parking. Parking spaces required by this section may be provided cooperatively for two or more uses in a development or for two or more individual uses, subject to the requirements of this section and the following conditions:
(1) 
The off-site, off-street parking facilities are within 300 feet of the property.
(2) 
The parking demands of the individual uses, based upon the minimum parking requirements of this section, are such that the total parking demand of all the uses at any one time is less than the total parking stalls required.
(3) 
A written agreement between the owners and lessees is executed for a minimum of five years and a copy of said agreement is maintained in the Planning office. The Planning Board shall be notified when any agreement is canceled or expires. Should the lease terminate, the lessee must return to the Planning Board with a revised parking plan.
E. 
Bicycle parking. Bicycle parking spaces shall be required for all nonresidential uses and structures. One bicycle parking space shall be required for each 20 parking spaces. Such spaces may be provided through bicycle storage racks or other fixtures securely affixed to the ground.
F. 
Parking ratios. The following table establishes the minimum number of parking spaces required for the uses indicated:
Parking Requirements
Use
Number of Spaces
Residential
Dwelling conversion
2 per unit
Multifamily dwellings
1.75 per unit
Duplexes, twin houses
2 per unit
Senior citizen multifamily
1 per 3 units
Rooming houses
1 per 3 beds plus 1 for owner/manager
Nursing homes
0.3 per room; 1 per 4 employees
Assisted living facilities
0.3 per room; 1 per 4 employees
Commercial and Retail Uses
Hotels
0.8 per room plus 1 per 800 square feet of public meeting area and restaurant space plus 1 per 2 employees
Bed-and-breakfast inn
1 per guest room plus 2 spaces for owner
Restaurants
1 per 3 seats
Bars, taverns and nightclubs
1 per 2 seats
Fast-food restaurants
1 per 150 square feet of GFA
Drive-through food service
1 per 250 square feet of GFA and the ability to stack 8 cars
Supermarkets
1 per 250 square feet of GFA
Department store, standalone
1 per 300 square feet of GFA
Neighborhood or regional shopping center
4 per 1,000 square feet of GFA
Retail stores
1 per 250 square feet of GFA
Big-box retail stores
1 per 500 square feet of GFA
Convenience stores
3 per 1,000 square feet of GFA
Warehouse
1 per 7,500 square feet of GFA
Office or bank building
1 per 300 square feet of GFA
Professional or medical offices
1 per 300 square feet of GFA
Industrial
Industrial buildings/manufacturing plants
1 per 500 square feet of GFA
Recycling, demolition
1 per employee
Construction-related uses
1 per 1,000 square feet of GFA
Institutional and Community Facilities
Hospitals
1 per 6 seats or 1 per 100 square foot of GFA
Movie theaters
1 per 6 seats or 1 per 100 square feet of GFA
Amusement or theme parks, sports, recreation
If no permanent seats, 1 per 2 employees
Library
1 per 500 square feet of GFA
Schools/kindergarten through grade 12
1 per faculty and other employees, and 1 per 10 auditorium seats
Schools/colleges and other secondary schools
1 per faculty and other employees
Child-care facilities/day care
1 per 500 square feet of GFA
Churches
1 per 8 seats
A. 
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use or structure and part of the normal operations or business conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district, including setbacks, area and coverage requirements, and shall be screened as provided for in § 30-155 from any property used or zoned for residential purposes or whenever required by the Planning Board in order to eliminate or reduce an adverse effect or impairment of visual or aesthetic scenes or vistas.
B. 
No front yard of a residential property shall be used for the parking or open storage of boats, campers, private passenger motor vehicles, recreational vehicles or equipment, except for the parking of motor vehicles on driveways or designated parking areas improved to the standards required by municipal regulations.
[Amended 12-7-2004 by Ord. No. 42-2004]
C. 
No residential property shall be used for the parking or open storage of more than one motor vehicle in any of the following conditions: 1) without current license plates and registration; or 2) in a mechanically inoperable condition; or 3) in an obvious condition of disrepair.
[Amended 12-7-2004 by Ord. No. 42-2004]
D. 
No residential property shall be used for the parking or open storage of commercial motor vehicles or commercial equipment, including, for example, omnibuses, school buses, dump trucks, tractor-trailers, snow plows and the like.
[Added 12-7-2004 by Ord. No. 42-2004]
E. 
Any motor vehicle or equipment which is parked or stored in violation of this section shall be removed by the owner or occupant of a residential property within three days when requested to do so by the Zoning Officer. The failure to comply with the request of the Zoning Officer shall constitute a separate violation for each day the motor vehicle or equipment remains beyond the deadline for removal.
[Added 12-7-2004 by Ord. No. 42-2004]
The following standards and regulations shall apply to swimming pools:
A. 
Private swimming pools, hot tubs and spas.
[Amended 7-17-2007 by Ord. No. 24-2007; 10-21-2008 by Ord. No. 29-2008]
(1) 
Open pools, hot tubs and spas in excess of 24 inches deep or having the ability to hold 24 inches of water or more and either below grade or above grade shall be considered as accessory uses for the purpose of zoning and building permits and regulations. For the purpose of this chapter, swimming pools, spas and hot tubs, exclusive of patio area, shall not be considered in lot coverage calculations. Setbacks for swimming pools, spas and hot tubs shall comply with the setbacks in the Schedules of District Regulations.[1]
[1]
Editor's Note: Said schedules are included at the end of this chapter.
(2) 
Swimming pool, spa and hot tub enclosures shall comply with Section 3109 of the International Building Code in effect at the time of the submission of the permit.
(3) 
All swimming pools shall be provided with a filtering system utilizing chlorinated water, meeting New Jersey State Department of Health requirements or standards.
(4) 
All swimming pools shall drain in conformance to a system approved by the City Engineer.
B. 
Semipublic and public swimming pools and swimming clubs. Semipublic and public swimming pools and swimming clubs operated on a nonprofit, annual membership basis shall be permitted as indicated in the Schedules of District Regulations, provided that:
(1) 
Proof is furnished to the Zoning Officer that the proposed use is a bona fide nonprofit activity organized solely for the use and enjoyment of the membership.
(2) 
The parcel involved in the use shall contain at least three acres and shall have 200 feet of highway frontage.
(3) 
No more than a total of 20% of the lot shall be covered by structures, paved parking areas and the pool together with its adjoining hard-surfaced areas.
(4) 
No part of the pool, accompanying hard-surfaced area or other supporting structures or activity area shall be located within 75 feet of a property line, or less than 300 feet from the nearest dwelling.
(5) 
The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval of the Zoning Board of Adjustment.
(6) 
Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of N.J.S.A. 26:3-69 through 26:3-69.6, as amended and supplemented. The above-mentioned regulations, commonly known as the "Swimming Pool Code of New Jersey, 1970," is hereby adopted by reference. A copy of the code is annexed hereto and made a part hereof without inclusion of the text thereof.
(7) 
All pools shall be surrounded on all sides by a yard 25 feet in width, exclusive of parking area.
(8) 
All pools shall have permanent and direct access to a public street.
(9) 
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present.
(10) 
All lot boundaries shall be screened in accordance with the screening provisions of § 30-155 of this chapter.
(11) 
Adequate parking shall be provided in accordance with the provisions of §§ 30-137 and 30-171 of this chapter.
The following regulations and standards shall apply to all farm (irrigation), drainage or industrial ponds within any zoning district within the City of Millville:
A. 
All such ponds shall be designed and constructed in such a manner as to avoid steep slopes or embankments.
B. 
Where such ponds are located within 100 feet of a residential use, other than the residence of the farmer on whose land the pond is located, shall have appropriate fencing around the man-made pond when required by the Planning Board. Such fencing shall be not less than four feet in height and shall have adequate safeguards to prevent access to the pond.
C. 
Specific drainage requirements as set forth herein this chapter or other applicable ordinances or regulations shall be applicable to such man-made ponds where determined by the Planning Board to be necessary to protect the public health, safety and general welfare.
[Added 3-7-2006 by Ord. No. 8-2006]
Where the transfer of development credits from noncontiguous parcels is permitted within a zoning district, the process of determining the number of credits, restriction of use after the transfer, recording of such transfer and other provisions shall meet the requirements of this section.
A. 
The transfer of development credits to a noncontiguous parcel shall be for residential purposes only.
B. 
The number of development credits that may be transferred from a parcel shall be equal to the gross land area multiplied by the base zoning density or residential cluster density specific to the zoning district, at the option of the applicant. All land used in the establishment and transfer of development credits shall be located within the City of Millville.
C. 
Application for the development transfer option shall be made in conjunction with a general development plan application that includes all or part of a village node as depicted on the Land Use Plan of the Master Plan, dated May 9, 2005, as it may be amended or superseded.
D. 
Recording of development easement. A development easement shall be placed on all lands under which a noncontiguous transfer of credits is approved by the Board of Jurisdiction pursuant to the provisions of this section. The development easement shall prevent the further development of the parcel, except as may be permitted pursuant to Subsection G herein, and shall be subject to the review and approval of the City Attorney or designee prior to recording with the office of the Cumberland County Clerk. The credits shall have been deemed established at the time of recording of the development easement.
E. 
Use of credits. Credits from restricted land may be applied to areas proposed for residential development within a planned unit development or planned unit residential development to increase the density of development, provided that net residential densities are not exceeded. One credit shall equal one residential dwelling unit.
F. 
Record of transfers. The Tax Assessor shall mark each transfer of credits from the sending parcel to the receiving parcel in a record of transfers. The record of transfers shall include the block and lot number(s) to which credits shall be transferred from and to the respective landowners and their addresses, the transferring entity, and the use of credits by date, number, and any other information deemed pertinent by the Administrative Officer or designee. The record of transfer shall be a public record. The Tax Assessor shall so record the transaction in the record of transfer and annually provide a copy to the Community Development Office, or designee, to be kept on file.
G. 
Use of land after transfer. Property from which development credits have been transferred shall be deed restricted to the following allowed uses:
(1) 
Common open space maintained by homeowners' association established pursuant to N.J.S.A. 40:55D-43.
(2) 
Public open space dedicated to a government, governmental agency or land trust.
(3) 
Golf course, in accordance with the standards of § 30-213. Any golf course shall be deed restricted from further development, except for accessory building, structures and uses as otherwise permitted. Such deed restriction shall contain a reversion clause whereby the use shall be converted to agriculture, conservation or open space in the event of a cessation in operations.
(4) 
Agricultural use.
(5) 
Permissible improvements allowed in conjunction with the principal use of Subsections B(1) through B(2):
(a) 
Playground and recreation equipment, athletic fields, nature and fitness trails with ancillary parking and restroom facilities.
(b) 
Equipment and maintenance building not exceeding 1,000 square feet in area.
(c) 
Installation of underground utilities and stormwater management facilities due solely to open space and agricultural use improvements.
(d) 
Widening of existing street right-of-way by governmental agency.
(6) 
Permissible improvements allowed in conjunction with an agricultural use:
(a) 
Farmstead.
(b) 
Buildings to house agricultural equipment and supplies, livestock and crops.
(c) 
Corrals and pens.
(d) 
Windmills for water supply and irrigation.
[1]
Editor's Note: Former § 30-140.1, Uses granted special status, the first section in Art. XV, Specially Protected Uses, was repealed 3-7-2006 by Ord. No. 8-2006.