Township of Monroe, NJ
Gloucester County
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Table of Contents
Table of Contents
A. 
All construction shall be performed in accordance with the details and specifications of the Township as described herein.
B. 
The developer shall employ a New Jersey licensed professional planner, engineer and/or architect to prepare appropriate and specifications for site improvements and a licensed land surveyor of New Jersey to make land surveys and subdivision maps.
C. 
Construction of all required improvements shall be inspected by the Township Engineer.
D. 
Minor modifications or changes in the approved plans and specifications may be affected only upon written approval of the Planning Board Engineer, but some changes may require further review and approval of the Planning Board and Pinelands Commission pursuant to Section 4-309 of the New Jersey Pinelands Comprehensive Management Plan.
E. 
Any application for development shall demonstrate conformance with design standards that will encourage sound development patterns within the Township. Where either an Official Map and/or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon. Proposed development shall also conform to the standards and management programs of the New Jersey Pinelands Comprehensive Management Plan as contained within this chapter. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.
F. 
Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
G. 
The proposed name of a development or street shall not duplicate, or too closely approximate, the name of any other development or street in the Township. The approving authority shall have final authority to designate the name of the development or street.
[Amended 4-22-2003 by Ord. No. O-7-2003; 4-24-2007 by Ord. No. O-12-2007; 5-22-2017 by Ord. No. O:22-2017[1]]
A. 
Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements prescribed as follows.
B. 
Location. An accessory building or structure may be errected in side and rear areas only but never in front of the home when detached and shall be set back from lot lines as prescribed below except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
C. 
No business, service or industry shall be conducted within a private garage, except for lawfully permitted home occupations in accordance with § 175-111.
D. 
A storage shed shall be permitted as an accessory use in all zones, provided:
(1) 
One shed is permitted and must be five feet from the side property line and five feet from the rear property, excluding corner lots. A shed is never permitted in front of the home.
(2) 
A shed is allowed with maximum floor area of 200 square feet and a maximum height of 15 feet from the ground level to the peak.
E. 
Accessory buildings or structures shall not be located in any required buffer areas, easements or drainageways.
F. 
A maximum of two accessory buildings consisting of one shed and one garage is permitted except on qualified farmland. All farmland structures shall adhere to the setback requirements of this chapter.
(1) 
One garage is permitted with a maximum size floor area ratio of 900 square feet and a maximum height of 18 feet from the ground level to the peak.
G. 
Design criteria:
(1) 
Roof shape. The roof shape of a garage or shed shall be visually compatible with buildings and/or structures to which it is visually related.
(2) 
Relationship of materials, texture and color. The relationship of materials, textures and color of the façade and roof of a garage or shed should be visually compatible with the materials and structures to which it is visually related.
(3) 
Accessory structures are not permitted in the front yard or in the front of the home.
(4) 
All living units are prohibited over or attached to garages except those garages attached to residential dwellings.
H. 
No construction permit shall be issued for the construction of an accessory building or structure prior to the issuance of a zoning and construction permit for the construction of the principal building or structure upon the same premises.
[1]
Editor’s Note: This ordinance received approval from the Pinelands Commission 6-2-2017.
[Added 5-21-1990 by Ord. No. O-11-90; amended 2-5-1996 by Ord. No. O-01-96]
A. 
Affordable housing obligation.
[Amended 5-28-2019 by Ord. No. O:14-2019[1]]
(1) 
This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the "Substantive Rules of the New Jersey Council on Affordable Housing," N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households. In addition, this section applies requirements for very-low-income housing as established in P.L.208.c.46.[2]
[2]
Editor's Note: See N.J.S.A. 52:27D-329.2.
(2) 
This section is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability over time and that low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.
(3) 
The Monroe Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Township Council of the Township of Monroe. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing.
(4) 
This section implements and incorporates the Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
(5) 
This section incorporates by reference the affordable housing developments and their requirements as documented in the January 5, 2018 Settlement Agreement in the Matter of the Township of Monroe, County of Gloucester, Docket No: L-930-15 and the Consent Agreement between the Township of Monroe and Summerfields West, LLC.
(6) 
All residential planned development under § 175-161C(3) Regional Growth Zoning Districts, Planned Residential Development, § 175-161.1, RG-RA Regional Growth Residential Age-Restricted District, and § 175-162.1, RA Residential Age-Restricted District shall provide affordable housing units in accordance with § 175-89.1 and shall provide 15% of the total units within a development as affordable units.
(7) 
All mobile home parks shall provide affordable housing units in accordance with § 175-89.1 and shall provide 11.11% of the total units within a development as affordable units. All mobile homes parks shall be regulated under Chapter 289 and § 175-161C(6) and as referenced in the January 2018 Consent Agreement between the Township of Monroe and Summerfields West, LLC.
(8) 
The affordable housing requirements of § 175-161.3 RG-MU Regional Growth Mixed-Use District, § 175-162.5 MU-AR Mixed-Use Age-Restricted District, § 175-162.2 MU Mixed-Use District and § 175-162.6 AH Affordable Housing District shall apply to these specific districts.
[1]
Editor's Note: This ordinance also renumbered former Subsections F and G as Subsections J and K, respectively.
B. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
[Amended 5-28-2019 by Ord. No. O:14-2019]
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.S.A. 52:27D-304; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93-3, and/or funded through an affordable housing trust fund.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that all the residents of the development where the unit is situated are 62 years or older; or at least 80% of the units are occupied by one person that is 55 years or older; or the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
FAIR SHARE PLAN
The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.S.A. 52:27D-309 through 52:27D-314.
HOUSING ELEMENT
The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1(b) and establishes the Township's fair share obligation.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county, as adopted annually by COAH or a successor entity approved by the Court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by COAH's adopted regional income limits published annually by COAH, or other regional income limits that may be approved by the Court. "Rehabilitation" means the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
C. 
New construction. The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.
[Amended 5-28-2019 by Ord. No. O:14-2019]
(1) 
Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units whether developed in a single-phase development, or in a multiphase development:
Maximum Percentage of Market Rate Units Complete
Minimum Percentage of Low- and Moderate-Income Completed Unit
25%
0%
25% + 1
10%
50%
50%
75%
75%
90%
100%
(2) 
Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.
(3) 
Utilities and common elements. In inclusionary developments, affordable units shall utilize the same type of heating source as the market units within the development, and the occupants of the affordable units shall have access to all of the same common elements and facilities as the occupants of the market units within the development.
(4) 
Low/moderate split and bedroom distribution of affordable housing units:
(a) 
Affordable units in a development shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b) 
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
(5) 
At least 13% of all affordable rental units shall be very-low-income units (affordable to households earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.
(6) 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a) 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b) 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c) 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d) 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(7) 
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
(8) 
Accessibility requirements:
(a) 
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(b) 
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
[1] 
An adaptable toilet and bathing facility on the first floor;
[2] 
An adaptable kitchen on the first floor;
[3] 
An interior accessible route of travel on the first floor;
[4] 
An interior accessible route of travel shall not be required between stories within an individual unit;
[5] 
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
[6] 
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Township of Monroe's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] 
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Monroe.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Monroe's affordable housing trust fund in care of the Chief Financial Officer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
[f] 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is impracticable to meet the requirements on the site. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
D. 
Maximum rents and sales prices.
[Amended 5-28-2019 by Ord. No. O: 14-2019]
(1) 
In establishing rents and sale prices of affordable housing units, the administrative agent shall follow the procedure set forth in UHAC, utilizing the most recently published regional weighted average of uncapped Section 8 income limits published by HUD and the procedures set forth in the May 5, 2018 Final Court Order approving the settlement agreement with the Fair Share Housing Center.
(2) 
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
(3) 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.
(4) 
At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.
(5) 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
(6) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(7) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(8) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(9) 
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(10) 
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(11) 
The rent of low- and moderate-income units may be increased annually based on the permitted increase in the Housing Consumer Price Index for the Northeast Urban Area. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
(12) 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
E. 
Condominium and homeowners association fees. For any affordable housing unit that is part of a condominium association and/or homeowners' association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.
[Amended 2-27-2017 by Ord. No. O:08-2017; 5-28-2019 by Ord. No. O:14-2019]
F. 
Affirmative marketing.
[Added 5-28-2019 by Ord. No. O]
(1) 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 5 and covers the period of deed restriction.
(2) 
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 5, comprised of Burlington, Camden, and Gloucester Counties.
(3) 
Although the Township has the ultimate responsibility for implementing all aspects of Monroe's affordable housing program, the administrative agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the affirmative marketing plan for the municipality.
(4) 
In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(5) 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Monroe.
(6) 
The affirmative marketing plan for each affordable housing development shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the affirmative marketing plan, the administrative agent shall consider the use of language translations where appropriate.
(7) 
Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Applications shall be mailed to prospective applicants upon request.
(8) 
The Township, as part of its affirmative marketing plan, shall provide notice to the Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network and the Gloucester County Chapter of the NAACP of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this paragraph.
(9) 
The affirmative marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low- and moderate-income housing units are initially occupied and for so long as affordable housing units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
G. 
Occupancy standards.
[Added 5-28-2019 by Ord. No. O:14-2019]
(1) 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(a) 
Provide an occupant for each bedroom;
(b) 
Provide children of different sexes with separate bedrooms;
(c) 
Provide separate bedrooms for parents and children; and
(d) 
Prevent more than two persons from occupying a single bedroom.
(2) 
Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.
(3) 
Selection of occupants of affordable housing units.
(a) 
The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.
(b) 
A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq.
(4) 
Control periods for restricted ownership units and enforcement mechanisms.
(a) 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years and, thereafter, until Monroe takes action to release the unit from such requirements.
(b) 
Rehabilitated owner-occupied single-family housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
(c) 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(d) 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(e) 
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
(f) 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
(g) 
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
(5) 
Price restrictions for restricted ownership units, homeowner association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(a) 
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
(b) 
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(c) 
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
(d) 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
(6) 
Capital improvements to ownership units.
(a) 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
(7) 
Buyer income eligibility.
(a) 
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
(b) 
Notwithstanding the foregoing, however, the administrative agent may, in accordance with COAH's criteria, permit moderate-income purchasers to buy low-income units in housing markets determined by COAH to have an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing restrictions for low-income units.
(c) 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to a certified household for a period not to exceed one year.
(d) 
The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
(8) 
Limitations on indebtedness secured by ownership unit; subordination.
(a) 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.
(b) 
With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
(9) 
Control periods for restricted rental units.
(a) 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years and, thereafter, until Monroe takes action to release the unit from such requirements.
(b) 
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
(c) 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Gloucester. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
(d) 
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
[1] 
Sublease or assignment of the lease of the unit;
[2] 
Sale or other voluntary transfer of the ownership of the unit; or
[3] 
The entry and enforcement of any judgment of foreclosure.
(10) 
Rent restrictions for rental units; leases.
(a) 
A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
(b) 
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
(c) 
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(11) 
Tenant income eligibility.
(a) 
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
[1] 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
[2] 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
[3] 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
(b) 
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
[1] 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
[2] 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
[3] 
The household is currently in substandard or overcrowded living conditions;
[4] 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
[5] 
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
(c) 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection G(11)(b)[1] through [5] above with the administrative agent, who shall counsel the household on budgeting.
(12) 
Conversions. Each housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
H. 
Administration.
[Added 5-28-2019 by Ord. No. O:14-2019]
(1) 
Municipal Housing Liaison.
(a) 
The position of Municipal Housing Liaison for the Township of Monroe is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Council and be subject to the approval of the Court or COAH, as appropriate.
(b) 
The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Monroe.
(c) 
The Municipal Housing Liaison must meet COAH's requirements for qualifications, including initial and periodic training.
(d) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Monroe, including the following responsibilities if not contracted out to the administrative agent:
[1] 
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
[2] 
The implementation of the affirmative marketing plan and affordability controls, unless contracted to the administrative agent.
[3] 
When applicable, supervising all administrative agents.
[4] 
Monitoring the status of all restricted units in the Township of Monroe's Fair Share Plan;
[a] 
Compiling, verifying and submitting annual reports as required by COAH;
[b] 
Coordinating meetings with affordable housing providers and administrative agents, as needed; and
[c] 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by COAH.
(2) 
Administrative agent.
(a) 
Township shall designate by resolution of the Township Council, subject to the approval of the Court, one or more administrative agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.
(b) 
The fees of the administrative agent shall be paid by the owners for the affordable units for which the services of the administrative agent are required.
(c) 
The administrative agent shall, as delegated by the Township Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities which are set forth in N.J.A.C. 5:80-26.14, 15, 16 and 18 and described in full detail in the program's operating manuals.
(3) 
Developer marketing responsibilities. The developer shall assume all costs for the affirmative marketing and initial sales and rental transactions associated with the low- and moderate-income housing development, unless otherwise determined or agreed to by the Township of Monroe. The developer's administrative agent shall have all of the responsibilities as put forth in this rule and shall follow the same procedures for affirmatively marketing, qualifying individuals and households and recording of property instruments as described herein for the Township's administrative agent. After the initial sales transactions, the administrative agent shall assume the duties of the developer's administrative agent for any resales. The administrative agent shall charge a reasonable fee to the program seller(s)/owner(s) for the administration of the housing affordability controls program.
(4) 
Enforcement of affordable housing regulations.
(a) 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(b) 
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
[1] 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
[a] 
A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
[b] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Monroe Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[c] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
[2] 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
[3] 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
[4] 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
[5] 
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
[6] 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
[7] 
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
[8] 
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
(5) 
Appeals. Appeals from all decisions of an administrative agent designated pursuant to this section shall be filed in writing with the Executive Director of COAH or its successor.
I. 
Monitoring and reporting requirements.
[Added 5-28-2019 by Ord. No. O:14-2019]
(1) 
The Township of Monroe shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Superior Court-approved Housing Element and Fair Share Plan:
(a) 
Beginning one year after the entry of the Township's Round 3 Judgment of Compliance and Repose, and on every anniversary of that date through July 1, 2025, the Township shall provide an annual report of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center (FSHC) and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS). The report shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
(b) 
Beginning one year after the entry of the Township's Round 3 Judgment of Compliance and Repose, and on every anniversary of that date through July 1, 2025, the Township agrees to provide an annual report of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center, using forms previously developed for this purpose by COAH, or any other forms endorsed by the Superior Court Appointed Special Master and FSHC.
(c) 
The Fair Housing Act includes two provisions regarding action to be taken by the Township during its ten-year repose period. The Township will comply with those provisions as follows:
[1] 
For the midpoint realistic opportunity review due on July 2, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether the mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the Township, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Superior Court regarding these issues.
[2] 
For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the Township's Judgment of Compliance and Repose, and every third year thereafter, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Township and Fair Share Housing Center on the issue of whether the Township has complied with its very-low-income housing obligation under the terms of this settlement.
[3] 
In addition to the foregoing postings, the Township may also elect to file copies of its reports with COAH or its successor agency at the state level.
J. 
Design standards. Consideration shall be given to the granting of waivers from Article XII requirements if it can be demonstrated that such deviation from the requirements is necessary for the provision of affordable housing. No waivers shall be granted unless it is demonstrated that the waiver will not result in any negative impact upon the public health, safety and welfare.
K. 
Development fees.
[Added 10-9-2007 by Ord. No. O-59-2007; amended 4-14-2009 by Ord. No. O:06-2009; 4-14-2014 by Ord. No. O:07-2014]
(1) 
Purpose.
(a) 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(b) 
Pursuant to P.L. 2008, c. 46 § 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
(c) 
This subsection establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's rules and in accordance with P.L. 2008, c. 46, §§ 8 and 32-38.[3] Fees collected pursuant to this subsection shall be used for the sole purpose of providing low- and moderate-income housing. This subsection shall be interpreted within the framework of COAH's rules on development fees codified at N.J.A.C. 5:97-8.
[3]
Editor's Note: See N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7, respectively.
(2) 
Basic requirements.
(a) 
This Subsection shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
(b) 
The Township of Monroe shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
(3) 
Definitions. The following terms, as used in this subsection, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable housing development.
COAH or the COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
(4) 
Residential development fees.
(a) 
Imposed fees.
[Amended 2-27-2017 by Ord. No. O:08-2017]
[1] 
Within all districts, residential developers shall pay a fee of 1.5% of the equalized assessed value for new residential development.
(b) 
Eligible exactions, ineligible exactions and exemptions for residential development.
[1] 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
[2] 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
[3] 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
[Amended 2-27-2017 by Ord. No. O:08-2017]
[4] 
Developers of residential structures demolished and replaced as a result of fire, flood or natural disaster shall be exempt from paying a development fee.
(5) 
Nonresidential development fees.
(a) 
Imposed fees.
[1] 
Within all districts, nonresidential developers shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
[2] 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
[3] 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(b) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
[1] 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.
[2] 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
[3] 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF, State of New Jersey Non-Residential Development Certification/Exemption Form. Any exemption claimed by a developer shall be substantiated by that developer.
[4] 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
[5] 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this subsection within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees, under these circumstances, may be enforceable by Monroe Township as a lien against the real property of the owner.
(6) 
Collection procedures.
(a) 
Upon the granting of a preliminary, final or other applicable approval, for development, the applicable approving authority shall direct its staff to notify the Construction Code Official.
(b) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, State of New Jersey Non-Residential Development Certification/Exemption, to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Code Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The County Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(c) 
The Construction Code Official shall notify the County Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(d) 
Within 90 days of receipt of that notice, the County Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(e) 
The Construction Code Official notifies the County Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(f) 
Within 10 business days of a request for the scheduling of a final inspection, the County Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee and thereafter notify the developer of the amount of the fee.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(g) 
Should Monroe Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(h) 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(7) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Monroe Township. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Monroe Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(8) 
Affordable housing trust fund.
(a) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(b) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
[1] 
Payments in lieu of on-site construction of affordable units;
[2] 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
[3] 
Rental income from municipally operated units;
[4] 
Repayments from affordable housing program loans;
[5] 
Recapture funds;
[6] 
Proceeds from the sale of affordable units; and
[7] 
Any other funds collected in connection with Monroe Township's affordable housing program.
(c) 
Within seven days from the opening of the trust fund account, Monroe Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(d) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
(9) 
Use of funds.
(a) 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township of Monroe's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market-to-affordable or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, purchase of housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, or administration necessary for implementation of the Housing Element and Fair Share Plan or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the approved spending plan.
(b) 
Funds shall not be expended to reimburse the Township of Monroe for past housing activities.
(c) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
[1] 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.
[2] 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the third-round municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
[3] 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(d) 
The Township of Monroe may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(e) 
No more than 20% of the revenues collected from development fees each year may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
(10) 
Monitoring. The Township of Monroe shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Township of Monroe's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
(11) 
Ongoing collections of fees. The ability for the Township of Monroe to impose, collect and expend development fees shall expire with its substantive certification unless the Township of Monroe has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township of Monroe fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township of Monroe shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance nor shall the Township of Monroe retroactively impose a development fee on such a development. The Township of Monroe shall not expend development fees after the expiration of its substantive certification or judgment of compliance.[4]
[4]
Editor’s Note: Former § 175-89.2, Provision of affordable housing pursuant to Cycle Three Growth Share Regulations, which immediately followed, was repealed 5-28-2019 by Ord. No. O:14-2019.
A. 
It is the express finding and declaration of the Township Council that agricultural activities serve the interest of the citizens of Monroe Township by ensuring numerous social, economic and environmental benefits, and it is, therefore, the express intention of this chapter to establish as the policy of this Township the protection of agricultural operations from nuisance action where recognized methods and techniques of agricultural production are applied.
B. 
The owner of land used for agricultural or horticultural purposes or use who conducts agricultural activities in conformance with the agricultural management practices set forth in this section, and all relevant federal or state statutes or rules and regulations adopted pursuant thereto and which do not pose a direct threat to public health and safety, may, in accordance with zoning district regulations:
[Amended 5-21-1990 by Ord. No. O-11-90]
(1) 
Produce agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the standard industrial classification for agriculture, forestry, fishing and trapping;
(2) 
Package the agricultural output.
(3) 
Provide for the wholesale and retail marketing of the agricultural output and related products, including the construction of building and parking areas in conformance with the Township's standards.
(4) 
Replenish soil nutrients.
(5) 
Control pests, predators and diseases of plants and animals.
(6) 
Clear woodlands using open-burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.
(7) 
Conduct on-site disposal of organic agricultural waste.
C. 
The following standards shall apply to all agricultural uses in .the Township:
(1) 
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.
(2) 
In Agricultural Production Districts of Monroe Township, a Resource Conservation Plan shall be prepared by or otherwise reviewed and approved by 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 water or groundwater as a direct result of such agricultural uses conducted therein. 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 the following publications:
[Amended 5-22-2012 by Ord. No. O:16-2012]
(a) 
Erosion and runoff, Soil Conservation Service Technical Guide.
(b) 
Animal waste, Soil Conservation Service Animal Waste Management Field Manual.
(c) 
Fertilizers and pesticides, Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
(3) 
At such time as the State Agricultural Development Committee is established pursuant to Section 4 of the Right to Farm Act (P.L. 1983, c. 31), N.J.S.A. 4:1C-1 et seq., and any amendments or revisions thereto, and at such time as said Committee develops and recommends the program of Agricultural Management Practices pursuant to Section 5 of the aforesaid Right to Farm Act, said Agricultural Management Practices as developed and recommended by said Committee shall be the standards to be applied to all agricultural uses in the Township, insofar as applicable, to the extent that the standards set forth in Subsection C(1) and (2) above are superseded thereby.
D. 
The Township, in recognition that agricultural activities, when reasonable and necessary, produce a benefit to the neighborhood, the community and society in general by the preservation of open space, the beauty of the countryside and clean air, and by the preservation and continuance of agricultural operations in Monroe Township and in New Jersey as a source of agricultural products and values for this and future generations, creates the following presumptions:
(1) 
In all relevant actions filed subsequent to the effective date of this chapter, there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which conforms to the standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules or regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
(2) 
In all relevant actions filed subsequent to the effective date of this chapter, there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which is conducted or located within a municipally approved program and which conforms to the agricultural standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
E. 
Other regulations for agricultural uses where permitted.
(1) 
No building used to raise or keep livestock or poultry or as a stable shall be located closer than 50 feet from any lot line or 100 feet from any street line.
(2) 
No poultry may be raised or kept in any non-Pinelands residential zone or use. Within any Pinelands residential zone a minimum of two acres is required to raise or keep poultry.
[Amended 5-9-2000 by Ord. No. O-16-2000; 5-22-2012 by Ord. No. O:16-2012]
(3) 
The Township Board of Health shall govern the raising of swine.
(4) 
Seasonal agricultural employee housing is allowed only as an element of and accessory to an active agricultural operation and must have a building setback of 100 feet from any street, 50 feet from any property line and comply with all applicable state regulations regarding said use.
(5) 
All livestock shall be controlled through the use of fencing and tethering so as to prevent such livestock from running at large.
(6) 
The number of horses, livestock or other nondomesticated large animals permitted on a lot shall be determined by the size of the lot; one horse, item of livestock or other nondomesticated large animal per the first two acres shall be permitted. An additional acre shall be required for a second horse, second item of livestock or second other nondomesticated large animal. Thereafter, an additional 1/2 acre shall be required for each additional horse, item of livestock or other nondomesticated large animal.
[Amended 5-22-2012 by Ord. No. O:16-2012]
F. 
The term "municipally approved program" by which the above irrebuttable presumption is to be operative shall be any municipally approved program created in accordance with those provisions set forth in the Agriculture Retention and Development Act (P.L. 1983, c. 32), N.J.S.A. 4:1C-11 et seq., and as implemented by the County Agriculture Development Board or any subregional agriculture development board in lieu thereof.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
Development in the Township will conform to all guidelines established to meet the requirements of the Federal Clean Air Act, as amended in 1977. This includes all applicable state and federal emission regulations, ambient air quality standards, nonattainment criteria and significant deterioration criteria. 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. 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:
A. 
Residential development of 50 or more units and any other development involving more than 100 parking spaces located in a regional growth zoning district.
B. 
Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other Pinelands Area district.
[Added 8-12-1997 by Ord. No. O-39-97]
Section 175-91.1, entitled "Air Safety Zones," is hereby included in its entirety and is hereby adopted pursuant to N.J.A.C. 16:62 et seq. as amended. These standards shall apply to the establishment of minimum standards for the control of airport and aeronautical hazards and standards for land use adjacent to Cross Keys, Southern Cross and Piney Hollow airports. A copy of N.J.A.C. 16:62 et seq. is amended hereto and made a part hereof, by reference.[1]
[1]
Editor's Note: The complete text of N.J.A.C. 16:62-1.1 et seq. is attached to Ord. No. O-39-97 and on file in the office of the Township Clerk.
[Added 9-8-2009 by Ord. No. O:26-2009]
A. 
Statement of purpose.
(1) 
The purpose of this section is to establish standards for the erection and maintenance of billboards in order to promote the following:
(a) 
To preserve and promote the public health, safety, and welfare of the residents of Monroe Township;
(b) 
To prevent the degradation of the visual environment;
(c) 
To enhance pedestrian and traffic safety;
(d) 
To minimize the possible adverse effect of billboards on nearby public and private property.
(2) 
This off-premises billboard ordinance is adopted under the Zoning Authority of the Township of Monroe in furtherance of the more general purposes set forth in the Zoning Ordinances.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABANDONED BILLBOARD
A billboard which has carried no message for more than 90 days or which no longer identifies a bona fide business, lessor, service, owner, product, or activity, date or time of past event, and/or for which no legal owner can be found. The definition shall also include any billboard structure which no longer supports the billboard for which it was designed.
ARCHITECTURAL, SCENIC, OR HISTORIC AREA
An area of special control that contains unique visual or historic characteristics or whose natural beauty requires special regulations to ensure that all billboards displayed within the area are compatible with the area.
BILLBOARD
A billboard is an off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or noncommercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues.
BILLBOARD AREA
The facing of a billboard, including copy, insignia, background, structural supports, and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to the business or product.
BILLBOARD CORRIDORS
An area of special control which the Township Council designates as appropriate for the display of billboards.
CHANGEABLE COPY
Copy that changes at intervals of more than once every six seconds.
COMMERCIAL BILLBOARD
A billboard which identifies goods or services that are not sold on the premises where the billboard is located.
DIRECTIONAL SIGN
A sign erected and maintained by local officials within the public right-of-way to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest. Such signs shall conform to all applicable state regulations regarding placement of billboards in public rights-of-way.
FLASHING ILLUMINATION
A light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change at intervals of less than six seconds.
ILLEGAL BILLBOARD
A billboard that was constructed in violation of regulations that existed at the time it was built.
INDIRECT ILLUMINATION
A light source not seen directly.
INTERNAL ILLUMINATION
A light source that is concealed or contained within the billboard and becomes visible in darkness through a translucent surface.
MOVEMENT
Physical movement or revolution up or down, around, or sideways that completes a cycle of change at intervals of less than six seconds.
NONCONFORMING BILLBOARD
A billboard which was lawfully erected and maintained at the effective date of this section, or any amendment thereto, that does not conform to the regulations of the district in which it is located.
POLITICAL BILLBOARD
A billboard that advertises a candidate or an issue which is to be voted on in a local, state, or federal election.
PREMISES
The contiguous land in the same ownership or control which is not divided by a street.
SCENIC ROADSIDE
Scenic roadsides include those land areas within the municipal limits which lie within the viewshed of either side of the outermost edge of any of the roads, which are of uncommon visual importance or scenic attractiveness.
SPACING
Spacing of billboards shall be the minimum distance between outdoor advertising billboard structures measured along the nearest edge of the pavement between points directly opposite the billboards along each side of the highway and shall apply to outdoor advertising billboard structures located on both sides of the highway involved.
STRUCTURE
Anything that requires a permanent location.
VIEWSHED
An area visible from the road that provides vistas over water or across expanses of land, such as farmland, woodlands, coastal wetlands or ridgelines.
C. 
Billboard regulations: permitted.
(1) 
New billboards.
(a) 
No new billboards shall be erected within the political boundaries of the Township of Monroe except in billboard corridors in designated areas of special control pursuant to Subsection F.
(b) 
Such new billboards as may be permitted by this section shall conform to the height, size, lighting, and spacing requirement prescribed by this section, as modified by the designation of any area of special control in which the billboard is located.
(2) 
Height. All billboards shall be no greater than 25 feet in height as measured from grade at the edge of the adjacent right-of-way to the highest point of the billboard.
(3) 
Size. All billboards shall be no greater than 150 square feet in area. Except for exempted billboards in Subsection E, only one billboard shall be permitted on each billboard structure.
(4) 
Lighting. In addition to the lighting restrictions of Monroe Township Code, which shall apply to all billboards in the Township of Monroe, no billboard shall be so illuminated that it:
(a) 
Interferes with the safety of aircraft flight in the vicinity of the billboard.
(b) 
Interferes with the use and enjoyment of property of any adjacent landowners and landowners within 200 feet of the property.
(c) 
Allows the illumination source to be directly visible from any right-of-way or adjacent properties.
(5) 
Spacing. All measurements shall be made parallel to the roadway between perpendiculars extended from the billboard locations in question:
(a) 
Black Horse Pike from Berlin-Cross Keys Road to Sicklerville Road:
[1] 
No billboard shall be erected within 2,000 feet of an existing billboard on either side of the road right-of-way.
[2] 
No billboard shall be erected within 2,000 feet of an intersection.
[3] 
Minimum setbacks. All billboards and billboard structures must be located at least 20 feet from any property line or right-of-way and placed so as not to pose a visibility or other hazard to vehicular traffic.
[4] 
Areas of special control. Areas of special control established under Subsection F may have regulations more or less restrictive than those of this section, consistent with the character of the area of special control.
D. 
Billboard regulations: prohibited. The following are expressly prohibited unless specifically stated otherwise in this section:
(1) 
Off-premises billboards, except in billboard corridors of designated areas of special control.
(2) 
Animated and moving billboards: off premises billboards employing movement including, but not limited to, changeable copy signs, pennants, flags, banners, streamers, propellers, discs, and searchlights.
(3) 
Flashing billboards: off-premises billboards that include lights which flash, blink, or turn on and off intermittently.
(4) 
Glaring billboards: off-premises billboards employing direct, indirect, internal, flashing, or other illumination with light sources or reflectivity of such brightness that constitutes a hazard to ground or air traffic or a nuisance, as determined by the Zoning Officer.
(5) 
Inflatable billboards and objects, including, but not limited to, balloons.
(6) 
Roof billboards: off-premises billboards which are erected or painted on a roof or which extend in height above the roofline of the building on which a sign is erected.
(7) 
Simulated traffic signs and obstructions: any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street or highway intersection, or extend into the public right-of-way.
(8) 
Vehicular billboards: off-premises signs displayed on parked or stationary vehicles, where the primary purpose of the vehicle is to advertise a product or business or to direct people to a business or activity. For the purposes of this section, vehicular billboards shall not include business logos, identification, or advertising on vehicles primarily used for other business purposes.
(9) 
Wall billboards: off-premises billboards which are erected or painted on a building wall.
E. 
Billboard regulations: exempted signs. The following signs do not require permits or fee payments under Subsection I but must meet the other requirements of the section:
(1) 
Traffic control signs.
(2) 
Traffic flow informational signs.
(3) 
Directional signs.
(4) 
Temporary signs.
(5) 
Safety control signs.
F. 
Areas of special control.
(1) 
The Township Council, by ordinance and following notice and hearing, may designate any of the following areas of special control:
(a) 
Architectural, historic, or scenic areas or scenic roadsides.
(b) 
Billboard corridors. Billboards shall only be permitted on the Black Horse Pike from Berlin-Cross Keys Road to Sicklerville Road.
(2) 
The Zoning Officer shall maintain and shall continually revise a Zoning Map of the Township on which the Zoning Officer shall indicate the boundaries of all designated areas of special control.
(3) 
The Township Council shall adopt special regulations for billboards in areas of special control which shall be consistent with the character of the area of special control.
G. 
General design and construction standards. All billboards shall be designed, constructed, and maintained in accordance with the following standards:
(1) 
All billboards shall comply with applicable provisions of the Uniform Building Code and the Electrical Code of the Township of Monroe at all times.
(2) 
All billboards regulated by this section shall be constructed of permanent materials and shall be permanently attached to the ground, by direct attachment to a rigid wall, frame, or structure.
(3) 
All billboards shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code at all times.
H. 
Nonconforming billboards.
(1) 
Continuance. Each nonconforming billboard and billboard structure shall be allowed to be displayed for three years from the adoption of this section, to provide a reasonable opportunity for the owner to recover the full economic value of the investment made in the billboard.
(2) 
Removal. Nonconforming billboards and billboard structures shall be removed at the owner's or lessor's expense under the following circumstances:
(a) 
Not later than three years from the date of the adoption of this section, if not brought into compliance with this section.
(b) 
The billboard is abandoned.
(c) 
The billboard becomes damaged or dilapidated to 50% or more of its physical structure or economic value.
I. 
Permits, administration, and enforcement.
(1) 
Site plan application. An application for the erection or relocation of a billboard shall be reviewed under the procedures for minor site plan review, unless the application is made in conjunction with an application for major site plan review, in which case the major site plan review procedures apply.
(2) 
Business tax. All new and existing billboards subject to this section shall be taxed at a rate to be established by the governing body of the Township of Monroe, not to exceed 2% of the gross annual revenue produced by the billboard.
(3) 
Illegal billboards. The Zoning Officer may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a nonconforming billboard governed by Subsection H, not in compliance with the provisions of this section.
(4) 
Immediate peril. If the Zoning Officer shall find any billboard which poses an immediate peril to persons or property, the billboard shall be removed. If the Zoning Officer cannot locate the billboard owner or lessor for immediate removal of the billboard, he shall remove or order the removal of the billboard at the expense of the billboard owner or lessor.
J. 
Severability. If any section, subsection, sentence, clause, phrase or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
K. 
Protection of first amendment rights. Any billboard, display, or device allowed under this section may contain, in lieu of any other copy, any otherwise lawful, noncommercial message, including any political message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this section.
A. 
Block length, width and acreage shall be sufficient to accommodate the size lot required in the zoning district and to provide for convenient access, circulation control and traffic safety.
B. 
Gridiron blocks over 1,000 feet long in residential areas shall be discouraged. Blocks over 1,500 feet in residential areas shall be prohibited.
A. 
Buffer areas are required along all exterior tract boundaries except along street rights-of-way for all nonresidential projects. Buffer areas are required along all exterior tract boundaries including street rights-of-way for planned residential developments, planned unit developments, single-family attached developments and multifamily developments. Buffer areas are required as necessary to provide adequate screening for single-family detached residential developments and single-family detached clustered developments, wherever the proposed residential development abuts an existing or approved planned residential development, planned unit development, single-family attached development, multifamily development or nonresidential use. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be as specified in Article XIV of this chapter and shall be measured horizontally and perpendicularly to lot and street lines. Unless otherwise specified in Article XIV of this chapter, buffer areas for residential uses shall have a minimum width of 25 feet. No structure, activity, storage of materials, parking or driving of vehicles shall be permitted in a buffer area. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide 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, differences in elevations, the type of buffer, such as dense planting, existing woods, a wall or fence or landscaped earth berms, buffer height, buffer width and other combinations of man-made 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.
[Amended 7-21-1992 by Ord. No. O-27-92; 11-23-1999 by Ord. No. O-33-99; 10-23-2001 by Ord. No. O-31-2001]
B. 
Notwithstanding the above, a minimum of 1/2 but in no case less than 10 feet of the horizontal width of any buffer required along a periphery shall have an area which shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view.
C. 
All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs and/or live 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 buffer area, provided that the growth is of a density and the areas have sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an effective buffer, said plantings may be required.
(2) 
Plant materials used in screen planting shall be at least five feet in height when planted and shall be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(3) 
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.
(4) 
Trees shall be at least 10 feet in height when planted and be of a species common to the area, be of balled and burlapped nursery stock, and be free of insect and disease.
(5) 
Any plant material which does not live shall be replaced within one year of one growing season.
(6) 
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.
D. 
Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses.
E. 
No more than 10 automobiles or other motor vehicles, whether in operational condition or not, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses.
F. 
All landscaping in the Pinelands Area of the Township shall meet the requirements for use of native species set out in § 175-147 of this chapter.
G. 
Required buffer areas shall be exclusive of minimum lot size, front and side yard minimums and building envelope. Detention and/or retention basins are permitted within required buffer areas and yards.
[Added 7-21-1992 by Ord. No. O-27-92; amended 10-23-2001 by Ord. No. O-31-2001; 8-22-2006 by Ord. No. O-32-2006]
H. 
Special buffers to the Agricultural Production District. Any development abutting a property line of any lot in the AG District shall include a buffer a minimum of 50 feet in width with an average width of 100 feet.
[Added 2-15-1993 by Ord. No. O-5-93]
I. 
Buffer areas are required for any through residential lot with frontage on two streets (reverse frontage). The buffer area shall have a minimum width of 25 feet and shall be provided along the right-of-way of the street with the higher traffic function. The buffer area shall be exclusive of the minimum lot size and minimum rear yard setback. The design of the buffer area shall be sufficient to screen the residential lot from the adjacent right-of-way and shall contain existing woods, dense plantings of evergreen trees and shrubs or landscaped earth berms. Fences, walls or structures shall not be permitted in a reverse frontage buffer area. Proposed lots must be deed restricted to prohibit fences, walls or structures, or the removal of trees within the reverse frontage buffer area.
[Added 10-23-2001 by Ord. No. O-31-2001; amended 11-23-2004 by Ord. No. O-49-2004]
A. 
The purpose of this section is to provide a method of developing land in certain districts of the Township so that desirable open spaces, conservation areas, floodplains, recreation areas and other environmentally sensitive lands can be set aside by permitting a reduction in lot sizes without increasing the number of lots.
B. 
Cluster developments may be approved at the discretion of the Board in accordance with the following standards:
(1) 
Cluster developments proposed within the Regional Growth District of the Pinelands within Monroe Township shall be connected to an approved and functioning central water and sanitary sewerage treatment system.
(2) 
The minimum project size, open space and maximum density provisions for clustered developments within any district shall be as specified within Article XIV of this chapter.
(3) 
The minimum requirement for acreage of open space shall be achieved by a proposed development, and the location, type, design, layout, maintenance, ownership and control of such open spaces shall comply with the minimum standards of § 175-125 of this chapter.
(4) 
Whenever possible, all dwelling units shall front on culs-de-sac and loop streets and be so designed as to discourage through vehicular traffic movements within clusters of residential dwelling units.
(5) 
Only the rear lot lines of any proposed building lot, whether for residential or other purposes, shall abut the lot lines of the parcel originally proposed for development, except that no proposed building lot shall abut the right-of-way of an existing street bounding the parcel originally proposed for development. Instead, the rights-of-way of all existing streets, bounding the parcel originally proposed for development, shall be separated from cluster developments by open space of sufficient width as prescribed in § 175-125.
[Amended 11-23-2004 by Ord. No. O-49-2004]
(6) 
All utility installations shall be underground.
C. 
Location; plan review required.
(1) 
In accordance with the regulations of this chapter, an applicant may elect to develop single-family detached dwellings under the cluster concept in any zoning district so designated in the Schedules of Permitted Uses.[1]
[Amended 3-20-1985 by Ord. No. O-6-85; 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93; 5-17-1993 by Ord. No. O-14-93; 8-12-1997 by Ord. No. O-40-97]
[1]
Editor's Note: The various Schedules of Permitted Uses are located at the end of this chapter.
(2) 
Plan review shall be required by the appropriate board for all cluster developments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
D. 
Required findings by the Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:
(1) 
Sanitary sewer collection and treatment as well as potable water facilities are available to and are to be provided to the proposed development if located within the Regional Growth Area of Monroe Township.
(2) 
The proposal will produce economy in layout and design.
(3) 
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(4) 
Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purposes and that the open space standards of this article have been achieved.
(5) 
There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the development.
(6) 
The proposal is consistent with the intent and purposes of the Master Plan.
E. 
Minimum tract size and maximum density. The minimum tract size and maximum density of residential building lots for cluster development in each of the specified districts shall be as defined in the cluster development provisions of the above-referenced zoning districts as provided by Article XIV of this chapter.
F. 
Area, yard and setback requirements. The minimum building lot requirements for cluster development in each of the specified districts shall be defined in the area, yard and setback requirements for cluster development in Article XIV of this chapter.
[Added 3-27-2012 by Ord. No. O:11-2012]
In the FD-10, FD-40, RD-A, RD-RR and RD-RS Zones, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. In the RD-A, RD-RR and RD-RS Zones, two-family or twin units may also be permitted as part of a cluster development. The following standards shall apply:
A. 
Permitted density.
(1) 
In the FD-10 Zone: one unit per 10 acres;
(2) 
In the FD-40 Zone: one unit per 40 acres;
(3) 
In the RD-A Zone: one unit per eight acres;
(4) 
In the RD-RR Zone: one unit per 3.2 acres;
(5) 
In the RD-RS Zone: one unit per five acres.
B. 
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A above, with a bonus applied as follows:
Parcel Size
(acres)
RD-RR Zone
RD-A and RD-RS Zones
FD-10 Zone
FD-40 Zone
Less than 50
0
0
0
0
50 to 99.99
10%
15%
20%
25%
100 to 149.99
15%
20%
25%
30%
Greater than or equal to 150
20%
25%
30%
40%
C. 
The residential cluster shall be located on the parcel such that the development area:
(1) 
Is located proximate to existing roads;
(2) 
Is located proximate to existing developed sites on adjacent or nearby parcels;
(3) 
Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and
(4) 
Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.
D. 
Development within the residential cluster shall be designed as follows:
(1) 
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(2) 
The minimum bulk requirements specified in the Schedule of Limitations: Rural Development Zoning Districts[1] for cluster development shall apply;
[1]
Editor's Note: The Schedule of Limitations: Rural Development Zoning Districts is included at the end of this chapter.
(3) 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 175-149G 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 Subsection E(2)(b) below, individual on-site septic wastewater treatment systems shall comply with the standards of § 175-149H or I. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 175-149H or I shall also be permitted;
(4) 
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(5) 
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
E. 
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Monroe Township or incorporated as part of one of the lots within the cluster development area.
(1) 
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Monroe Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(2) 
The deed of restriction shall permit the parcel to be managed for:
(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 Chapter 175; and
(b) 
Where agricultural use exists on a parcel proposed for cluster development, 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 that the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;
[3] 
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection E(2)(b)[1] or [2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection E(2)(a) above and shall not provide for continuation of any agricultural use on the parcel;
[4] 
The deed of restriction to be recorded pursuant to Subsection E(2)(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 Gloucester County or the State Agricultural Development Committee, evidence of its approval shall also be provided; and
[5] 
For parcels which meet the standards of Subsection E(2)(b)[1] or [2] 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.
A. 
Any principal or accessory building located on a corner lot shall have a minimum setback for one designated street equal to the required front yard, with a side yard adjoining the adjacent street equal to 11/2 the normal side yard requirement of that zone unless such side yard distance is otherwise specifically provided in Article XIV of this chapter. The rear yard shall be that yard opposite the designated front yard for the purposes of this chapter.
B. 
No wall, fence or other structure and no hedge, tree, shrub or other growth shall be erected, altered or maintained on a corner lot and in an area which may cause a hazard and danger to or obstruct the view of any motor vehicle operator on the adjacent streets.
A. 
Concrete curbs shall be installed along every street within a development and at intersections with local roads, county roads and state highways. The standard curb section to be used shall be not more than 10 feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Concrete curbs shall be eight inches by six inches by 18 inches (six-inch exposed face), using Class B concrete having twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. At locations specified by the approving authority, the curbing shall be designed to provide a ramp for bicycles and/or wheelchairs.
[Amended 5-20-1996 by Ord. No. O-06-96]
B. 
Concrete gutters shall be constructed as a monolithic structure with the curb when the grade of the street has less than a one-percent slope. The dimensions of the particular parts of the combined curb and gutter shall be as follows:
(1) 
The top of the curb shall be six inches in width.
(2) 
The rear face of the curb shall be 12 inches in height.
(3) 
The width of the curb at the gutter elevation shall be seven inches.
(4) 
The width of the gutter shall be 12 inches.
(5) 
The height of the curb face at the gutter shall be six inches, and the depth of the gutter at the street face shall also be six inches.
(6) 
All exposed edges shall be rounded with a radius of 3/4 inch to one inch.
[Added 3-11-2013 by Ord. No. O:03-2013; amended 9-9-2013 by Ord. No. O:11-2013]
A. 
Small wind and solar energy systems. Small wind and solar energy systems shall be permitted accessory structures in the Township of Monroe as governed pursuant to the terms of this chapter to be incorporated into the Township's Land Use Code, § 175-97.
B. 
Definitions. The following definitions shall govern small wind and solar energy systems in the Township of Monroe:
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to generate electricity; and has a nameplate capacity of 100 kilowatts or less.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment that converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND TURBINE
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
C. 
Generally applicable standards.
(1) 
The primary purpose of a small wind or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this section, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
(2) 
Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Building Department prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or Building Department does not believe the provisions of this section will be satisfied, an applicant may request a variance.
(3) 
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.
(4) 
The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(5) 
The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(6) 
The installation of a wind or solar energy system is subject to all Atlantic City Electric Company requirements for interconnection.
(7) 
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(8) 
The general provisions of the Township's Land Use Code shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.
(9) 
Utility notification and interconnection. Small wind energy and solar energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy systems at N.J.A.C. 14:4-9.
(10) 
In all zoning districts located within the Pinelands Area, all small wind and solar energy systems shall comply with all applicable standards set forth in the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et. seq., including the minimum environmental standards set forth in Subchapter 6.
D. 
Small wind energy systems.
(1) 
Wind turbines are permitted in all zoning districts subject to the following requirements:
(a) 
Minimum lot size: three acres.
(b) 
Minimum setbacks: All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure, including the blades.
(c) 
Wind turbines shall not be permitted in any front yard.
(d) 
Maximum height.
[1] 
Freestanding wind turbines shall not exceed a height of 150 feet.
[2] 
The maximum height of any wind turbine shall include the height of the blades at its highest point.
(e) 
No more than one wind turbine shall be permitted per residential property.
(f) 
Wind turbines shall not be permitted as a rooftop installation.
(g) 
Wind turbines on residential properties shall have a nameplate capacity of 100 kilowatts or less.
(2) 
Noise. All wind energy systems shall comply with the following:
(a) 
Between a residential use or zone sound levels of the wind energy system shall not exceed 35 dBA at a common property line or 30 dBA to the closest occupied structure.
(b) 
In all other cases at a common property line sound levels of the wind energy system shall not exceed 45 dBA.
(c) 
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(3) 
Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.
(4) 
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(5) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(6) 
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(7) 
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(8) 
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
(9) 
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
E. 
Solar energy systems.
(1) 
Solar panels shall be permitted as a rooftop installation in any zoning district, in accordance with the following: the solar panels shall not exceed a height of 12 inches or overhang from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, than what is permitted in the zoning district where they are located for the principal or accessory building.
(2) 
Solar panels shall be located so that any glare is directed away from an adjoining property, or the applicant must provide evidence that the solar panels do not emit glare.
(3) 
Solar panels shall be permitted as ground arrays in any zoning district in accordance with the following:
(a) 
Minimum lot size: three acres.
(b) 
All ground arrays shall be set back a distance of 50 feet from all property lines. A fifty-foot-wide buffer, subject to the requirements of § 175-93 and subject to an initial review by the Township Planner, shall be provided whenever the ground array is in the direct line of sight of an adjoining residence.
(c) 
Ground arrays shall not be permitted in a front yard.
(d) 
Ground arrays shall be located so that any glare is directed away from an adjoining property, or the applicant must provide evidence that the solar panels do not emit glare.
(e) 
Ground arrays shall not exceed a height of eight feet.
(f) 
Exposed hardware, supporting structures, frames and piping shall be finished in nonreflective surfaces.
(4) 
Noise. All solar energy systems shall comply with the following:
(a) 
Between a residential use or zone sound levels of the solar energy system shall not exceed 35 dBA at a common property line or 30 dBA to the closest occupied structure.
(b) 
In all other cases at a common property line, sound levels of the solar energy system shall not exceed 45 dBA.
F. 
Abandonment.
(1) 
A small wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
(2) 
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail return receipt requested, to the owner of record.
(3) 
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.
(4) 
When an owner of a wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained, and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
G. 
Permit requirements.
(1) 
Permit. A zoning permit and building permit shall be required for the installation of a small wind energy or solar energy system. In all zoning districts located within the Pinelands Area, a certificate of filing shall be obtained from the Pinelands Commission prior to the issuance of any zoning permit or building permit or to the installation of any solar energy system, which is not located on an existing structure (for rooftop installations) or on an existing impervious surface (for ground arrays), and all small wind energy systems.
(2) 
An owner shall submit an application to the Zoning Officer for a zoning permit for a small wind energy or solar energy system and subsequent application to the Construction Official for a building permit.
(3) 
Documents. The zoning permit application shall be accompanied by a plot plan which includes the following:
(a) 
Property lines and physical dimensions of the property;
(b) 
Location, dimensions, and types of existing major structures on the property;
(c) 
Location, dimensions, and type of the proposed energy system;
(d) 
The right-of-way of any public road that is contiguous with the property;
(e) 
Any overhead utility lines;
(f) 
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed) or solar energy system specifications, including manufacturer and model, panel height, color, etc.;
(g) 
Notification of utility company for interconnection purposes; and
(h) 
A certificate of filing issued by the Pinelands Commission, where required pursuant to Subsection G(1) above.
(4) 
The building permit application shall be accompanied by the manufacturer's catalogue cut sheets, specifications and installation guidelines, in addition to all other required information.
(5) 
The documents and plans shall contain enough information and accurately depict the installation of the small wind energy or solar energy system for the Township of Monroe to make a formal decision on the application. The amount of information and accuracy of information shall be in the sole judgment of the Zoning Officer and/or Construction Official.
(6) 
Fees. The applications for a zoning permit and building permit for a small wind energy system or solar energy system must be accompanied by the fees required.
H. 
Violations.
(1) 
It is unlawful for any person to construct, install, or operate a small wind energy or solar energy system that is not in compliance with this section.
(2) 
Small wind energy or solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions regarding abandonment.
I. 
Administration and enforcement.
(1) 
This section shall be administered by the Zoning Officer, Construction Official or other official as designated.
(2) 
The Zoning Officer, Construction Official or other official as designated may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
(3) 
The Zoning Officer, Construction Official or other official as designated may issue orders to abate any violation of this section.
(4) 
The Zoning Officer, Construction Official or other official as designated may issue a citation for any violation of this section.
(5) 
The Zoning Officer, Construction Official or other official as designated may refer any violation of this section to legal counsel for enforcement.
J. 
Penalties.
(1) 
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.
(2) 
Nothing in this section shall be construed to prevent the Mayor and Council of the Township of Monroe from using any lawful means to enforce this section.
[1]
Editor's Note: Former § 175-97, Conversions, was repealed 5-21-1990 by Ord. No. O-21-90.
A. 
Easements outside of street rights-of-way and along rear property lines or elsewhere for utility installation may be required, but are generally discouraged. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
B. 
Floodplain and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.
C. 
The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes; or approved conservation plan by the Soil Conservation District.
The Planning Board shall, when reviewing all major development applications, consider energy conservation techniques. Such techniques shall include, but not be limited to, the orientation of streets and structures to gain the best solar advantage, the use of clustering, the provision of bike paths and public transportation amenities such as bus shelters, and the incorporation of active and passive solar power and designs.
[Added 3-3-1997 by Ord. No. O-11-97]
A. 
Findings.
(1) 
It is in the best interest of the Township and its residents to require that preliminary assessments be submitted with those applications for development designated in Subsection B below.
(2) 
Such preliminary assessments should provide a history of the site, the prior uses of the land, past and current owners and the potential pollution-related effects of such uses on the property.
B. 
Assessment required. As part of and as a condition for approval for each application for preliminary major subdivision and planned and cluster development approval pursuant to § 175-59 and preliminary major site plan approval pursuant to § 175-61, the developer shall submit a preliminary assessment.
C. 
Contents of assessment. The preliminary assessment shall conform to the New Jersey Department of Environmental Protection and Energy's Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and with industry standards for Phase I Environmental Site Assessments (ASTM Designation: E1527-93) and ASTM Standards for Transaction Screening (ASTM Designation: E1528-93). The preliminary assessment should be performed by qualified firms or individuals, and a preliminary assessment report must be submitted to the Township at the time that applications for development are submitted. The applicant shall submit 13 copies to the review board. The minimum required scope of work for the preliminary assessment will include:
(1) 
Records review.
(2) 
Site reconnaissance.
(3) 
Interviews.
(4) 
Preparation of report.
D. 
Review of regulatory agency file data, environmental reports, aerial photographs and property ownership records. File data and existing reports should be reviewed to determine if any existing documents show that the site was used for waste disposal or burial and to determine if the site has previously been identified as a suspected source or receptor of contamination. The minimum documents that should be reviewed for this requirement include, but are not limited to:
(1) 
Environmental Protection Agency (EPA) and State of New Jersey databases. The EPA and state database should be reviewed to determine if National Priority Lists (Superfund NPL) or state superfund sites or other alleged contamination sites are located within the minimum search distance as specified within the ASTM standards.
(2) 
Historical aerial photographs. If available, aerial photographs from the 1940's to current periods should be reviewed and submitted with the report. The photographs will be inspected for signs of landfillings, excavations, vegetation stress or other features indicative of contamination, both on and adjacent to the site. The preferred scale of the photographs is one inch equals 200 feet, and stereoscopic pairs are recommended.
(3) 
Recorded land title records and/or chain of title and/or property tax file indicating property ownership from 1940 to the present.
(4) 
Local and county files of the health, zoning, construction code, environmental, police and fire departments.
E. 
Site inspection. The environmental consultant shall physically inspect the site. The consultant should collect information on these subjects, as appropriate, to identify past or current practices which could cause soil or groundwater contamination or which could cause contamination in any structures at the property, including but not limited to:
(1) 
Past and current materials use.
(2) 
Storage, handling and disposal of wastes at the subject property, as applicable.
(3) 
The number and location of chemical storage containers, such as drums and storage tanks, and the materials stored in them.
(4) 
Transformers and capacitors at or directly adjacent to the property for signs of leaks, spills and fires.
(5) 
The properties and structures around the site to document evidence of obvious and severe impacts from the adjacent properties on the subject property. Examine exterior of adjacent buildings and grounds of adjacent properties for evidence of staining and spills.
F. 
Interviews. The environmental consultant shall conduct interviews with local government officials, occupants and adjoining property owners relative to obtaining information indicating recognized environmental conditions in connection with the property. The interviews shall generally confirm:
(1) 
The prior uses of the property.
(2) 
Conditions or events related to environmental conditions.
(3) 
Questions about helpful documents.
(4) 
Prior assessments.
(5) 
Proceedings involving the property.
G. 
Report. The environmental consultant should prepare a report that includes, but is not limited to:
(1) 
A description of the physical site, description of the site history and the surrounding land use.
(2) 
A United States Geological Survey (USGS) topographic map indicating the location of the site.
(3) 
A list of all hazardous substances or wastes that are or were at the site.
(4) 
A description of past and present production processes, including water use, disposal discharge and storage practices and containers.
(5) 
A list of the environmental reports, permits and background documents reviewed.
(6) 
A list of interviewees.
(7) 
A discussion of causes of environmental concern, as applicable, such as underground storage tanks, PCB's, asbestos and other applicable environmental hazards.
(8) 
Statements regarding the presence of wells on-site, and a statement regarding the presence or past presence of septic systems or other subsurface disposal systems.
(9) 
The results of contact with regulatory agencies concerning potential contaminated sites in the site vicinity.
(10) 
Prints of all aerial photographs.
(11) 
A table that indicates the dates of property ownership from 1940 to the present and the corresponding property use(s) for those years, if known.
(12) 
A description of the methods of disposal of solid waste generated at, stored at, transported to or disposed of at the subject site.
(13) 
A discussion of potential contamination in the soil and groundwater of the site.
(14) 
A description of past remedial operations, including results and sampling and testing data.
(15) 
A list of all federal, state and local environmental permits, past and present, applied for or obtained for the site.
(16) 
A list of all administrative, civil and criminal enforcement actions for alleged violations of environmental laws and regulations, including their resolution.
(17) 
The resume, or curriculum vitae of the individuals who performed the preliminary assessment.
H. 
Preparer qualifications. The individuals who conduct the preliminary assessment shall be an environmental professional, as defined within the ASTM Standard. Individual qualifications must show that the person(s) conducting the preliminary assessment are qualified to conduct environmental assessments based on education and previous project experience. The resume or curriculum vitae should indicate that the assessor has knowledge of current investigative techniques and standards.
I. 
Insurance. The firm or individual conducting the preliminary assessment shall carry $1,000,000 in professional liability insurance.
J. 
Certification. The Preliminary Assessment report shall include a statement as follows:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil penalties for knowingly submitting false, inaccurate or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of any statute, I am personally liable for the penalties."
The statement shall be signed by the principal of the company that performed the preliminary assessment and by the applicant.
K. 
Indemnification. The preliminary assessment report shall also include the following statement: "The applicant hereby indemnifies the Township, its affiliates and engineer against any liability, loss, expense, lien, claim, demand and cause of action of every kind for damage to property of the applicant and third parties, including fines or penalties, attorney's fees and other costs that result from activities associated with or the findings of this preliminary assessment."
[Amended 2-23-1999 by Ord. No. O-5-99]
L. 
Preliminary assessment approval; escrow. The developer shall provide his/her own preliminary assessment report and appropriate escrow for the Township professionals for review of the preliminary assessment.
M. 
Waiver. All requests for waiver of requirements of the preliminary assessment shall be forwarded to the Township development review board having jurisdiction of the application. The request for waiver shall include justifications for relieving the standards.
N. 
Environmental Commission. The secretary of the Township development review board having jurisdiction of the application shall forward an informational copy of each preliminary assessment to the Monroe Township Environmental Commission.
O. 
Further requirements. Upon review of the preliminary assessment by the development review board engineer and upon the recommendation of such engineer, the development review board may require such other studies, tests or environmental treatments and remedies as may be determined reasonable and necessary for the environmental safety and security of the site, including, but not limited to a site investigation in accordance with N.J.A.C. 7:26E, Cleanups or other remedies.
[Amended 10-13-1998 by Ord. No. O-37-98]
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90; 3-3-1997 by Ord. No. O-10-97; 8-12-1997 by Ord. No. O-40-97]
In the Non-Pinelands Area, a legal lot with an area less than that prescribed for the zone in which such lot is located, which lot was undersized at the date of the adoption of this chapter, when the owner thereof owns no adjoining land, may be used as a lot for a single-family detached use if permitted in the zone, provided that all other regulations prescribed for the zone by this chapter are complied with. In the Pinelands Regional Growth Area, any lot, or combination of lots, of at least 27,500 square feet existing at the time of this chapter may be used as a lot for a single-family use if permitted in the zone, provided that all other regulations, except density, prescribed for the zone by this chapter are complied with.
A. 
Fences, walls or screening shall not be located in any required sight triangle.
B. 
Fences, walls or screening used in place of a fence shall have a maximum height of six feet in the side and/or rear yard and four feet in the front yard.
C. 
Construction shall be accomplished in a manner which is in keeping with the character of the district, keeps maintenance of the fence, wall or screening or the surrounding property to a minimum, and such that a hazard is not and will not be created.
D. 
This provision shall have no effect upon and shall not repeal any other Township ordinance with fence specifications, such as the Swimming Pool Ordinance, Junkyard Ordinance, etc.
A. 
No development shall be carried out in vegetated areas of the Township which are classified as a moderate, high or extreme hazard as defined in Subsection B below unless such development complies with the following standards:
(1) 
All proposed development, or units or sections thereof, of 25 dwelling 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-fighting equipment.
[Added 10-3-1988 by Ord. No. O-21-88]
(3) 
The rights-of-way of all roads will be maintained so that they provide an effective firebreak.
(4) 
A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(a) 
In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:
[1] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] 
All dead plant material is removed.
(b) 
In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:
[1] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis.
[2] 
All dead plant material is removed.
(c) 
In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:
[1] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis.
[2] 
No pine tree (species Pinus) is closer than 25 feet to another pine tree.
[3] 
All dead plant material is removed.
(5) 
All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-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 firebreaks to the maximum extent practical.
(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-shingle- or shake-type roofs are prohibited in high or extreme fire hazard areas.
[Amended 10-3-1988 by Ord. No. O-21-88]
(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 stovepipes 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.
B. 
The following classifications of fire hazards shall be defined as:
[Amended 10-3-1988 by Ord. No. O-21-88]
Hazard
Vegetation Type
Low
Atlantic white cedar Hardwood swamps
Moderate
Non-Pine Barrens forest and prescribed burned areas
High
Pine Barrens forest, including mature forms of pine, pine-oak and oak-pine
Extreme
Immature or dwarf forms of pine-oak or oak-pine, all classes of pine scrub-oak and pine lowlands
A. 
Provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Planning Board Engineer and in accordance with Fire Insurance Rating Organization standards. Fire hydrants are to be installed, and spacing between such fire hydrants shall not exceed 600 feet as measured along the curb. Each hydrant shall have an independent below-ground shutoff valve.
B. 
Where streams or ponds exist, or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site and off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Planning Board Engineer and Fire Department and in accordance with Fire Insurance Rating Organization standards.
[Amended 10-3-1988 by Ord. No. O-21-88]
No development within the Township shall be carried out 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. All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding significant populations of fish and wildlife within the Township.
[Amended 2-19-1986 by Ord. No. O-2-86; 12-7-1987 by Ord. No. O-43-87; 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]
A. 
General. Section 175-146A, B, C, E and G (except as noted below in Subsection D); § 175-146J, [except Subsection J(2), (4) and (10)(a)]; and § 175-146K and L shall apply to this section.
B. 
Density and minimum tract size. Maximum net density shall be six units per acre, provided that the application demonstrates that the development project will not result in any negative fiscal, physical or environment impacts; that the development project will comply with all Township design and performances standards contained within this chapter; and that the development project will contribute positively to growth, the development of a community-wide open space system and the development of the necessary infrastructure to support and maintain such new growth. The principles of § 175-114 shall be applied in evaluating any proposal. Minimum tract size shall be four acres within a planned residential district. Multifamily development in planned residential developments shall conform to the regulations in § 175-161C(3).
[Amended 7-21-1992 by Ord. No. O-27-92]
C. 
Schedule of limitation. All multifamily dwelling unit developments shall comply with the following schedule of minimum standards:
(1) 
Building end wall to building end wall: 40 feet; with no end wall window: 20 feet.
(2) 
Front or rear wall to front or rear wall: 70 feet.
(3) 
[1]Rear wall to rear wall: 50 feet.
[1]
Editor's Note: Former Subsections C(3) through (8) were redesignated as Subsections C(4) through (9) by Ord. No. O-2-86, adopted 2-19-1986.
(4) 
[2]Any wall to any paved area: 20 feet.
[2]
Editor's Note: Former Subsection C(4), Any wall to perimeter lot line, was redesignated as Subsection C(5) pursuant to Ord. No. O-2-86, adopted 2-19-1986.
(5) 
[3]Any wall to a perimeter lot line: 50 feet.
[3]
Editor's Note: Former Subsection C(5), Any wall to a public right-of-way, was redesignated as Subsection C(6) pursuant to Ord. No. O-2-86, adopted 2-19-1986.
A. 
It is the intention of this section to permit a subdivision of large, narrow lots for the development of one additional dwelling.
B. 
Flag lot subdivisions are permitted in the R-1, R-2 and R3 Zoning Districts.
[Amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 12-14-2010 by Ord. No. O:29-2010]
C. 
Flag lots shall meet all required area and yard requirements prescribed in Article XIV for the respective zone.
D. 
A lot may be subdivided by means of this option only one time without the necessity of variance approval. Any additional request to subdivide either the original or the newly created lot(s) into a flag lot shall require subdivision and variance approval.
E. 
Not more than one flag-shaped lot may be created by the subdivision.
[Amended 12-14-2010 by Ord. No. O:29-2010]
F. 
An applicant requesting a flag lot subdivision may not own any contiguous lot or lots which would, if combined, provide sufficient lot frontage and lot width to create conforming, nonflag-type lots.
G. 
Lot width.
(1) 
The lot being subdivided shall have sufficient lot width to provide the flag lot with a minimum lot width of 50 feet and provide the second lot created with a lot width equal or greater than the required minimum lot width for the respective zone. However, the lot being subdivided shall have a lot width which is less than double the minimum lot width for the zone.[1]
[1]
Editor’s Note: Former Subsection G(2), which provided a lot width schedule, as amended, and which immediately followed this subsection, was repealed 12-14-2010 by Ord. No. O:29-2010.
H. 
The width of the portion of the flag lot providing access to the rear of said lot must be no less than 50 feet extending uniformly from the lot frontage line to the rear lot line of the non-flag-type lot. This area shall be known as the "pole" of the flag. No structures may be constructed in the pole area nor in the areas of the pole as extended to the rear of the lot.
I. 
Any structure constructed on the flag-type lot shall have a minimum setback from the rear lot line of the front lot equal to the minimum building setback for the respective zone.
[Amended 12-17-1990 by Ord. No. O-29-90]
A. 
General.
(1) 
The purpose of this section is to control construction and other developmental activities in stream channels and in areas subject to flooding in order to mitigate detrimental effects of such activity; to minimize losses and damages to public and private property caused by land uses and channel modifications which, at times of flood, increase flood heights and/or velocities; to safeguard the public from dangers and damages caused by materials being swept onto nearby or downstream lands; to protect and enhance the public's health and welfare by minimizing the degradation of stream water quality from point and nonpoint pollution sources; and to protect wildlife and fisheries by preserving and enhancing water quality and the environment of the stream channel and floodplain.
(2) 
Without proper controls, stream encroachments may adversely affect the flood-carrying capacity of the stream, may create new facilities within areas subject to floods, may reduce natural storage that the floodplain provides, and may result in increased sedimentation or erosion or other environmental damage. Prior to final approval, any activity which falls under the criteria set forth in N.J.A.C. 7:13-1.4, which has been abbreviated in Subsection B of this section, shall be required to obtain a permit or a "letter of no jurisdiction" from the New Jersey Department of Environmental Protection, Division of Coastal Resources, Stream Encroachment Section, for that activity.
B. 
Applicability.
(1) 
This section shall apply to all stream encroachments within the flood hazard area and one-hundred-year floodplains at locations having a drainage area of over 50 acres and all projects of special concern, as defined in the N.J.A.C. 7:13-5.
(2) 
Activities otherwise encompassed by this section that are located along tidal water bodies and segments of tidal water bodies on the following list, as identified on the seven-and-one-half-degree United States Geological Survey topographic maps, shall not be required to obtain a permit under this chapter, provided that the Division of Coastal Resources has issued a permit for the activity:
(a) 
All water bodies named on the United States Geological Survey seven-and-one-half-degree topographic maps as "bays," "canals," "coves," "guts," "harbors," "inlets," "sounds," "thoroughfares" and "channels."
(b) 
All man-made lagoons and canals.
(3) 
Activities otherwise regulated by this section that are along tidal water bodies and segments of tidal water bodies shall be exempt from the requirements of N.J.A.C. 7:13-4.7(d), provided that the computed flood hazard elevation at that point is not higher than the level of the one-hundred-year tidal surge at the mouth of the water body.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
A. 
Permit required. 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:
(1) 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
(2) 
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
(3) 
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4) 
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(5) 
Prescribed burning and the clearing and maintaining of firebreaks.
B. 
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 3-27-2012 by Ord. No. O:11-2012]
(1) 
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(2) 
For all other forestry applications:
(a) 
The applicant's name and address and his interest in the subject parcel;
(b) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(c) 
The description, including block and lot designation and street address, if any, of the subject parcel;
(d) 
A description of all existing uses of the subject parcel;
(e) 
A brief written statement generally describing the proposed forestry operation;
(f) 
A USGS Quadrangle map, or copy thereof, and a copy of the municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
(g) 
A forestry management plan that includes, as appropriate:
[1] 
A cover page for the plan containing:
[a] 
The name, mailing address and telephone number of the owner of the subject parcel;
[b] 
The municipality and county in which the subject parcel is located;
[c] 
The block and lot designation and street address, if any, of the subject parcel;
[d] 
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[e] 
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
[2] 
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
[3] 
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[a] 
The number of acres;
[b] 
The general condition and quality of each stand;
[c] 
The overall site quality, relative to the management goals and objectives identified in Subsection B(2)(g)[2] above;
[d] 
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;
[e] 
The age of representative trees;
[f] 
The species composition, including overstory, understory, ground layer structure and composition;
[g] 
The stand cohort composition;
[h] 
The percent cover;
[i] 
The basal area;
[j] 
The structure, including age classes, diameter breast height (dbh) classes and crown classes;
[k] 
The condition and species composition of advanced regeneration when applicable;
[l] 
A stocking table showing the stocking levels, growth rates and volume;
[m] 
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;
[n] 
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
[o] 
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (dbh) classes and average diameter; age; heights; and number of trees per acre; and
[4] 
A map of the entire parcel which includes the following:
[a] 
The owner's name, address and the date the map was prepared;
[b] 
An arrow designating the north direction;
[c] 
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d] 
The location of all property lines;
[e] 
A delineation of the physical features such as roads, streams and structures;
[f] 
The identification of soil types (a separate map may be used for this purpose);
[g] 
A map inset showing the location of the parcel in relation to the local area;
[h] 
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[i] 
A legend defining the symbols appearing on the map.
(h) 
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 175-103 and 175-147A;
(i) 
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 175-110;
(j) 
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below;
(k) 
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
(l) 
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below; and
(m) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(n) 
When prior approval for the forestry activities has been granted by the Zoning Officer or other municipal approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 175-63.
C. 
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 3-27-2012 by Ord. No. O:11-2012]
(1) 
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist.
(2) 
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site.
(3) 
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:
(a) 
Clearcutting cedar and managing slash;
(b) 
Controlling competition by other plant species;
(c) 
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(d) 
Utilizing existing streams as cutting boundaries, where practical;
(e) 
Harvesting during dry periods or when the ground is frozen; and
(f) 
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
(4) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 175-103 and 175-147A. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I — Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards.
(5) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section.
(6) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 175-110.
(7) 
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities.
(8) 
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
(a) 
Minimize changes to surface water and groundwater hydrology;
(b) 
Minimize changes to temperature and other existing surface water quality and conditions;
(c) 
Prevent unnecessary soil erosion, siltation and sedimentation; and
(d) 
Minimize unnecessary disturbances to aquatic and forest habitats.
(9) 
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
(a) 
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
(b) 
Herbicide treatments shall be permitted, provided that:
[1] 
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection B(2)(j) above;
[2] 
Control of competitive plant species is clearly necessary;
[3] 
Control of competitive plant species by other, nonchemical means is not practical;
[4] 
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
[5] 
In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub oak resprouting outside those areas subject to the herbicide treatment;
(c) 
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
(d) 
Disking shall be permitted, provided that:
[1] 
It shall not be permitted in Pine Plains native forest types;
[2] 
Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub oak understory in order to facilitate pine regeneration and shall be limited as follows:
[a] 
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
[b] 
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[3] 
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[4] 
It shall follow land contours when slopes are discernible;
(e) 
Root raking shall be permitted, provided that:
[1] 
It shall not be permitted in pine-shrub oak native forest types or Pine Plains native forest types;
[2] 
When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3] 
Root raking debris shall not be piled in wetlands;
(f) 
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
(g) 
Drum chopping shall be permitted, provided that:
[1] 
It shall not be permitted in Pine Plains native forest types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
[2] 
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3] 
It shall adhere to the following procedures:
[a] 
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[b] 
Drums shall remain unfilled when used during the dormant season;
[c] 
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;
[d] 
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[e] 
Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.
(10) 
The following standards shall apply to silvicultural practices for harvesting:
(a) 
Clearcutting shall be permitted, provided that:
[1] 
It shall not be permitted in Pine Plains native forest types;
[2] 
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[3] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;
[4] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[5] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter at breast height (dbh) and six feet in height shall be left on the parcel for a minimum of five years; and
[6] 
The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;
(b) 
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[1] 
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[3] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches dbh and six feet in height shall be left on the parcel for a minimum of five years; and
[5] 
The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used;
(c) 
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[1] 
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[3] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches dbh and six feet in height shall be left on the parcel for a minimum of five years;
[5] 
The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used;
[6] 
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[7] 
Residual seed trees shall be distributed evenly throughout the parcel; and
(d) 
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
(11) 
The following standards shall apply to silvicultural practices for forest regeneration:
(a) 
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the Pine Plains native forest type, except as provided in Subsection C(11)(b) below; and
(b) 
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[1] 
The use of nonnative cuttings, seedlings or seeds shall not be permitted;
[2] 
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
[3] 
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[4] 
When used in Pine Plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
(12) 
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.
(13) 
Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
(14) 
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
D. 
Forestry permit procedures.
(1) 
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(2) 
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(3) 
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4) 
Upon receipt of a notice of disapproval pursuant to Subsection D(3) 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 C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5) 
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6) 
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 175-63.
(7) 
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 section and the Pinelands Comprehensive Management Plan are met.
E. 
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F. 
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.
All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining 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 or a drainage problem on site or on adjacent properties, or which will violate other provisions of this chapter. Grading shall be limited to areas shown on approved site plans or subdivisions. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
[Amended 5-21-1990 by Ord. No. O-5-90]
A. 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, solar heating apparatus, and similar features, and necessary mechanical appurtenances usually carried above the roof level, provided that the height does not exceed imaginary surfaces necessary to provide for safe aircraft operation. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than five feet. Except in the Pinelands area of the Township, quasipublic buildings and public buildings, schools, churches and other similar permitted uses may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit established for the district within which the use is located.
B. 
Unless otherwise provided, no structure, other than a farm building, shall exceed 35 feet in height. This limitation shall apply to radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use. Except in the Pinelands Area of the Township, these height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum of 50 feet. The initial maximum height restriction in any commercial or industrial zone outside the Pinelands Area or in the Pinelands Regional Growth Area shall be 45 feet instead of 35 feet.
[Amended 4-28-1997 by Ord. No. O-27-97]
C. 
In the Pinelands Area of the Township, the height limitation in Subsection B above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the standards of § 175-153: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flagpoles and masts or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
[Added 4-28-1997 by Ord. No. O-27-97]
D. 
The height limitation in Subsection B above shall not apply to the antenna and any supporting structure of a local communication facility provided that the standards set forth in § 175-151.1 are met.
[Added 4-28-1997 by Ord. No. O-27-97; amended 1-22-2018 by Ord. No. O:43-2017]
[Amended 10-3-1988 by Ord. No. O-21-88]
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 governing body for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection E(2) below.
B. 
Authority to issue certificates of appropriateness.
(1) 
The Planning Board shall issue all certificates of appropriateness, except as specified in Subsection B(2) below.
(2) 
The Zoning Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.
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 governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, or any action which renders such a site inaccessible.
(2) 
Development not otherwise exempted from review, pursuant to § 175-57C of this chapter, where a significant resource has been identified pursuant to Subsection E(2) below.
D. 
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
E. 
A cultural resource survey shall accompany all applications for major development. Guidelines for this survey are contained in Appendix B of the Pinelands Commission's 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.
[Amended 4-28-1997 by Ord. No. O-27-97]
(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 Subsection E(2) below.
(2) 
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a) 
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
(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.
(c) 
The presence of structures that represent the work of a master; possess high artistic values; embody the distinctive characteristics of a type, period or method of construction; or 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.
(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 the Zoning Board of Adjustment.
G. 
The effect of the issuance of a certificate of appropriateness is as follows:
(1) 
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2) 
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection 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 Township Committee 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.
[Amended 4-28-1997 by Ord. No. O-27-97]
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.
(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 CFR 66).
A home occupation may be permitted as an accessory use and shall adhere to the minimum standards of a particular zone and shall also meet the following criteria:
A. 
The use shall be one which is customarily incidental to the use of the premises as a dwelling and subordinate to the residential use of the property.
B. 
There shall be no more than one employee working on the premises other than the bona fide residents of the dwelling.
C. 
That portion of the dwelling unit utilized for the home occupation shall not exceed 30% of the total floor area of said dwelling unit.
D. 
The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.
E. 
No related displays of articles for sale shall be visible from the street.
F. 
Only articles made on the premises may be sold.
G. 
No sign shall be larger than two square feet on each of two sides.
H. 
There shall be no external change to the premises or its buildings unless said change continues the appearance of the property's principal use.
I. 
No mechanical equipment may be used except that which is normally used for purely domestic or household purposes and with the exception of medical, dental or office equipment.
J. 
In no case shall any home occupation require parking to occur on the adjacent residential streets.
K. 
Not more than four off-street parking spaces shall be allowed for the residential-plus-home-occupation use.
L. 
Buffers may be required based on the location of any new parking areas. See § 175-93.
A home professional use may be permitted as an accessory use and shall adhere to the minimum standards of a particular zone and shall also meet the following criteria:
A. 
The term "professional office" shall include, but not be limited to, an office for the use of a physician, surgeon, dentist, lawyer, engineer, accountant or other professional persons.
B. 
The use shall be one which is customarily incidental to the use of the premises as a dwelling and subordinate to the residential use of the property.
C. 
There shall be no more than two employees working on the premises other than the bona fide residents of the dwelling.
D. 
The use shall be conducted entirely within the dwelling or within an accessory building or buildings.
E. 
No sign shall be larger than two square feet on each of two sides.
F. 
Not more than one professional person may utilize the residence, except that one additional professional may be permitted, provided that both professionals are members of the same immediate family.
G. 
That portion of the dwelling unit utilized for the professional office shall not exceed 30% of the total floor area of said dwelling unit.
H. 
No mechanical equipment may be used except that which is normally used for purely domestic or household purposes and with the exception of medical, dental or office equipment.
I. 
In no case shall any home profession require parking to occur on the adjacent residential streets.
J. 
Not more than four off-street parking spaces shall be allowed for the residential-plus-home-occupation use.
K. 
Buffers may be required based on the location of any new parking areas. See § 175-93.
[Amended 4-27-2004 by Ord. No. O:9-2004; 5-10-2011 by Ord. No. O:14-2011; 7-26-2011 by Ord. No. O:19-2011]
A. 
A homeowners' association shall be established for a multifamily development or a development consisting of 100 dwellings or more.
(1) 
The homeowners' association shall be established for the purpose of owning and assuming maintenance responsibilities for the common open space and common property designed for or located within a development.
B. 
Provided that the Planning Board/Zoning Board of Adjustment is satisfied that the homeowners' association will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development, a homeowners' association may be established for a multifamily development or a development consisting of less than 100 dwellings or more.
C. 
For those developments found to not have a sufficient number of members to form a homeowners' association, the applicant must provide a basin maintenance fee in accordance with § 175-140 F(8)(b) of this chapter.
D. 
As related to a homeowners' association, common open space and common property shall include, but not be limited to, the following: structures and facilities, conservation areas, open space, floodplains, recreation and park areas, streets and other lands which have not been dedicated to or accepted by the Township.
E. 
The organization shall incorporate the following provisions:
(1) 
Membership by all property owners in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro-rata share of the organization's cost.
(2) 
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter, such organization shall not be dissolved or dispose of any of its open space or property.
(3) 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
(4) 
The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization, articles contained within its annual financial statement including detail of revenue and expenditure line items and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
(5) 
Transfer of control; failure to maintain property.
(a) 
The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
(b) 
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the open space and property in reasonable condition, the Township shall cease to maintain the open space and property at the end of the year. If the Township shall determine that such an organization is not ready and able to maintain the open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain the open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
(6) 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest in the same offices and in the same manner as other taxes. In instances when a property within a development is sold within an homeowner association's fiscal year, the homeowners' association shall claim all unfulfilled responsibility prior to settlement. Homeowners' association fees shall not be retroactive to a new owner entering a homeowners' association.
(7) 
The homeowners' association shall, on or before July 1 of each and every year, furnish the Township Council with an annual report, including but not limited to the present disposition of all common areas and park areas owned, operated and maintained by the association. The report shall also include a list of current officers, their addresses and telephone numbers. The report shall contain a list of emergency telephone numbers at which one or more officers of the association can be reached by a Township official during any twenty-four-hour period.
(8) 
Provisions concerning the periodic election of homeowners' association officers. It is recommended that officers having the authority to access financial accounts be bonded.
F. 
Developer 's responsibilities.
(1) 
The developer shall be responsible for and tender regular payments to the homeowners' association for all regular and customary homeowners' association fees for undeveloped and/or unsold lots within the development until such responsibility is transferred to another owner, who shall then assume said responsibility.
(2) 
The developer shall provide the Township with a detailed accounting of the homeowners' association's calculated operational costs and subsequent homeowners' association fees as supporting documentation to the developer's agreement with the Township.
A. 
Public facilities and service standards.
(1) 
Traffic generation shall not exceed the available capacities of the intersections providing public access to the planned development.
(2) 
The capacity of the sewer and water systems shall be adequate to serve the projected demands of the planned development.
(3) 
The provision for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate.
B. 
Fiscal impact standards.
(1) 
The fiscal impact of the planned development on the Township shall be positive.
(2) 
The fiscal impact of the planned development on the local and regional school districts shall be positive.
C. 
Natural environment standards.
(1) 
Landscaped buffer strips of at least 50 feet in depth and including trees and/or hedges shall be provided between different types of land use and on the perimeter of the site.
(2) 
All open space requirements in terms of acreage requirements and design layout shall be achieved.
(3) 
All environmentally sensitive areas of the project site shall be incorporated into the common open space system.
D. 
A planned development shall meet all other standards contained in this section as well as all applicable regulations of the zoning district or districts unless waived by the Planning Board.
A. 
No junkyard, motor vehicle junkyard, salvage yard, used building material junkyard, used rags, glass, paper and scrap metal junkyards, recycling centers or other similar uses shall be permitted in any zone except as a conditional use meeting the following conditions:
(1) 
No motor vehicles or junk shall be stored or dismantled within 50 feet of any dwelling house except such dwelling house as may be situated on the licensed premises.
(2) 
Burning of junk or refuse material is prohibited.
[Amended 3-20-1985 by Ord. No. O-6-85]
(3) 
Precaution shall be taken by each owner or operator hereunder to safeguard all flammable, combustible or explosive materials from fire, and no owner or operator shall stack, pile or place junk upon the licensed premises in such manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.
(4) 
No junk shall be stacked, piled, placed or stored nearer than 50 feet to the edge of the right-of-way of any public road.
(5) 
No junk shall be so stacked, piled or otherwise placed within 10 feet of the side line of the licensed premises.
B. 
Fencing regulations; installation.
(1) 
All yards or places where such businesses are or shall be conducted or where such materials are to be stored or kept shall have the following type of fence installed:
(a) 
The fence posts must be made of steel pipe of at least 11/2 inches in diameter, or a steel material of the equivalent strength of one-and-one-half-inch steel pipe.
(b) 
Fence posts must be set in cement at no more than 25 feet apart.
(c) 
The fence must be made of steel wire of not less than 10 gauge in strength and must be no larger than four by four inches in mesh size.
(d) 
The fence shall be at least six feet high.
(e) 
The fence shall parallel the property line which adjoins the primary road used for entering or leaving the business establishment.
(f) 
Clinging ivy-type vines or plants are to be planted along the outside of the fence in such a manner that said vines will eventually cover the fence.
(2) 
The fence must be installed within 60 days of the passage of the approval of the application, unless an application is made to the Zoning Board of Adjustment for an extension of time, based upon weather conditions.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Approval required for burning, was repealed 3-20-1985 by Ord. No. O-6-85.
D. 
Storage requirements. All goods, articles, merchandise or motor vehicles must be stored and kept within the enclosed fence above-described, and not upon the sidewalk, street or any part thereof, and no material shall be piled or placed so as to be visible above said fence.
[Amended 3-3-1997 by Ord. No. O-7-97]
A. 
Illumination levels.
(1) 
General parking and walkways illumination.
(a) 
Average maintained horizontal illumination at ground level shall be as follows:
Level of Activity
Maximum Average
Footcandles
on Pavement
Pedestrian walkways
10.0
Bikeways
2.4
(Self) Parking Lots
  Residential (church, parks, etc.)
0.8
  Office/strip mall
2.4
  Shopping center/mall
4.0
Covered (attendant) parking lot
5.0
Car dealerships
5.0
Service stations
  Approach
1.5
  Driveways
1.5
  Pump island area
20.0
  Service area
3.0
Golf driving range
  Tee area
10.0
  At 180 meters (220 yards)
5.0
(b) 
Luminaires. Light shields are to be used on all lights to control glare. At no time shall the light source be visible from adjacent properties. Shields are to be used to prevent spillover onto adjacent properties and/or other areas where light intrusion is unwanted. A maximum of 0.25 footcandles is permitted at any property line and/or right-of-way line. (However, this does not apply to points of ingress and egress for vehicles.)
(c) 
Mounting height. The maximum mounting height of a pole-mounted luminaire should be a maximum of 16 feet and a minimum of 12 feet. The height of the pole is measured from the ground. The concrete bases of any light poles, if exposed, should be finished to be similar in color to the building facade.
(d) 
Hours of operation. The lighting plan should be designed to take into consideration providing lighting for the hours of operation of the proposed use. The lights should be designed so that they can be reduced or turned off when it is not necessary to operate during primary hours. A timer may be necessary to regulate the hours in which an area is lighted.
(e) 
Spotlights. If used, spotlights should be placed on buildings only as directed so as not to cause glare (a brief loss of vision). They should be positioned at a maximum of 45º to the building wall.
(f) 
Bollard lights. Pedestrian scale bollard-type lighting should be placed along walks and at building entrances. They should be positioned in strategic locations in order to provide security for the pedestrian.
(g) 
Building lighting. The lighting of buildings is discouraged other than for the means of identification (signs), locating building entrance/exits and/or for the purpose of providing security. Any proposed building lighting, including security lighting, should be shown on the lighting plan in order to determine the effect of glare, traffic safety and light pollution.
(h) 
Lighting design. The lighting plan should be designed so as to direct a pedestrian towards the primary entrance. There should be a hierarchy of lighting intensity, with the lowest point at the parking lot exterior and the greater illumination at the building entrance.
(2) 
Street illumination.
(a) 
Street illumination should provide a hierarchy of lighting that distinguishes between the level of use. The height of luminaires, the level of lighting intensity and spacing of poles should vary. The following is a guide for major subdivisions on major, collector, and local streets (actual illumination may be varied based on rural conditions, security, safety and other conditions specific to the street):
Road and Area Classification
Footcandle
(average
minium)
Uniformity
Ratio
(average
minimum)
Major
  Commercial
1.2
3:1
  Intermediate
0.9
3:1
  Residential
0.6
3.5:1
Collector
  Commercial
0.8
3:1
  Intermediate
0.6
3.5:1
  Residential
0.4
4:1
Local
  Commercial
0.6
6:1
  Intermediate
0.5
6:1
  Residential
0.3
6:1
(b) 
Streetlights should be installed by either the developer and/or local utility company in locations approved by the Municipal Engineer in accordance with the municipality's lighting policy.
(c) 
Streetlights in residential areas must be installed at either end of all curves with a radius less than 350 feet or an internal angle greater than 30º or at any location where there is a change in horizontal alignment.
(d) 
Streetlights in residential areas must be installed with a minimum footcandle of 1.0 over the full area of each intersection.
(e) 
The maximum footcandle level should not exceed 0.25 footcandles over the right-of-way line.
(f) 
Light poles, if required, should be installed on the same side of a straight roadway in order to reinforce the direction of circulation alignment. A staggered layout should be discouraged.
(g) 
If cobra-head-type of luminaire is proposed, the recessed cobra luminaires should be used whenever possible.
(h) 
The height of the luminaire should not exceed 25 feet.
(i) 
Streetlights should be installed in any other locations deemed necessary for safety reasons.
B. 
Site plan information.
(1) 
The following information must be provided on a designated lighting plan which is to be prepared in conjunction with a landscape plan to determine the correct location of canopy trees:
(a) 
All existing lights within 100 feet of the site in question, including location of all poles and luminaires.
(b) 
A detail of the luminaires to be used, including the lamp type, manufacturer and wattage.
(c) 
Pole height and mounting height of the luminaire and detail of the pole.
(d) 
Photometric data should be shown on the plan either with isolux lines illustrated up to 2.0, 1.0, 0.50 and 0.25 footcandle lines. The plan should note whether the lines are initial or maintained.
(e) 
All proposed and existing freestanding and wall-mounted lights should be indicated.
A. 
Building lot abutting street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be an existing state, county or municipal street or highway, or a street shown upon a plat approved by the Planning Board, or a street on a plat duly filed in the office of the County Clerk prior to the passage of an ordinance under this Act or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the Township Council, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the Township Council, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street.
B. 
Relaxation of abuttment requirement. Where the enforcement of Subsection A above would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment or Planning Board may, upon application or appeal, vary the application of Subsection A and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan [N.J.S.A. 40:55D-28b(4)].
(1) 
Any application or appeal pursuant to this section shall be governed by § § 175-32, 175-33A(1), 175-30B and 175-33F and G of this chapter.
(2) 
Lot dimensions and area shall not be less than the requirements of the zoning provisions.
(3) 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
C. 
As a rule, any new through lot with frontage on two streets is prohibited. Reverse frontage lots will be permitted only under the following conditions: where the length of the lot between both streets is such that future division of the lot into two lots is improbable and access shall be to the street with the lower traffic function and the portion of the lot abutting the other street shall be clearly labeled on the plat, and, in any deed, that street access is prohibited; and only upon a finding by the Planning or Zoning Board that the reverse frontage lot is unavoidable or desirable in that instance.
[Amended 11-23-2004 by Ord. No. O-49-2004]
D. 
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line and all setbacks shall be measured from such line.
E. 
Two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision, acquired by separate conveyance, or by other operation of law, and one or more of said lots should not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall hold.
F. 
Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Master Plan, and which lot existed at the effective date of this chapter, the Construction Code Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
G. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, where tests and/or borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots and set forth the reasons.
[Added 8-12-2003 by Ord. No. O-38-2003; amended 4-27-2004 by Ord. No. O-10-2004]
A. 
Applicability. The requirements set forth herein shall apply to the development of all lots within the Township of Monroe for residential purposes. For developments where an overall grading plan has already been reviewed and approved by either the Planning Board or the Zoning Board of Adjustment, the review and approval of an individual lot grading plan prior to the issuance of a building is required. For the purposes of this ordinance, the term “development” shall mean the construction, reconstruction or relocation of any residential structure; the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more; and/or the construction of an in-ground swimming pool on a residential lot. At the discretion of the Zoning Officer, the Engineer may be called upon to perform a site inspection to waive the within requirements with regard to the construction of a single-family detached dwelling not related to a development; the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more; and/or the construction of an in-ground swimming pool on a residential lot. The Engineer shall have the authority to waive the within requirements, provided, in his opinion, it will not have an adverse effect on adjacent lots. The determination of the waiver shall be performed at the sole expense of the Engineer.
[Amended 4-24-2007 by Ord. No. O-08-2007]
B. 
The developer of a tract of land in the Township of Monroe shall provide the following items for each lot proposed to be developed:
(1) 
Completed lot grading application, copies of which may be obtained from the Township of Monroe Construction Office;
(2) 
Appropriate fee(s), as required below in Subsection I of this section;
(3) 
Completed lot grading checklist, included below in Subsection J of this section; and
(4) 
Five copies of a lot grading plan, signed and sealed by an engineer licensed by the State of New Jersey, and containing all information listed in the lot grading checklist.
(5) 
In those instances where the lot grading application is related to a development, the applicant shall deposit a performance escrow in the amount of $2,000 per lot up to 25 lots within the subdivision. Under the circumstances wherein a subdivision is larger than 100 lots, the applicant shall be required to post $2,000 per lot for 25% of those lots contained therein. In addition, the applicant shall deposit an inspection escrow in the amount of $650 per dwelling unit. The performance and inspection escrow fees contained within this section shall be deposited in full at the time that the performance bond is accepted by the municipality. Subsection H, Fees, shall not apply to developments.
[Added 4-24-2007 by Ord. No. O-08-2007]
C. 
Nothing contained herein shall prohibit the Engineer from requiring a new overall grading plan for review and approval. The developer shall be entitled to administrative review, if the plan meets the performance standards contained herein, provided that the proposed changes do not violate or create a conflict with the prior approvals granted by the approving authority. If in the opinion of the Engineer the revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.
D. 
Foundation location plan.
(1) 
The State of New Jersey, through the Uniform Construction Code, requires that a foundation location survey be submitted to the Township Construction Official as soon as possible after the installation of the foundation wall. Further, the final verification of such a prior approval rests with the Construction Official. This plan shall be prepared by a land surveyor licensed by the State of New Jersey and show all building corners of the foundation. To confirm that the top of block elevation conforms to the approved plan, the permittee shall also submit a foundation location plan to the Engineer for review. The foundation location plan shall contain the top of block elevation.
(2) 
Nothing in this section shall prohibit a permittee from commencing with framing prior to the submission of the foundation location plan to the Engineer but will instead be a matter to be resolved by the contractor prior to the issuance of the certificate of occupancy. However, since the permittee shall demonstrate conformance to the performance standards listed below in Subsection F prior to the issuance of the certificate of occupancy, it is recommended that the foundation location plan be submitted to the Engineer as soon after the installation of the foundation walls as possible.
E. 
Final survey (as-built plan). A certificate of occupancy shall not be issued until the permittee submits an accurate final survey (as-built plan) to the Engineer for approval. The final survey (as-built plan) shall be prepared by a New Jersey licensed professional land surveyor. The purpose of the final survey (as-built plan) is to ensure that the lot grading is in substantial conformance to the approved plan and that the lot will adequately drain and have no adverse impact on adjoining properties. The final survey (as-built plan) shall be reviewed by the Engineer and determined to comply with the above standards.
F. 
Performance standards.
(1) 
All grading shall be done in a manner that will result in a no adverse impact to adjacent properties. Adjacent properties with natural swales and/or wetlands must be evaluated to insure that adequate capacity is available to accept the runoff from the site being developed and graded. Whenever possible, the land shall be graded in one of the following three methods:
(a) 
The rear yard shall drain overland to the street through side yard swales on either side of the house, located on the common property lines with adjoining lots, and the front yard shall drain directly to the street;
(b) 
The rear yard shall drain and be collected in a system of interior yard inlets and piping designed in accordance with accepted standards, connected to the development’s overall stormwater drainage system, and the front yard shall drain directly to the street; or
(c) 
The rear yard shall drain overland onto adjoining properties only as permitted by right, i.e., no net increase in rate of runoff or manner of flow or via an acceptable easement. The rear yard shall be graded to drain as required in Subsection F(1) above. The front yard shall drain directly to the street.
(2) 
No more than three lots in a row shall be allowed to drain through a swale unless protected by an acceptable easement. The permittee shall confirm to the Engineer that any approved easement has been properly conveyed and recorded and that it is not subject or subordinate to any other interest that could extinguish it or otherwise diminish its effectiveness.
(3) 
The minimum slope for swales, lawns and disturbed areas shall be 2%, 3% for rear yard swales, and for smooth, hard surfaces, i.e., driveways, 1%.
(4) 
Slopes shall not be steeper than three horizontal to one vertical.
(5) 
No grading shall occur within five feet of a property line unless necessary to direct drainage off or onto the property, and then into acceptable drainage facilities. All drainage directed off the property shall conform to the requirements listed in Subsection F(1) above.
(6) 
The maximum grade for driveways shall be 10%.
(7) 
The top of block elevation shall be a minimum of six inches above the highest adjacent grade and shall be provided on all grading plans. The notation of the finished floor alone is not acceptable.
(8) 
Grading within 10 feet of the dwelling shall be in accordance with local building codes.
(9) 
Retaining walls over three feet in height must be designed and then reviewed and approved by the Engineer.
(10) 
Topsoil moved during the course of construction shall be redistributed so as to provide at least five inches of spread cover to all seeded and planted areas of the development and shall be stabilized by seeding or planting. Topsoil shall be reasonably free of stone and contain no stones larger than two inches in any dimension. In the event that the quantity of topsoil at the site is insufficient to provide five inches of cover for all seeded and planted areas, the permittee shall provide and distribute a sufficient quantity of topsoil to provide such cover. The composition of any borrowed topsoil shall be in accordance with New Jersey Department of Transportation (NJDOT) standards and suitable for use in a residential setting.
(11) 
Grading necessary to construct an in-ground swimming pool shall not interrupt the existing and/or approved drainage patterns. Finished deck elevations shall be set above the natural grade occurring on the lot to prevent water from flowing into the swimming pool.
(12) 
The permittee may request a waiver of a particular performance standard upon presentation of a reasonable justification. The Engineer shall have the authority to review the request and issue an administrative change, provided it does not violate the intent of the ordinance.
G. 
[1]All conditions and requirements herein shall be consistent with the Pinelands Stormwater Management Standards as set forth in the Pinelands Comprehensive Management Plan and any standard adopted thereto.
[1]
Editor's Note: Former Subsection G, Performance bond and inspection escrow, was repealed 4-24-2007 by Ord. No. O-08-2007. This ordinance also redesignated former Subsections H through J as G through I, respectively.
H. 
Fees. Fees shall be as set forth in Chapter 74, Fees.
[Amended 9-23-2003 by Ord. No. O-42-2003]
I. 
All of the requirements for the control of grading and drainage of residential lots shall be required to adhere to the following checklist.[2]
[2]
Editor's Note: Said checklist is included at the end of this chapter.
No trailer, auto trailer, trailer coach, travel trailer, mobile home or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the emergency replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction, provided that a temporary permit has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of the same in campgrounds in conformance with all applicable ordinances and codes. This section does not apply to the use of mobile homes in duly licensed mobile home parks.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final map.
A. 
Natural features such as trees, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees and shrubs to enhance soil stability and the landscape treatment of the area. All development shall conform to all other standards of this article relating to natural environmental resources.
B. 
Performance guaranties may be required to complete improvements to lands to be deeded to the Township.
Manufactured homes 22 feet and greater in width shall be permitted in residential districts subject to the bulk requirements for detached units in those districts.
A. 
Any lawful use of land, buildings or structures existing at the time of this chapter may be continued upon the lot or in the structure although the use may not conform to this chapter. Any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and except as permitted below.
B. 
Size reduction. Any lot on which a nonconforming use or structure is located and any vacant nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner, nor shall it be reduced in size.
C. 
Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter, but shall not be changed back to a nonconforming status.
D. 
Maintenance. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does 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 increase the nonconformity in any manner.
E. 
Restoration and repair.
(1) 
If repair or restoration is needed to a nonconforming structure or a structure containing a nonconforming use and if the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance and/or any other required variances.
(2) 
Where the value of repairing the conditions is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.
(3) 
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current replacement cost of the entire structure, not including the cost of the foundation unless the foundation is damaged or condemned.
(4) 
A nonconforming structure may be enlarged, extended, constructed or structurally altered if such alteration or enlargement neither increases the existing nonconformity nor creates a new violation.
F. 
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same or substantially similar nonconforming manner.
G. 
Abandonment. A nonconforming use, structure or lot shall be deemed to have been abandoned, thereby extinguishing any right to continue the use, structure or lot as nonconforming, when there exists the concurrence of an intention by the property owner to abandon, and an external act (or omission to act) by which such intention is carried into effect.
A. 
Access to and from lots. Drives shall be limited to a maximum of two to any street, except when the frontage of a property along any one street exceeds 500 feet, the number of drives to that street may be based on one drive for each 250 feet of property frontage. Each drive shall be at least 50 feet or 1/2 the lot frontage, whichever is greater, but need not exceed 300 feet from the street line of any intersecting street, and be at least 10 feet from any property line. The width of the curb cut shall be determined by the type of traffic. Driveways with widths exceeding 25 feet shall be reviewed by the approving authority, giving consideration to the width, curbing, direction of traffic flow, radii of curves 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.
B. 
Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site aisles 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. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
C. 
Buffers. Parking and loading areas, especially commercial and industrial uses, shall be buffered from adjoining streets, existing residential uses or any residential zoning district in a manner meeting the objectives of the buffer section of this chapter.
D. 
Curbing. All off-street parking areas containing 20 or more spaces and all off-street loading areas shall have concrete curbing around the perimeter of the parking and loading areas and to separate major interior driveways to separate them from the parking and loading 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 in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access over the curbing shall be designed to have ramps from the street grade to the sidewalk. The breaks shall be either opposite each aisle or no less frequent than one every 65 feet along the curb.
E. 
Dimensions.
(1) 
Off-street parking spaces shall be 10 feet wide and a minimum of 20 feet in length. The Planning Board may reduce the width to nine feet and the length to 18 feet if the applicant can demonstrate parking space design adequacy. In any event, in parking lots containing more than 10 spaces, a minimum of one space shall be a minimum of 12 feet wide; and for parking lots with more than 20 spaces, 5% of all spaces, but not more than 10 spaces, shall be 12 feet wide. These wider spaces shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars.
[Amended 8-22-2006 by Ord. No. O-33-2006]
(2) 
For parking spaces 10 feet wide.
Angle of
Parking Space
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90º
20
24
60º
20
24
Parallel
16
20
(3) 
Off-street loading spaces shall be provided of sufficient size and location as to accommodate the largest vehicle anticipated, and said area shall be clearly designated as such.
F. 
Drainage.
(1) 
All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the provisions of § 175-140 of this chapter. Where subbase conditions are wet, spongy or 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 to 12 inches, as conditions dictate, below the proposed finished grade and filled with a suitable subbase material as determined by the Board Engineer.
(2) 
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.
G. 
Surfacing shall be approved as part of the plan approval. Unless determined by the Board Engineer that site conditions or anticipated traffic warrant an increased paving section, all loading and parking spaces, aisle and driveway areas shall be paved with a minimum of two inches of compacted wearing surface of bituminous concrete (FABC) and constructed thereon in accordance with Division 3, Section 10, of the Department of Transportation Specifications, and amendments thereto. A six-inch gravel base shall be provided.
H. 
Landscaping in parking and loading areas shall be shown on the site plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet, and be placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover to the maximum extent feasible to the satisfaction of the approving authority. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination.
I. 
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every retail or wholesale, commercial and/or industrial use. The following standards shall be applied:
(1) 
There shall be a minimum of one space per retail or wholesale commercial and/or industrial 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 loading spaces based on the number of square feet within the building or complex; dispersed throughout the site to best serve the individual uses; and have site plan approval.
(2) 
There shall be a minimum of one trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If a container used for trash/garbage collections function is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container(s) in no way interferes with or restricts the loading and unloading functions.
(3) 
For every retail and wholesale commercial and/or industrial building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied, there shall be provided at least one truck standing, loading and unloading space on the premises. Buildings that contain in excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading space as determined by the Planning Board during site plan review.
(4) 
Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of trucks.
(5) 
Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.
(6) 
Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.
(7) 
No off-street loading and unloading area shall be permitted in any required front yard areas.
J. 
Minimum parking requirements shall be as follows:
(1) 
Automotive repair garage or body shop: one parking space for each 400 square feet of gross floor area.
(2) 
Automotive sales and service. One parking space for each 400 square feet of gross floor area shall be provided for customer and employee parking. These areas shall be in addition to areas utilized for display and storage of vehicles. Site plans shall specify which parking spaces are designated for customers, employees, display and storage.
(3) 
Automotive service station: five parking spaces for each service bay, exclusive of vehicle service area. In no instance shall there be less than five off-street parking spaces.
(4) 
Banks, savings and loan associations and similar financial institutions: one parking space for each 200 square feet of gross floor area.
(5) 
Bar, cocktail lounge or nightclub, including restaurant with bar: one parking space for each 50 square feet of gross floor area.
(6) 
Barbershop and beauty shop: three parking spaces for each chair, but not less than one parking space per 200 square feet of gross floor area.
(7) 
Bowling alley: five parking spaces for each lane. Other commercial uses within the same building will be computed separately in accordance with this section.
(8) 
Business office: one parking space for each 200 square feet of gross floor area.
(9) 
Car wash: five parking spaces for employees plus off-street storage (stacking) space equal to at least five times the number of cars that can be in the wash process at one time. For self-wash or self-service car washes, the requirement for employee parking shall be eliminated.
(10) 
Church, temple, chapel or synagogue: one parking space for each four seats in the main congregation seating area. Where no individual seats are provided, 20 inches of bench shall be considered as one seat. Where seats or benches are not provided or are provided only in a portion of the main congregation seating area, one parking space for each 50 square feet of floor area within the main congregation seating area.
(11) 
Community center, library, museum or art gallery: one parking space for each 200 square feet of gross floor area.
(12) 
Community club, private club or lodge: one parking space for each 100 square feet of gross floor area.
(13) 
Convalescent home, nursing home or rest home: one parking space for each two beds based on its licensed bed capacity.
(14) 
Meeting rooms, assembly or exhibition hall: one parking space for each 50 square feet of gross floor area.
(15) 
Dwellings: two parking spaces for each single-family dwelling; parking spaces for attached and multiple-family dwellings, as in § § 175-104 and 175-146.
(16) 
Dental or medical offices: one parking space for each 100 square feet of gross floor area, except that if located within a building housing three or more separate, unassociated practitioners, the requirement shall be one parking space for each 150 square feet of gross floor area.
(17) 
Drive-in restaurant: one parking space for each 35 square feet of gross floor area.
(18) 
Driving range or miniature golf: one parking space for each tee or hole.
(19) 
Farmers market or auction market: one parking space for each 1,000 square feet of land area in the site.
(20) 
Furniture, appliance store or similar types of uses requiring large amounts of storage: one parking space for each 400 square feet up to 4,000 square feet, plus one parking space for each 800 square feet of gross floor area above 4,000 square feet.
(21) 
Government office: to be determined by the Planning Board, except governmental offices within privately owned buildings shall provide a minimum of one parking space for each 150 square feet of gross floor area.
(22) 
Hardware or auto supply store: one parking space for each 400 square feet of gross floor area.
(23) 
Hospital (general, mental, sanatorium): one parking space for each two beds based on its licensed capacity.
(24) 
Hotel or motel: one parking space for each rental unit. Each commercial use within the building shall be computed separately according to the requirements for such use set forth herein. The Planning Board may allow up to 50% of the required parking for commercial uses in the hotel or motel to be satisfied by guest room parking.
(25) 
Laundromats or similar coin-operated cleaning: one parking space for each 200 square feet of gross floor area.
(26) 
Manufacturing or industrial establishment, research or testing laboratory, bottling plant or similar uses: one parking space for each 500 square feet of gross floor area.
(27) 
Mortuary or funeral home: one parking space for every 100 square feet of gross floor area.
(28) 
Nursery school, day camp or similar uses: one parking space for each 500 square feet of gross floor area.
(29) 
Professional office: one parking space for each 200 square feet of gross floor area.
(30) 
Public and private utilities, electrical substation, gas regulator, waterworks, pumping station and similar facilities: to be determined by the Planning Board based on the specific need of the use.
(31) 
Restaurant, cafe or diner: one parking space for each 50 square feet of gross floor area.
(32) 
Recreation facilities. Those not specifically mentioned herein shall be determined by the Planning Board.
(33) 
Retail store, except otherwise specified: one parking space for each 150 square feet of gross floor area.
(34) 
Studio, art, music, dance, gymnastics and similar uses for the purpose of giving instructions rather than shows or exhibitions: one parking space for each 100 square feet of gross floor area.
(35) 
Schools.
(a) 
Elementary: one parking space for each eight students based on design capacity.
(b) 
Middle or junior high school: one space for each five students based on design capacity.
(c) 
High school: one space for each three students based on design capacity.
(36) 
Shopping center: 5.0 parking spaces for each 1,000 square feet of gross floor area.
(37) 
Theater: one parking space for each 35 square feet of gross floor area.
(38) 
Veterinary clinic or hospital or animal-care facilities: one parking space for each 400 square feet of gross floor area.
(39) 
Warehouse, wholesale, machinery or large equipment sales: one parking space for each 1,500 square feet of gross floor area plus one parking space for each vehicle used in connection with the business.
(40) 
Computed parking requirements may be reduced up to 20% upon a showing of good cause, and provided that these spaces may be located on site if necessary at a later date.
(41) 
Planned large-scale anchor store development: 4.0 parking spaces for each 1,000 square feet of gross floor area.
[Added 8-22-2006 by Ord. No. O-33-2006]
K. 
Location of parking and loading areas.
(1) 
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 serve the building for which the space is being provided. Parking spaces shall be located to directly serve the building for which the space is being provided. No off-street parking or loading space shall have direct access from a street.
[Amended 9-8-2009 by Ord. No. O:25-2009]
(2) 
No loading or parking spaces shall be located in any required buffer area.
(3) 
Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses.
(4) 
No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
(5) 
Parking areas for nonresidential uses shall be set back a minimum of 20 feet from the right-of-way and shall be set back a minimum of 10 feet from any adjacent nonresidential property line. Where said parking area abuts lots zoned for residential use, or upon which is located a residential use, the minimum parking area setback shall be increased to 15 feet. Where buffer setbacks as set forth in Article XIV of this chapter exceed the setbacks contained herein, the minimum setback shall be the greater dimension.
[Added 2-8-2000 by Ord. No. O-4-2000]
A. 
An applicant or developer, as a condition for approval of a subdivision or site plan, shall be required to pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such cost distributed shall be based on circulation and comprehensive utility service plans pursuant to § § 175-13A(2)(d) and (e) [N.J.S.A. 40:55D-28b(4) and (5)], respectively. Fair and reasonable standards shall be used to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each applicant/developer or owner within a related and common area. These standards shall not be altered subsequent to preliminary approval.
B. 
Where an applicant/developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination of the fairness and reasonableness of such amount.
C. 
Improvements to be constructed at the sole expense of the applicant. In cases where the need for an off-site improvement is created by the proposed subdivision and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition for subdivision approval and at the applicant's expense, to acquire lands outside of the subdivision and improve and dedicate such lands to the Township or the county or, in lieu thereof, require the applicant to deposit with the Township a sum of money sufficient to allow the Township to acquire and to improve such lands, subject to and in furtherance of the terms and provisions of this chapter.
D. 
Other improvements.
(1) 
In cases where the need for any off-site improvement is created by the proposed subdivision and where the Planning Board determines that properties outside the subdivision will also be benefited by the improvement, the Planning Board shall forthwith forward to the Township Council a list and description of all such improvements together with its request that the Township Council determine and advise the Board of the procedure to be followed in the construction of installation thereof.
(2) 
The Township Council, after receipt of said list and description, shall determine and advise the Planning Board whether:
(a) 
The improvement or improvements are to be constructed or installed by the Township:
[1] 
As a general improvement, the cost of which is to be borne at general expense, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or
[2] 
As a local improvement, all or part of the cost of which is to be specifically assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Revised Statutes, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or
(b) 
The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.
(3) 
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection D(2)(a)[1] hereinabove, the Planning Board shall estimate, with the aid of the Board Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision, will be specifically benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant any excess of total cost over total benefits conferred, as set forth above.
(4) 
If the Township Council shall determine that the improvement or improvements shall be constructed or installed under Subsection D(2)(a)[2] hereinabove, the Planning Board shall, as provided in Subsection D(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property, will be specially benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the subdivision property, for benefits conferred by the improvement or improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto; and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5) 
If the Township Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection D(2)(b) hereinabove, the Planning Board shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the subdivision property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the subdivision property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the subdivision, of benefits conferred by the improvement or improvements; and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the subdivision property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
(6) 
If the Township Council shall not adopt such an ordinance or resolution within said time, the final subdivision shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.
[Amended 10-3-1988 by Ord. No. O-19-88; 12-5-1988 by Ord. No. O-27-88; 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 7-21-1992 by Ord. No. O-27-92; 8-12-1997 by Ord. No. O-42-97; 10-23-2001 by Ord. No. O-31-2001; 4-22-2003 by Ord. No. O-9-2003; 7-8-2003 by Ord. No. O-23-2003; 9-23-2003 by Ord. No. O-44-2003; 4-22-2004 by Ord. No. O-9-2003; 4-27-2004 by Ord. No. O-11-2004; 7-27-2004 by Ord. No. O-29-2004; 4-24-2007 by Ord. No. O-13-2007; 8-26-2008 by Ord. No. O:28-2008; 5-28-2019 by Ord. No. O:15-2019]
A. 
These general requirements apply only to planned unit developments located throughout the Township.
(1) 
Prior to preliminary approval, the applicant shall submit, for approval by the Township Planner, manufacturer's descriptive data and supporting information for all park and recreation equipment and playground apparatus.
(2) 
In the designation of common open space areas, consideration shall be given to providing for continuity of open space between sections of a development and between open space within a development and open space on adjacent lands. Open space shall be distributed throughout the development so that there is a hierarchy of activities from preservation areas to passive open space adjacent to and between each residential cluster. Designating all open space in one portion of a development is discouraged.
(3) 
Usable recreation space should be provided for active recreation within 1/4 mile of all units. Part of this recreation component may consist of a lake or pond having a constant water level, but excluding therefrom detention and retention basins. Any larger preservation spaces shall be contiguous to and directly related to dwelling structures. Usable recreation space may be improved with facilities for swimming pools, tot-lots, playgrounds and quiet outdoor sports such as, but not limited to, tennis, paddle tennis, golf, baseball, basketball, soccer, lacrosse and the like and accessory buildings such as clubhouses and pavilions. The approving authority shall have complete and final determination as to the adequacy, usefulness and functionability of lands set aside for open spaces.
(4) 
Recreational facilities should be operated for the benefit of the residents of the development. They should not be commercial enterprises open to anyone who pays a fee.
(5) 
Common open space for recreational purposes shall be provided only in planned unit developments located throughout the Township in an amount as required by Article XIV, Zoning, and by this section, where applicable. The developer shall improve this area for active and passive recreation as specified herein. Plans for the improvement of this recreation area shall be an integral component of any preliminary plat and final construction drawings for any major subdivision or residential site plan.
(6) 
The developer shall have the option to except in planned unit developments, to post an assessment in an amount calculated pursuant to Subsection H if he or she determines that the on-site construction of active recreation facilities and/or provisions of open space for passive recreation would result in a loss of potential dwelling units on the subject parcel.
(7) 
The common open space shall be easily accessible from all parts of the development and shall include, at a minimum, all floodplain and wetland areas; provided, however, areas of floodplains, wetlands, wetlands buffers up to 50 feet or stormwater basins may not be counted for more than 50% of the required open space.
(8) 
Notwithstanding the minimum area requirements for open space and recreation in Article XIV, Zoning, the following minimum requirements shall be met. Such open space areas shall be developed with appropriate recreational facilities sufficient to meet the needs of the residents of the proposed development. These areas shall provide recreational opportunities based on the following formula: eight acres for each 1,000 persons or fraction thereof as developed recreation, plus 5% of the gross site area for undeveloped (passive) recreation.
(9) 
Where feasible, the common open space shall connect to existing Township park, recreation or conservation lands or connect into an adjacent development's common open space. Public pedestrian and/or bicycle paths shall be included in the open space whenever feasible and shall be designed to connect into a larger-scale Township system if applicable or feasible.
(10) 
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas.
B. 
Distribution requirements applicable to planned unit developments. The common open space requirements as required by Article XIV, Zoning, shall be distributed generally as outlined below:
Minimum Distribution Percentages of Open Space (expressed as percent of gross tract area)
Recreation Feature
When at least 50% open space required
When less than 50% open space required
In usable recreation facilities as set forth in this section
15%
10%
In natural features, significant wooded areas, vegetation and in other usable open space which shall be defined as lands other than in channels, floodways or water bodies whether used for recreation, retention or detention purposes
15%
N/A
In lands excluded in the above entry
10%
N/A
C. 
Open space/recreation design guidelines.
(1) 
An effective open space system should tie together a number of diverse recreational activity areas with adequate pedestrian pathways and auto/bicycle access for the residents it is intended to serve. As many homes as possible should have direct access to the open space of a development. Developed open space generally should not be isolated in one corner of a project.
(2) 
Active recreation should be visibly close but shall not interfere with the privacy of adjacent residents. It should be designed to accommodate the recreation needs of the project's intended age groups.
D. 
Recreational facilities. In all residential developments which require recreational facilities, the developer shall install, as a minimum, the following recreational facilities on the land which has been set aside for recreational purposes. The approving authority may, at its discretion, alter the schedule of active recreation facilities required, or require equivalent facilities.
Dwelling Units
Lots1
Tot Courts1
Tennis Courts2
Basketball Grounds2
Play Fields3
Multi-purpose
Play Grounds
Neighbor- hood Park
1 to 9
10 to 50
1
51 to 150
1
1
1
151 to 200
2
2
1
201 to 250
2
2
1
1
1
251 to 350
2
3
1
1
1
351 to 450
2
4
1
1
1
1
850 plus
4
8
4
2
2
2
1
NOTES:
1
Plus one for every 100 additional units.
2
Plus one for every 300 additional units.
3
Plus one for every 400 additional units.
(1) 
Tot-lots. Tot-lots shall be a minimum of 5,000 square feet, excluding areas required for fencing, buffering or walkways and shall contain, as a minimum, the following improvements:
(a) 
Four-foot-high chain-link fence with gate or other buffering or screening bordering residential properties and roadways.
(b) 
Two benches, each to be eight feet long and constructed of aluminum.
(c) 
Two table and bench sets.
(d) 
Ground cover shall be in accordance with the requirements of the New Jersey Uniform Construction Code, Playground Safety Subcode.
(e) 
One swing set with four swings, two of which shall be tot swings, one tot chair and one slashproof belt seat 2 3/8 inches outside diameter; legs and top rails with 2 7/8 inches outside diameter fittings, eight feet in height.
(f) 
One single-platform whirl seven feet eight inches in diameter.
(g) 
Two saddle mates with metal "c" springs.
(h) 
One climber, two feet by 12 feet, with a height of approximately four feet seven inches.
(i) 
One sandbox, 15 feet by 15 feet.
(j) 
One slide, two feet by 14 feet, with a height of approximately six feet, and must have wraparound top rails with nonskid steps.
(k) 
One trash receptacle with retractable bottom, ten-gallon capacity, green in color.
(2) 
Playgrounds. Playgrounds shall be not less than three acres in size, excluding areas required for fencing, buffering or walkways, and shall contain, as a minimum, the following improvements:
(a) 
Not fewer than one tot-lot as defined above.
(b) 
Not fewer than one play lot which shall contain, as a minimum, the following improvements:
[1] 
One heavy-duty swing set with legs and top rail not less than 2 3/8 inches outside diameter and with two-and-seven-eighths-inch fittings. The swing set is to be at least 10 feet in height with not fewer than four slash-proof belt-type seats.
[2] 
One bicycle rack not less than 10 feet in length, of aluminum construction or such other materials as may be approved by the Township Planner.
(c) 
Playing fields and courts.
[1] 
Not less than 2.25 acres of seeded or sodded open space (not otherwise utilized as a tot-lot and/or playground) which shall, as a minimum, contain one of the following:
[a] 
Two basketball and two tennis courts.
[b] 
One baseball and one softball field.
[c] 
One football and one soccer field.
[2] 
Football and soccer fields may share all or portions of the same open area.
[3] 
Baseball and softball fields may share portions of the same open area.
[4] 
Where playing fields as noted above share all or portions of the same area, the layout of such fields shall be subject to the approval of the Township Planner.
(3) 
Tennis courts. Tennis courts shall be of regulation size and in all cases shall be constructed in pairs (two courts) and shall be constructed as follows:
(a) 
The courts shall be four inches of bituminous stabbed base on a properly prepared subgrade as set forth by the Township Engineer, on 1.5 inches of FABC leveling course, and a one-and-one-half-inch SP-1 vinyl latex top course and shall be color-coated with light green for the in-play and brick red for the out-of-play.
(b) 
There shall be one set of ground sockets set in concrete on each court.
(c) 
There shall be one set of tennis posts 3 1/2 inches outside diameter with heavy-duty nylon tennis nets on each court.
(d) 
There shall be one reel per court.
(e) 
Tennis courts shall be surrounded with a twelve-foot-high green vinyl chain link fence with entrance gate and buffered planting as designated by the Township Planner.
(f) 
There shall be nightlighting with timers at courts to be designated by the Township Planner.
(g) 
One bench eight feet in length and constructed of aluminum shall be installed at each court.
(4) 
Basketball courts. Basketball courts shall be a minimum size of 50 feet by 84 feet and shall contain, as a minimum, the following requirements:
(a) 
Two fan-shaped aluminum basketball backstops.
(b) 
Two four-and-one-half-inch outside diameter basketball posts with forty-eight-inch extension.
(c) 
Two double-ring and double-brace goals with metal nets.
(d) 
Four inches of bituminous stabbed base course on a properly prepared subgrade as set forth by the Township Engineer, 1.5 inches of FABC leveling course, and a one-inch SP-1 vinyl latex top course.
(e) 
Nightlighting with timers at courts as designated by the Township Planner.
(5) 
Baseball or softball fields. The baseball/softball fields shall have a minimum slope of 2% and not to exceed 3%, with grading to be approved by the Township Engineer, and shall contain, as a minimum, the following requirements:
(a) 
Baseball/softball field combinations should conform to the recommended standards in design.
(b) 
There shall be one backstop with four panels: two ten-foot back panels and two side panels 10 feet high with complete overhang over the back and side panels.
(c) 
There shall be two side fences, four feet high and 20 feet long, with chain link fencing on both sides of the side panels.
(d) 
There shall be two fifteen-foot-long players' benches, constructed of aluminum.
(e) 
The infield should be covered with infield dirt as required by the Township Engineer.
(6) 
Football/soccer fields. Football/soccer fields should be a minimum of 1 3/4 acres and shall have a minimum of 2% slope and not to exceed 3% slope and shall be approved by the Township Engineer. All fields should be designed so as to face north to south and should contain, as a minimum, the following requirements:
(a) 
Football/soccer field combinations should conform to the recommended standards in design.
(b) 
There shall be two combination football/soccer posts.
(c) 
There shall be two heavy-duty nylon soccer nets.
(d) 
There shall be two aluminum benches, each 15 feet in length.
(7) 
Multipurpose fields. Multipurpose fields shall be a minimum size of 250 feet by 420 feet, exclusive of area required for fencing, screening, buffering and parking facilities or other ancillary facilities, and shall contain, as a minimum, the following improvements:
(a) 
Completely grassed field.
(b) 
Baseball/softball backstop in one corner of the site.
(c) 
Football/soccer field goal posts made of pipe at each end of the field.
(d) 
A minimum of 2% and maximum of 3% slope.
(e) 
Nightlighting with timers at fields to be designated by the Township Planner.
(8) 
Pedestrian, bicycle and fitness trails.
(a) 
Pedestrian and bicycle trails when constructed as one trail shall be a minimum of six feet wide. Fitness trails are to be a minimum of three feet wide. Trails should be constructed free of branches or other obstructions, are to have a minimum slope of 2% and should follow the contour of the area where possible. Trails should be constructed of two-inch FABC-1 surface course over six inches of quarry blend. Paths should generally follow ground contours, streams, lakes, ponds or other natural features and shall have a destination. When crossing roadways in a development, appropriate depressed curbing, signs and crosswalk striping shall be provided.
(b) 
Walkways and bicycle paths shall have information signs. If trails are designed to be specifically used for bicycles, then a sign marked with the international bicycling symbol shall be used. The path system shall meet the following requirements:
[1] 
Fitness trails shall be a twenty-piece unit with information signs explaining use of each apparatus (wooden units).
[2] 
Pedestrian walkways shall have one aluminum park bench, six feet in length, for every 1/2 mile.
[3] 
Information signs shall be placed at various points of interest along the trail.
(9) 
Neighborhood parks. A neighborhood park shall be a minimum of seven acres. Included in the minimum acreage is fencing, screening, buffering and landscaping bordering residential properties or any roadway and shall contain, as a minimum, the following requirements:
(a) 
Tot-lot: one fully enclosed with four-foot-high chain link fence, one entrance gate.
(b) 
Playground: one.
(c) 
Multipurpose paved courts: two basketball and two tennis courts.
(d) 
Multipurpose field: one baseball/softball and one combination football/soccer field.
(e) 
Picnic area: a minimum of 1/2 acre and shall have, as a minimum, five aluminum picnic tables and three grills.
(f) 
Parking area: a minimum of one car per 300 persons of population served with not fewer than 10 parking spaces, with two parking spaces for the disabled.
(10) 
Barrier-free site designs for the disabled. All tot-lots, playgrounds, tennis/basketball courts, parks and any other recreation areas shall be barrier-free so as to allow accessibility for the disabled. Such areas are to be fully accessible, both in the active areas as well as in the passive areas, and shall contain, as a minimum, the following requirements:
(a) 
There shall be two parking spaces for the handicapped with international disabled person symbol.
(b) 
Walkways shall be a minimum of six feet wide for easy mobility.
(c) 
There shall be access ramps where steps are otherwise required on entrance to any recreational site. Ramps shall be four feet wide with two continuous handrails 32 inches high.
(d) 
Gates on all chain link fences shall have a clear opening of 34 inches.
(e) 
On all walkways which cross roads or sidewalks, a depressed curb shall be provided for accessibility by the handicapped.
(11) 
Community buildings. In planned developments of over 150 dwelling units, consideration shall be given toward a recreation center/community multipurpose building. Such facilities should be within walking or easy biking distance of the majority of the residents it is intended to serve.
(12) 
Other amenities. Consider jogging trails and exercise areas in an adult-oriented project. Provide benches and sitting areas along pathways where appropriate and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project. Consider an area reserved for small garden plots in larger developments.
E. 
The approving authority may require a developer to make certain site preparation improvements to the open spaces and may require that the site preparation improvements are made a part of the plan and are noted therein. These improvements may include the following:
(1) 
Removal of dead or diseased trees.
(2) 
Thinning of trees or other growth to encourage more desirable growth.
(3) 
Grading and seeding.
(4) 
Improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar devices.
(5) 
Planting of additional trees, shrubs and/or other types of vegetation to improve and enhance the environment in which each open space is located to attract and stimulate nature.
F. 
Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this section, the Planning Board shall require the approval of an open space and recreational amenity phasing map which shall become part of an overall phasing plan and approval for any subdivision, planned and/or clustered development.
G. 
The requirements of this section relating to the construction of active and passive recreation facilities and the total percentage of open space required within a development may be modified and/or waived by the Planning Board's determination that both the area local to the development and Monroe Township's park and recreation needs would be better served by an agreed cash bequest to the designated parks and recreation budget, which sums shall be added to the current year municipal budget when received as a dedication by rider, in accordance with the provisions of N.J.S.A. 40A:4-39.
H. 
Contributions in-lieu of facilities.
(1) 
The amount of the contribution required pursuant hereto shall be determined by the Township based upon the cost to the Township to provide active recreational facilities and the value of the land for the passive recreation area. This would apply to residential development with the exception of a remainder lot from a subdivision that contains an existing single-family dwelling that would remain. An evaluation of the costs will annually be reviewed by the Township in order to determine if the per-lot contribution needs to be adjusted. The cost per lot is established at $5,900.
(2) 
Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning or Zoning Board Chairman, Planning or Zoning Board Secretary and Township Engineer and shall be equal to the per-lot amount times the number of building lots shown on the final plans to be signed and filed and shall be made payable to the designated parks and recreation fund. For good cause shown, the Planning or Zoning Board may enter into an agreement to provide that the payment or payments shall be made at some later time, subject to the posting of adequate performance guaranties in an amount of 120% of the agreed contribution, subject, however, that the delayed period of time shall in no event be later than the issuance of the first certificate of occupancy.
(3) 
The cash bequest shall be used exclusively for park and recreation purposes and shall be placed in the current budget line item designated "parks and playgrounds, other expenses." Monroe Township reserves the right to use said funds for proper purposes anywhere within the Township of Monroe.
I. 
All development within the Pinelands Area of the Township shall conform to the recreation requirements contained in §§ 7:50-6.141 to 7:50-6.144 of the Comprehensive Management Plan.
[Added 5-28-2019 by Ord. No. O:15-2019]
A. 
Except as provided in § 175-125B, recreation facilities and usable open space required to be provided by the developer in accordance with this article shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a homeowners' association or similar organization that satisfies the criteria established in § 175-125C.
B. 
The person or entity identified in Subsection A as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.
C. 
If common open space is not accepted and dedicated to public ownership, responsibility for maintaining common open space shall lie with the development's homeowners' association or other similar entity. No planned and/or cluster development shall receive preliminary approval unless the applicant presents an adequate plan for the organization and administration of such an association. Such plan shall ensure that the homeowners' association or other entity responsible for the maintenance of common open space shall provide adequate funding for the maintenance, repair and replacement of such open space and its structures by a system of fees assessed against residents of the development. The financial soundness of such a homeowners' association or other entity shall include fee arrangements guaranteed by assessments levied on the land in the development through permanent deed restrictions or other suitable guaranties. The applicant will comply with all the standards of § 175-113 for the establishment of homeowners' associations. No planned and/or clustered development shall receive final approval by the Township until all elements of the homeowners' association have been satisfactorily reviewed and approved by the Planning Board and the Department of Community Affairs.
[Added 5-28-2019 by Ord. No. O:15-2019]
A. 
If any portion of any lot proposed for residential development lies within an area designated on the officially adopted Recreation Master Plan as a neighborhood park or part of the greenway system or bikeway system, the area so designated (not exceeding 5% of the total lot area) shall be included as part of the area set aside to satisfy the requirement of this section. This area shall be dedicated for public use.
B. 
If more than 5% of a lot proposed for residential development lies within an area designated as provided in Subsection A, the Township may attempt to acquire the additional land in the following manner:
(1) 
The developer may be encouraged to resort to the procedures authorized in this section and to dedicate the common space thereby created; or
(2) 
The Township may purchase or condemn the land.
C. 
Any land offered to the Township shall be subject to approval by the Township Council after review and recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
D. 
Every parcel offered to and accepted by the Township shall be conveyed by deed at the time final plat approval is granted, with such acceptance being subject to any conditions the Township may impose. The deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.
E. 
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board which ensure that:
(1) 
The open space area will not be further subdivided in the future.
(2) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(3) 
All open space shall be clearly indicated on the final plat by metes and bounds.
F. 
Land so dedicated for open spaces shall include, wherever feasible, natural features such as streams, wetlands, brooks, wooded areas, steep slopes and other natural features of environmental scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements to enhance these open space areas.
A. 
Electricity. 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.
B. 
Glare. 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, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see § 175-116 entitled "Lighting," in this article.
C. 
Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.
D. 
Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without there having first been obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.
E. 
Vibrations.
(1) 
Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions, simultaneously.
(2) 
Vibration level restrictions. Vibration levels shall not exceed a particle velocity of 0.05 inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of 0.02 inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
F. 
Airborne emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, New Jersey Department of Environmental Protection 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:
(1) 
Steam emissions. No visible emissions of steam, having an equivalent capacity greater than 60% and excepting direct results of combustion, shall be permitted within 500 feet of a residential district.
(2) 
Toxic matter. Emissions of chemicals, gases, components or elements, listed as being toxic matter by the American Conference of Governmental Hygienists, the New Jersey Department of Labor and Industry, or the United States Environmental Protection Agency, shall not exceed the threshold level, as determined in accordance with ASTM D 1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of said toxic matter comply with the applicable regulations of the New Jersey Department of Environmental Protection, the New Jersey Department of Labor and Industry, and the United States Environmental Protection Agency. Proof of compliance shall require the submission of duplicate copies of certifications or permits from the New Jersey Department of Environmental Protection and the New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.
(3) 
Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.
G. 
Noise emissions.
(1) 
Standard. Noise shall be measured with a sound level meter complying with the standards of the American National Standards Institute, American Standards Specifications for General Purpose Sound Level Meters (ANSI S.1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurement shall be conducted in accordance with the American Standard Method for the Physical Measurement of Sound (ANSI S.1.2-1961 or its latest revision).
(2) 
Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:
NOISE LEVEL RESTRICTIONS
Performance Category
Maximum Level
Permitted
(dBAs)
Where Measured
Residential districts
55
On or beyond the neighboring use or lot line
Agricultural districts
60
On or beyond the neighboring use
All other districts
65
On or beyond the district boundaries
(3) 
Exclusion and permitted variations:
(a) 
The levels specified in the table may be exceeded once by 10 dBAs in a single period of 15 minutes, during one day.
(b) 
Peak values of short duration, also known as impact noises, may exceed the values specified in the table by 20 dBAs or have a maximum noise level of 80 dBAs, whichever is more restrictive.
(c) 
Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from the above limitations.
(d) 
The noise restrictions of this section should not apply to agricultural activities on land located in the Agricultural Production Zoning District.
H. 
Storage and waste disposal.
(1) 
In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
(2) 
All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection of New Jersey Department of Labor and Industry Codes, whichever is more restrictive.
(3) 
All outdoors storage facilities for fuel, raw materials and products stored outdoors wherever permitted shall be enclosed by an approved safety fence and visual screen and shall conform to all-year requirements imposed upon the principal buildings in the district.
(4) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life or be allowed to enter any stream or watercourse.
(5) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.
(6) 
All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(7) 
All permanent outdoor solid waste receptacle stations shall be screened on three sides by an opaque fence or wall no less than six feet in height or one foot above the height of the receptacle, whichever is greater. The fourth side shall consist of a solid opening outwards. The stations shall not be located in any required yard areas or site triangles.
[Added 12-7-1987 by Ord. No. O-43-87]
[Amended 10-3-1988 by Ord. No. O-21-88; 3-27-2012 by Ord. No. O:11-2012; 10-26-2015 by Ord. No. O:35-2015]
No lot shall have upon it more than one principal permitted use, except that a single dwelling unit may be permitted on a lot used primarily for a nonresidential use in the C Zoning District; provided, however, that the site plan shall indicate adequate parking for both uses. In the Pinelands Area, no more than one principal use shall be located on a lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands and except for lots within the RG-TC District, where one or more of the permitted uses, as listed on table 175, Attachments 4:1 and 4, 2 may be located on the lot.
A. 
The purpose of this section is to provide a method of developing land in certain districts of the Township so that desirable open spaces, conservation areas, floodplains, recreation areas and other environmentally sensitive lands can be set aside and so that a variety of affordable housing types may be produced by permitting planned residential developments.
B. 
Planned residential developments may be approved at the discretion of the Board in accordance with the following standards:
(1) 
That all planned residential developments shall be connected to an approved and functioning central water and sanitary sewerage treatment system.
(2) 
That the minimum project size, open space and maximum density provisions for planned residential developments within any district shall be as specified within Article XIV of this chapter.
(3) 
That the minimum requirement for acreage of open space is achieved by a proposed development and that the location, type, design, layout, maintenance, ownership and control of such open spaces comply with the minimum standards of § 175-125 of this chapter.
(4) 
That whenever possible, all dwelling units shall be arranged into clusters and shall front on culs-de-sac and loop streets and be so designed as to discourage through vehicular traffic movements within clusters of residential dwelling units.
(5) 
That only the rear lot lines of any proposed building lot, whether for residential or other purposes, shall abut the lot lines of the parcel originally proposed for development, except that no proposed building lot shall abut the right-of-way of an existing street bounding the parcel originally proposed for development. Instead, the rights-of-way of all existing streets, bounding the parcel originally proposed for development, shall be separated from planned residential developments by open space of sufficient width as prescribed in § 175-125.
[Amended 11-23-2004 by Ord. No. O-49-2004]
(6) 
All utility installations shall be underground.
C. 
Required findings by the Planning Board. Prior to granting approval of any planned residential development, the Planning Board must find that:
(1) 
Sanitary sewer collection and treatment, as well as potable water facilities, are available to and are to be provided to the proposed development.
(2) 
The proposal will produce economy in layout and design.
(3) 
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(4) 
Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purposes and that the open space standards of the Article have been achieved.
(5) 
There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the development.
(6) 
The proposal is consistent with the intent and purposes of the Master Plan.
(7) 
The principles of § 175-114 shall be followed in reviewing applications.
D. 
Minimum tract size and maximum density. The minimum tract size and maximum density of residential building lots for cluster development in each of the specified districts shall be as defined in the cluster development provisions of the above-referenced zoning districts as provided by Article XIV of this chapter.
E. 
Area, yard and setback requirements. The minimum building lot requirements for cluster development in each of the specified districts shall be defined in the area, yard and setback requirements for cluster development in Article XIV of this chapter.
A. 
All public services shall be connected to an approved public utilities system where one exists.
B. 
Except as permitted under the provisions of Subsection E of this section, the developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections.
[Amended 5-21-1990 by Ord. No. O-11-90]
C. 
The developer may be required to submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service utilities overhead. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of overhead lines, such new facilities shall be installed underground.
D. 
Any installation under this section to be performed by a servicing utility shall be exempt from requiring performance guaranties.
E. 
Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines, switching stations, which must be provided above ground may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1) 
A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2) 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
(3) 
Adequate and attractive fences and other safety devices will be provided.
(4) 
Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.
F. 
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
A. 
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited. No conditional use approval of any resource extraction activity or use shall be granted unless the following has been filed with the Board:
[Amended 8-24-1999 by Ord. No. O-17-99; 5-25-2010 by Ord. No. O:07-2010]
(1) 
The name and address of the applicant and his interest in the subject property; if the applicant is a partnership, the partnership name and business, together with the names of all partners and their residential addresses; if the applicant is a corporation, the name of the corporation, the place of business of said corporation, the date and state of incorporation, the names and addresses of all directors of such corporation, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the names and addresses of the legal representatives of the corporation, if any.
(2) 
The name and address of the owner or owners of the premises involved, if different from the applicant, and the owner's signed consent to the filing of the application; if the owner or owners are a partnership, then the partnership name and business address and the names of the partners, together with their residential addresses; if the owner is a corporation, the name of the corporation, its place of business, the date and state of incorporation, the names and addresses of all officers and the positions held in the corporation, the names and addresses of all directors, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the names and addresses of the legal representatives of the corporation, if any.
(3) 
A location map or diagram of the premises showing the location of the lot(s) and abutting lands and roads within 1,000 feet of the active area.
(4) 
The legal description, including block and lot designation and street address, if any, of the subject property.
(5) 
A description of all existing uses of the subject property.
(6) 
A brief written statement generally describing the proposed development.
(7) 
A United States Geological Survey 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.
(8) 
A topographic map, at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property in its present condition by spot elevations and an overlay showing the proposed topographical contour grades which will result from the intended soil removal. The topographic map shall include an area 200 feet from the boundaries of the proposed areas to be disturbed or to the boundary of any buffer area if it is within 200 feet of the actual work area.
(9) 
The location, size and intended use of all buildings.
(10) 
The location of all points of ingress and egress.
(11) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(12) 
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
(13) 
A soils map.
(14) 
The names and addresses of all adjoining landowners within 1,000 feet of the perimeter or location of the lot or premises for which application is being made.
(15) 
A reclamation plan which includes:
(a) 
Method of stockpiling topsoil and overburden.
(b) 
Proposed grading and final elevations.
(c) 
Topsoil material application and preparation.
(d) 
Type, quantity and age of vegetation to be used.
(e) 
Fertilizer application, including method and rates.
(f) 
Planting method and schedules.
(g) 
Maintenance requirements schedule.
(16) 
The limit or outbounds of the area or areas on the subject property within which the resource extraction operation is to be conducted.
(17) 
The proposed slopes and lateral supports of the limits of the area upon completion of the excavating operations. This requirement may be limited to the active work area.
(18) 
The proposed provisions and facilities for water drainage.
(19) 
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
(20) 
A financial surety guaranteeing performance of the requirements of § 175-130, 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 duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.
[Amended 3-24-1998 by Ord. No. O-5-98]
(21) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.
(22) 
When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 175-63.
B. 
The following standards are to be achieved and maintained in order to receive conditional use approval of a resource extraction use or activity:
(1) 
Resource extraction standards. Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
(a) 
Is designed so that no areas of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than 200 feet to any property line, unless it can be demonstrated that a distance between 100 feet and 200 feet will not result in greater off-site environment impacts.
[Amended 5-28-2019 by Ord. No. O:13-2019]
(b) 
Is to be located on a parcel of land of at least 20 acres.
(c) 
Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
(d) 
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
(e) 
Provides ingress to and egress from the resource extraction operation from public roads by way of gravel or porous paved roadways.
(f) 
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
(g) 
Will not involve excavation below the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the areas in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
(h) 
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection B(1)(j) below.
[Amended 4-28-1997 by Ord. No. O-27-97]
(i) 
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection B(2), Restoration standards, of this section and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance.
(j) 
Will not involve clearing adjacent to ponds in excess of 20 acres or any areas necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
[Amended 10-3-1988 by Ord. No. O-21-88]
(k) 
Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map, Figure 7.1 of the Pinelands Comprehensive Management Plan.
[Added 10-3-1988 by Ord. No. O-21-88]
(2) 
Restoration standards. All parcels of land which are used for resource extraction operations shall be restored as follows:
(a) 
Restoration shall be a continuous process, and each scheduled unit of the parcel shall be restored such that ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
[Amended 10-3-1988 by Ord. No. O-21-88]
(b) 
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the preceding subsection.
(c) 
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of surface of the restored surfaces shall not exceed one foot vertical to three feet horizontal.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
(d) 
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
[Amended 4-28-1997 by Ord. No. O-27-97]
(e) 
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
(f) 
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
[Amended 4-28-1997 by Ord. No. O-27-97]
(g) 
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
(h) 
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
[1] 
Stabilization of exposed areas by establishing ground cover vegetation.
[2] 
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[a] 
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.
[b] 
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species.
[c] 
A combination of the planting techniques set forth in Subsection B(2)(h)[1][a] and [b] above.
[d] 
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
(i) 
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[Added 4-28-1997 by Ord. No. O-27-97[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B(2)(i) and Subsection B(2)(j).
(j) 
The letter of credit, surety bond or other guaranty of performance which secures restoration for each section shall be released after the requirements of Subsection B(2)(a) through (i) above are determined by the Township or the Pinelands Commission, as appropriate, as being met and is replaced with a maintenance guaranty for a period of two years thereafter.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]
C. 
Approvals authorizing resource extraction shall be effective for a period of two years in all areas of the Township and in the discretion of the Township Council for a period of up to five years in all Pinelands areas, provided that the requirements of Subsections C(1) and (2) below are met. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.
[Amended 3-24-1998 by Ord. No. O-5-98]
(1) 
In all Pinelands areas, operators of all approved resource extraction operations shall, on a yearly basis, certify in writing, and to the satisfaction of the Town Council and the Pinelands Commission, that all mining, restoration and other activities have been to continue to be conducted in accordance with an approved resource extraction permit.
(2) 
In all Pinelands areas, in the event that the Town Council and/or other Pinelands Commission determine that any mining, restoration or other activity deviates from the conditions of an approved resource extraction permit, the operator of the mining operation shall be immediately notified of the deviation. The notice shall state the nature of the deviation, order the action necessary to correct it and set forth the date, time and location of a meeting to be held within 10 days of the notice, at which the operator shall present all relevant information concerning the deviation and the action taken or to be taken to correct it. The order to take corrective action shall specify any activity which must be immediately ceased to prevent direct of indirect aggravation of the deviation or to avoid a danger to public health, safety or welfare. Such cessation shall continue until the deviation has been resolved to the satisfaction of the Township Council and the Executive Director of the Pinelands Commission or until an agreement to resolve the deviation has been reached. Failure to resolve a deviation or to adhere to the terms and conditions of any agreement to resolve a deviation shall constitute sufficient cause for revocation of the permit.
D. 
Appeals upon denial of permit. An applicant may appeal the denial of his requested permit to the Township Council for reconsideration and hearing as set forth in Subsection E, Hearings, set forth hereinafter.
[Added 10-3-1988 by Ord. No. O-21-88]
E. 
Hearings.
[Added 10-3-1988 by Ord. No. O-21-88]
(1) 
Request for hearing.
(a) 
Upon written request for a hearing made by the applicant to the Township Council, an opportunity to be heard shall be granted within 30 days thereafter. The Township Council, in considering and reviewing the application and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare and particular consideration shall be given to the following factors:
[1] 
Soil erosion by water and wind.
[2] 
Drainage.
[3] 
Soil fertility.
[4] 
Lateral support slopes and grades of abutting streets and lands.
[5] 
Land values and uses.
[6] 
Water quality standards that are not in conformance with and acceptable pursuant to New Jersey Department of Environmental Protection guidelines.
[7] 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
[8] 
Restoration plan and continuous compliance with said plan.
(b) 
The Township Council may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to § 175-130A.
(2) 
After examining the application and the map provided for in § 175-130A of this chapter and after the hearing, in the event that a hearing is requested by the applicant, and if the Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creating of any sharp declivities, pits or depressions, soil erosion, fertility problems or depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted for two years in all areas of the Township and in the discretion of the Township Council for a period up to five years in all Pineland areas, provided the standards set forth in § 175-130C are met. Any conditions of approval shall be duly noted in the permit.
[Amended 9-30-1997 by Ord. No. O-55-97; 3-24-1998 by Ord. No. O-5-98]
(3) 
Notice of the hearing shall be provided to the Pinelands Commission in accordance with the provisions of § 175-39B.
F. 
Liability insurance. The applicant shall evidence liability insurance in sums not less than $100,000/$300,000 per accident. Such insurance shall indemnify the Township from the operations of the applicant. A certificate or copy of said policy shall be delivered to the Municipal Clerk for filing.
[Added 10-3-1988 by Ord. No. O-21-88]
G. 
Additional requirements.
[Added 10-3-1988 by Ord. No. O-21-88]
(1) 
All drawings of improvements and/or technical information shall be prepared, signed and sealed by a licensed professional engineer of the State of New Jersey. All land survey information shall be prepared, signed and sealed by a licensed professional land surveyor of the State of New Jersey.
(2) 
Water sampling. Prior to the obtaining approval of a permit which includes the creation or existence of a body of water, the applicant shall submit testing results in conformance with the New Jersey Department of Environmental Protection guidelines for water quality monitoring. The aforesaid results shall be accepted pursuant to appropriate water quality standards. Minimum requirements for testing shall be the standard elements for sampling potable water, including chemical and bacteria samples. The rate of sampling shall be semiannual, sampling to be done in April and October, and reported to the Township on or before May 1 and November 1 of each and every year for the respective sampling. Any new application for a license must submit water sample results with the application regardless of the time of year. More frequent sampling will be required if it is determined that the water quality is deteriorating from background water quality.
(3) 
No person shall conduct any resource extraction operations or trucking activities Monday through Saturday between the hours of 5:30 p.m. and 7:00 a.m. No such activity shall be permitted at any time on Sunday. This paragraph shall not be deemed to expand any hours of operation which might otherwise be limited by an approval of the Monroe Township Zoning Board of Adjustment at the time of issuance of a variance to conduct soil removal in a zone not otherwise permitting such use.
(4) 
No permitted operation shall utilize blasting or explosives.
H. 
Fees. The initial permit fee in the amount of $200 shall accompany the application. Licenses shall run for a period of two years from July 1 of each year in all areas of the Township and, in the discretion of the Township Council, for a period of five years from July 1 in all Pinelands areas. Thereafter, permit renewal fees shall be $100. All applications for a license for renewal shall be submitted not less than 60 days prior to the permit date of July 1 of the appropriate year.
[Added 10-3-1988 by Ord. No. O-21-88; amended 3-24-1998 by Ord. No. O-5-98]
I. 
Inspections. The permittee shall permit inspection of the premises at all reasonable business hours by the Mayor, members of the Township Council or by such designated Township officials as the Mayor or Township Council may lawfully authorize to inspect and report thereon to the Mayor administratively or the Council legislatively.
[Added 10-3-1988 by Ord. No. O-21-88]
J. 
Transfer restrictions.
[Added 10-3-1988 by Ord. No. O-21-88]
(1) 
No permit shall be transferable in any manner whatsoever from the applicant to whom the permit is issued to any other person or persons.
(2) 
In the event that a change of 10% or more of the stock ownership of a corporation or a change in the partnership ownership or structure, in the case of a partnership, occurs, such change shall be deemed a transfer of the license and shall require the approval of the Township Council as set forth within this chapter.
K. 
Revocation of permit. Upon 10 days' written notice and an opportunity to be heard before the Council, the permit of any person may be revoked or suspended for such time or period as the Council may determine for any violation of the terms hereof or the terms and conditions of any permit granted or issued hereunder. Written notices shall be given at the address set forth in the original application or amendments subsequently filed with the Township.
[Added 10-3-1988 by Ord. No. O-21-88]
L. 
Violations and penalties. Any person, firm or corporation violating any of the provisions of this section shall be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court before whom such conviction shall be had. Each and every violation of and nonconformance with this chapter or each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation thereof.
[Added 10-3-1988 by Ord. No. O-21-88]
[Added 12-7-1987 by Ord. No. O-43-87]
A. 
All site plans and major subdivision submissions shall include rodent control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control displacement of existing rodent populations onto adjacent properties and related environmental impacts.
B. 
The submissions may be in the form of plans, documents, schedules or any combination thereof describing the method and details of the proposed control.
[Amended 11-26-2018 by Ord. No. O:34-2018]
A. 
All storage areas and trash facilities shall be suitably screened, and all 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 40 feet and from any other property line at least 30 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.
C. 
No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six motor vehicles may be located outside a service station building for a period not to exceed five days, provided that the owners are awaiting the repair of said motor vehicles.
D. 
The exterior display and parking of equipment for rent or sale shall be permitted, provided that 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 being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the traffic circulation indicated on the approved site plan.
E. 
It is intended that automotive service stations be designed compatibly 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 nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.
A. 
There shall be shade trees planted where possible and practical along either side of each new street, as said streets are hereby laid out and established.
B. 
In each subdivision of land, the developer shall plant trees along either side of said streets, proper shade and/or decorative trees at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Trees shall be planted at least 15 feet from the curbline. Where sufficient tree growth exists on each lot, no additional plantings shall be required.
C. 
All trees planted in accordance with the provisions of this chapter shall be nursery-grown, of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in all other respects to the provisions for trees and tree plantings outlined in this chapter. In the Pinelands Area of Monroe Township, native vegetation shall be utilized for landscaping, including but not limited to those species listed in N.J.A.C. 7:50-6.25 of the New Jersey Pinelands Comprehensive Management Plan.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
D. 
All trees planted pursuant to this chapter shall be planted in a dormant state.
E. 
Subsequent or replacement plantings shall conform to the type of existing trees in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Planning Board.
[Amended 11-23-2004 by Ord. No. O-51-2004]
F. 
All shade trees, to the maximum extent practicable, shall be native to the area and shall be a minimum 1 1/2 inches to two inches caliper, and of a species approved by the Board.
G. 
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case these lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Special attention shall be directed toward the preservation of major trees by professional means. Also see § 175-147 of this article.
[Amended 7-21-1992 by Ord. No. O-27-92; 5-20-1996 by Ord. No. O-7-96; 10-13-1998 by Ord. No. O-38-98; 9-14-1999 by Ord. No. O-26-99; 10-23-2001 by Ord. No. O-31-2001; 5-13-2003 by Ord. No. O-17-2003]
The primary function of sidewalks shall be to provide for safe pedestrian movement. Unless specifically waived by the Planning Board or Zoning Board, sidewalks shall be installed in all types of development and shall be installed along all streets and wherever pedestrian traffic is expected.
A. 
For the purpose of this section, the Township shall be divided into four sidewalk areas to provide flexible sidewalk requirements and encourage a functional and usable sidewalk system.
(1) 
Sidewalk Area 1 consists of the area bounded by Railroad Avenue, Ames Road, Corkery Lane, Black Horse Pike, Malaga Road, Winslow Road, Walnut Street, New Brooklyn Road, Jones Road, Radix Road, Sicklerville Road, Kelly Street, Lake Avenue, West Lois Drive, Jobs Lane, Prince Street and Railroad Avenue (bike path) and all properties located on the Black Horse Pike between Cross Keys Road and Malaga Road. Sidewalk Area 1 includes those portions of the Township where the highest pedestrian traffic is anticipated. The continuation of the existing sidewalk system is, therefore, very important for the safe movement of pedestrians.
(2) 
Sidewalk Area 2 consists of all lands located within two miles of a public or private elementary or middle school or 2 1/2 miles of a high school, except properties located within the AG, BP, FD-10, FD-40, RD-A, RG-PR and RG-20 Districts, and all properties located on the Black Horse Pike east of Malaga Road. Sidewalk Area 2 generally includes those portions of the Township located just beyond the more heavily developed Sidewalk Area 1. Because of the proximity to schools and future pedestrian traffic generators, the need for sidewalks in these areas is high.
(3) 
Sidewalk Area 3 consists of all lands within the AG, BP, FD-10, FD-40, RD-A, RG-PR and RG-20 Districts located within two miles of a public or private elementary or middle school, or 2 1/2 miles of a high school. Sidewalk Area 3 is similar to Sidewalk Area 2, with the exception that the maximum permitted residential densities are lower. The need for sidewalks is high in the vicinity of pedestrian traffic generators and schools.
(4) 
Sidewalk Area 4 consists of all lands located greater than two miles from a public or private elementary or middle school or 2 1/2 miles of a high school and not included in Priority Areas 1, 2 or 3. Sidewalk Area 4 includes the most rural portions of the Township where low pedestrian traffic is anticipated.
B. 
The requirements of this section relating to the construction of sidewalks may be modified and/or waived by the Planning Board of Zoning Board if requested by the developer upon the Board's determination that both the area to be developed and the Township on whole would be better served without the construction of a sidewalk.
[Amended 5-25-2004 by Ord. No. O-19-2004; 12-20-2005 by Ord. No. O-41-2005; 9-26-2016 by Ord. No. O:25-2016]
C. 
Where the requirements of this section relating to the construction of sidewalks have been waived by the Planning Board or Zoning Board, a ten-foot-wide graded area shall be provided, partly to provide for pedestrian safety and partly to provide area for future sidewalk construction if the need arises. The composition of the graded area shall be at the discretion of the Planning Board of Zoning Board.
D. 
A ten-foot-wide pedestrian easement may be required by the Planning Board or Zoning Board through the center of blocks more than 600 feet long to provide circulation or access to schools, playgrounds, shopping or other community facilities.
E. 
Material and construction. Walks shall be of portland cement concrete. Concrete shall be Class C having a twenty-eight-day compressive strength of 4,000 pounds per square inch.
F. 
The materials for concrete and the materials and methods used for air entrainment shall be as specified in the New Jersey Department of Transportation Standard Specifications.
G. 
Joint fillers shall be of the preformed bituminous cellular type and preformed bituminous type.
H. 
Dimensions of the concrete walks shall be at least four feet wide and at least four inches in thickness, except at points of vehicular crossing where the minimum thickness shall be six inches.
I. 
The walks shall be located at least four feet back from the curbline.
J. 
Expansion joints shall be provided with filler materials not more than 20 feet apart.
K. 
Transverse surface grooves shall be cut in the walk between expansion joints at intervals equal to the walk width.
L. 
All edges shall be neatly rounded to 1/4 inch.
M. 
The finish shall be made with a wood float, followed by brushing with a wet soft-hair brush to a neat and workmanlike surface.
N. 
Handicap ramps shall be provided at all intersections and other areas of expected pedestrian crossing.
O. 
The walk should be gently graded toward the gutter line with a slope of 2%.
P. 
For any development or developments not involving subdivision or site plan review, the Planning Board or Zoning Board shall have jurisdiction to waive sidewalks. If the requirements pertaining to the installation of sidewalks in a specific area are impractical or exact undue hardship to an applicant due to peculiar or unusual conditions to the land in question, the applicant may apply for a waiver of the requests set forth in this chapter. Public notice shall not be required.
[Added 5-25-2004 by Ord. No. O-19-2004; amended 9-26-2016 by Ord. No. O:25-2016]
A. 
Sight triangles shall be required at all intersections of streets, and streets and driveways, in addition to the required right-of-way width and driveway width. 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 development plan as a sight triangle easement.
B. 
Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles but excluding fire hydrants, street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.
C. 
Sight triangles shall be provided in accordance with the latest edition of AASHTO's "Standard Specification for a Policy on Geometric Design of Highways and Streets" and based on the speed limits established by Township Council.
[Amended 11-12-2002 by Ord. No. O-20-2002]
D. 
Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway, with the driveway classified as a minor road for the purposes of establishing distance.
[Amended 11-12-2002 by Ord. No. O-20-2002]
E. 
The sight triangle requirements of this chapter shall govern where the property to be developed is located on a road under the jurisdiction of the state or county, except where differing requirement is more restrictive.
[Amended 11-12-2002 by Ord. No. O-20-2002]
F. 
Portions of a lot set aside for a sight triangle may be included in the lot area circulation and may be included in establishing the minimum setbacks required by the Code.
G. 
The dedication of a sight triangle easement shall be expressed on the plan as follows: "Sight triangle easement granted to the Township of Monroe for the purposes provided for and expressed in the Township Code."
H. 
If the sight triangle easement is part of the lot adjoining the street, then it shall be the responsibility of the lot owner to maintain this area.
[Amended 8-17-1987 by Ord. No. O-22-87; 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92; 4-28-1997 by Ord. No. O-27-97; 2-8-2000 by Ord. No. O-5-2000; 9-8-2009 by Ord. No. O:26-2009; 5-22-2012 by Ord. No. O:15-2012; 12-10-2013 by Ord. No. O:19-2013]
A. 
Zone district prohibitions. No sign shall be permitted in any district except as specifically permitted herein, with the exception of billboards, which are regulated and defined by § 175-91.2. Changeable copy or electronic message center (EMC) signs are only permitted along 1) the Black Horse Pike corridor from Berlin-Cross Keys Road to the Township boundary with the Borough of Folsom and 2) State Highway Route 322 from the Township boundary with the Borough of Glassboro to its intersection with the Black Horse Pike. In the Pinelands Area, changeable copy or EMC signs along the Black Horse Pike corridor or State Highway Route 322 shall be permitted only in those zones within the Regional Growth Area. Changeable copy or EMC signs shall not be permitted in the RD-C, FD-10 or FD-40 Zones.
[Amended 3-9-2015 by Ord. No. O:15-2015; 6-22-2015 by Ord. No. O:23-2015]
B. 
Signs in residential districts. The following signs are permitted when located on the immediate premises:
(1) 
Home occupation and home professional signs not exceeding two square feet measured on one side; only one such sign is permissible.
(2) 
Signs necessary for the identification, operation and/or protection of a public utility installation or necessary to the public welfare.
(3) 
Real estate signs as more specifically set forth herein.
(4) 
Signs set forth herein as applicable to all districts.
C. 
Signs in nonresidential districts. The following signs are permitted when located on the immediate premises:
(1) 
Signs identifying or advertising a business, activity or product conducted or sold on the premises.
(2) 
One freestanding sign per street frontage is permitted, provided said sign does not exceed an area of 50 square feet on each side, and further provided that the maximum height above grade does not exceed 20 feet with the lowest portion of the sign being at least eight feet above grade. For gasoline service stations, the area of the freestanding sign may be increased by 1/3 for the listing of a product and pricing information and shall not exceed a height above grade of 25 feet.
(3) 
If more than one business or use is located on the lot where said businesses or uses use a common parking facility and/or a common driveway or roadway, the owner shall be permitted to have either one freestanding sign or one multiple occupancy and tenancy (MOT) sign on each street frontage, subject to the freestanding sign area and height restrictions, located at the entrance to the shopping center, industrial park, office complex or parking facility. If an MOT sign is required, the attached signs for the businesses or uses shall be uniform in size, scale and design.
(4) 
In lieu of a freestanding sign, one monument sign may be erected, provided that it is not situated within a sight triangle, and further provided that said monument sign does not exceed an area of 50 square feet nor exceed a height above grade of eight feet.
(5) 
Each principal use shall be entitled to one facade sign for every frontage of the lot on a public right-of-way. For the purpose of this subsection, each leased module of a larger development may be considered a separate use. The size of each sign shall not exceed 10% of the facade area.
(6) 
Directional signs not to exceed two square feet shall be provided as necessary for safety.
(7) 
All signs within a single development shall be compatible in terms of material, lettering style and means of illumination.
D. 
Signs permitted in all districts. The following types of signs shall be permitted in all districts:
(1) 
House numbers, real estate signs, nameplates (fraternity, sorority, apartments and professional) identifying the occupant or address of a parcel of land and signs identifying a building.
(2) 
Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible material.
(3) 
Flags bearing the official design of a nation, state, municipality, educational institution or organization.
(4) 
Traffic, street or other municipal signs.
(5) 
Community special event signs.
(6) 
Theater-hotel marquee, as well as canopy and awning advertising, provided that said advertising is wholly contained within the basic marquee, awning or canopy face.
(7) 
Institutional bulletin boards (for church and community centers, etc.), subject to the area, height and placement regulations for ground-pole or wall signs.
(8) 
Directional signs such as no parking, deliveries, and entrance and exit signs.
E. 
General prohibitions.
(1) 
No outdoor, off-site commercial advertising sign shall be permitted, except that:
(a) 
Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in all Regional Growth Zoning Districts. Such signs shall also be permitted in the RD-C and RD-I Zones, provided that the signs are located on a United States highway within 1,000 feet of a Pinelands Regional Growth Area or Pinelands Town.
(b) 
Signs advertising agricultural commercial establishments shall be permitted, provided that:
[1] 
No more than two signs shall be placed in any one direction along each road directly approaching the establishment.
[2] 
No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.
(2) 
No sign shall be erected or posted on or upon buildings, fences, billboards or other structures unless otherwise permitted herein.
(3) 
No sign shall be erected which creates a nuisance because of its content or use of lewd or lascivious language, which is designed to create a dangerous condition and/or to incite endangering acts on the part of the observer, which is offensive to the observer, and which detracts from the area in which it is placed.
(4) 
Banners, pennants, spinners and streamers, except as a temporary use not to exceed 30 calendar days, are prohibited.
(5) 
Any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including intermittent electrical pulsations or by action of normal wind currents, is prohibited.
(6) 
Any sign or sign structure which is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment, or is not kept in good repair, or is capable of causing electrical shocks to persons likely to come in contact with it is prohibited.
(7) 
Any sign which obstructs the vision of drivers, or obstructs or detracts from the visibility of any traffic signs or traffic control device on public streets and roads by reason of size, location, coloring or illumination of the sign is prohibited.
(8) 
Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exitway is prohibited.
(9) 
Signs which make use of words such as "stop," "look," "danger" or other similar words, phrases, symbols or characters in such a manner as to imply the need or requirement of stopping or the existence of danger are prohibited.
(10) 
Any sign or other advertising structure containing any obscene. indecent or immoral matter is prohibited.
(11) 
Any sign unlawfully installed, erected or maintained is prohibited.
(12) 
Any sign now or hereafter existing which no longer advertises a bona fide business-conducted activity, campaign or service or a product sold is prohibited.
(13) 
Portable signs may be installed on a temporary basis of up to 30 calendar days within any ninety-day period, provided that a permit is obtained, subject, however, that there shall be no permit required for any portable sign maintained on a temporary basis by any nonprofit organization. All portable signs shall be adequately anchored and shall comply with all other sign provisions of this section. No permit shall be reissued for the same location for a temporary sign within one year from the date of any temporary sign permit issued.
(14) 
Any interior or exterior light used in conjunction with commercial business purposes that constitutes a hazard or a nuisance is prohibited.
(15) 
Any sign not in compliance with regulations dealing with interstate standards and specifications is prohibited.
(16) 
Any on-premises projecting sign having over 30% of the total sign area devoted to purposes other than identification is prohibited.
(17) 
No ground-pole sign may extend over the public sidewalk or the public street in any district.
(18) 
No sign will be permitted to be erected unless the back of such structure is shielded from public view from a building or a street by a building, other structure, high planting or by another sign (where permitted) of similar dimensions or unless such back is painted a neutral color or is enclosed in a solid metal backing that is treated or painted for corrosion.
(19) 
In the Pinelands Area, no sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted, with the exception of changeable copy or EMC signs in the Regional Growth Area in accordance with § 175-135G(4).
[Added 3-9-2015 by Ord. No. O:15-2015]
(20) 
In the Pinelands Area, no sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted, with the exception of changeable copy or EMC signs in the Regional Growth Area in accordance with § 175-135G(4).
[Added 3-9-2015 by Ord. No. O:15-2015]
F. 
Sign permit. No sign for any non-profit organization, social club, church, or business, whether commercial or industrial, or for a home occupation or professional shall be erected without first receiving a permit from the Zoning office and paying a fee whether exempt or not to the Construction Code Office.
[Amended 9-26-2016 by Ord. No. O:26-2016]
F1. 
Signs related to any nonprofit organization, social club and church shall state the maximum timeframe on the zoning permit in which the event will take place. All signs shall be removed within seven working days after the event and installed no sooner than 15 working days prior to an event. Council may waive the fee for said permit on a case-by-case basis.
[Added 9-26-2016 by Ord. No. O:26-2016]
G. 
Sign criteria.
(1) 
Attached signs. Attached signs shall be affixed parallel to the wall to which they are attached. The face of the sign shall project no more than 12 inches from the surface of the wall.
(2) 
Height. The uppermost part of an attached sign shall not exceed the base of the second-floor windowsill in a two- or more story structure, nor above the building facade or 35 feet, whichever is lower, on either a one-story structure or a structure without windows. The uppermost part of a freestanding sign shall not exceed 20 feet. The lowest portion of any sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least 17 feet and eight feet, respectively.
(3) 
Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted with beam, beacon or flashing illumination. All signs with exterior lighting shall have the light source shielded from adjoining lots, streets and interior drives. All lights shall be either shielded or have translucent fixtures to reduce off-site effects.
(4) 
Changeable-copy signs.
(a) 
A changeable-copy sign, for the purpose of this article, is a sign with the capability of content change by means of manual or remote input and includes the following types:
[1] 
Manually activated: a changeable sign whose message copy or content can be changed manually on a display surface.
[2] 
Electronically activated: a changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or may be from an external light source designed to reflect off the changeable component display, such as an electronic message center (EMC) sign.
(b) 
An EMC sign, for the purpose of this article, is an electronically activated changeable-copy sign whose variable message and/or graphic presentation capability can be electronically programmed by a computer from a remote location. EMC signs typically use light-emitting diodes (LEDs) as a lighting source.
(c) 
Where permitted, changeable-copy or EMC sign areas shall be in accordance with the standards as noted in said district.
(d) 
A changeable-copy EMC sign may be a portion of the total permitted sign area, not to exceed a maximum of 25 square feet.
(e) 
A changeable-copy or EMC sign shall not be used for any off-site advertising or messages, other than public service information approved by the Township.
(f) 
Changeable-copy or EMC signs, where permitted, shall not obstruct traffic visibility or become a distraction to drivers or a traffic hazard.
(g) 
Specific standards for electronic message center (EMC) signs.
[1] 
All EMC signs shall have automatic dimming controls, via photo cell or software settings, that adjust the light emitted by the sign during ambient low-light conditions and at night so that they are compliant with the sign illumination standards allowed herein.
[2] 
In nonresidential districts, where permitted, EMC signs shall have a minimum display time of eight seconds. These transitions may use fade, dissolve and/or other transition effects, except those listed as prohibited in this article.
[3] 
All illuminated signs must comply with a maximum luminance level of 750 cd/m2 or nits at least 1/2 hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), United States Department of Commerce, for the Township's geographic location and date. All illuminated signs may resume luminance levels appropriate for daylight conditions at the apparent sunrise, as determined by the NOAA.
[4] 
Prior to the issuance of a permit for a changeable-copy or EMC sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above.
[5] 
The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, blinking, twinkling, spinning, rotating, and similar moving effects.
[6] 
All electrical equipment on a newly constructed EMC sign shall be UL listed and labeled.
[7] 
All power to an EMC sign shall be supplied via underground carrier, inside approved conduit, and shall be installed in accordance with the National Electric Code.
[8] 
EMC signs shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign. When malfunctioning, all EMC signs must then be turned off or display a blank screen.
(5) 
Design.
(a) 
Where possible, signs should be combined with light fixtures to reduce unnecessary posts and to illuminate the signs with or without additional lighting.
(b) 
There should be a consistent sign design theme throughout a particular project. This theme should include style of lettering. construction posts, size, lighting, etc.
(6) 
Placement. Signs should not be placed where they may conflict with pedestrian traffic. They should be located so as to avoid conflict with door openings or vehicular operation. Signs should be placed to allow pedestrian clearance, vertically and laterally.
(7) 
Location. Attached signs may be located anywhere that does not conflict with any height, obstruction to vision, and similar regulations of this chapter. Freestanding signs shall be located only in the front yard and shall not be located within the minimum side yard for the principal building; in no event shall a sign be closer than two feet to a street right-of-way. A sign shall not be located in any sight triangle unless it complies with all requirements of § 175-134. Where possible, signs should be gathered together into a unified location or system to avoid sign clutter in the landscape.
(8) 
Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not be allowed to become or fall into disrepair.
(9) 
Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of a premises or a portion thereof shall be, if not attached to the building, set back at least 1/2 the building setback, but need not exceed two feet from all street and property lines. Signs shall not exceed on one side of the sign 12 square feet for residential advertising, nor 35 square feet for commercial and industrial uses and for an area, residential or otherwise, in the process of development. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. Real estate signs do not require a 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 or development which the sign is advertising.
(10) 
Sign area and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and jacketing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used. Street number designations, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as private property, no hunting, 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.
H. 
Temporary signs. Signs advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and/or 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.
I. 
Sign registration and emergency notices.
(1) 
Registration. All changeable-copy or electronic message center (EMC) signs, upon being approved after the date of this amendment,[1] must be registered with the Township Clerk, who shall create a form for that purpose.
(a) 
The purpose of this registration is to provide the Township Office of Emergency Management with a contact person - telephone numbers and e-mails - who can be contacted by the Township if necessary to post notices for such events as amber alerts, cancellation or rescheduling or Township events or other similar purposes.
(b) 
The use of these signs by the Township for the purposes enumerated herein is required wherever it is possible for the sign owner to assist as a public service.
(c) 
Any sign owner who previously had an approval is not required to participate in providing notice under this section; however, it is encouraged that they voluntarily participate under the enumerated conditions.
[1]
Editor's Note: December 10, 2013.
J. 
Pinelands areas. In the Pinelands area of the Township, any existing sign which does not conform to Subsection E(19) and (20) shall be removed immediately. Any existing sign which does not conform to Subsection E(1) shall be removed no later than December 5, 1996.
[Amended 3-9-2015 by Ord. No. O:15-2015]
K. 
Signs for automotive fueling stations, automotive service stations and automotive fueling station convenience stores.
[Added 11-26-2018 by Ord. No. O:34-2018]
(1) 
The following regulations shall apply to freestanding signs:
(a) 
One freestanding sign shall be permitted for each driveway entrances.
(b) 
The maximum area of any freestanding sign shall be 100 square feet.
(c) 
The maximum height of any freestanding signs shall be 20 feet.
(d) 
Freestanding signs shall be set back at least five feet from any property line.
(2) 
The following regulations shall apply to attached signs:
(a) 
One attached sign shall be permitted for each building entrance, provided that there shall be a maximum of two attached signs.
(b) 
The area of any single attached sign shall not exceed 5% of the area of the exterior wall to which it is attached, or one square foot for each linear foot of the wall to which it is attached, whichever results in the smaller sign.
(3) 
The following regulations shall apply to canopy signs:
(a) 
A maximum of two canopy signs shall be permitted.
(b) 
Canopy signs shall only be permitted on canopy sides facing a public street.
(c) 
The width and height of the canopy sign shall not exceed the width and height of the canopy to which it is attached.
(4) 
Additional signage shall be permitted to be located on the fueling dispensers.
L. 
Violations and penalties. Any person, firm, association, partnership, organization or corporation who or which violates or neglects to comply with any section of this chapter or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $500 or imprisonment not to exceed 90 days, or both, for each violation. Each day that the violation exists and the above-named refuses or fails to comply with this chapter shall be considered a separate violation. Upon conviction for a violation of this chapter, each succeeding day thereafter shall be considered a new and separate violation.
[Amended 12-17-1990 by Ord. No. O-29-90]
All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
A. 
No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, P.L. 1975, c. 251, have been satisfied or waived.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
B. 
Development applicants shall submit to the approving authority and Construction Official copies and documentation of the approval and certification of the Soil Erosion and Sediment Control Plan by the Soil Conservation District, or proof of waiver of the same.
C. 
Prior to the release of any performance guaranties, or the issuance of a certificate of occupancy in the case of a site plan, evidence of the acceptance of all soil erosion control measures by the Soil Conservation District must be submitted to the Construction Official and Township Engineer.
[Amended 12-17-1990 by Ord. No. O-29-90]
The excavation and grading for completion of a development shall be done in accordance with the Soil Conservation District approved plan which contains soil erosion and sediment control provisions and in conjunction with all applicable municipal ordinances and permits. Excavation of soil, other than that required for the construction of approved structures and supporting facilities such as, but not limited to, streets, driveways and parking areas, except when resources extraction is authorized under the provisions of § 175-130 of this chapter, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted, but shall be done to minimize or eliminate the erosion of soil. These areas shall be stabilized by seeding and planting.
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
A. 
Such storage shall not be located in any required front yard.
B. 
The travel trailer, camper or small boat shall not exceed 35 feet in length and eight feet in width.
C. 
Only one such travel trailer, camper or small boat shall be permitted to be stored outdoors at any single-family residence.
D. 
Recreational vehicles and motor homes exceeding 35 feet in length may be stored only within the required building setback lines.
E. 
Any such vehicle stored in accordance with this section shall not be occupied and shall not be provided with utility connections other than for the maintenance of such vehicle.
F. 
No travel trailer, camper or boat stored in conformance with this section shall remain in such storage for longer than 12 consecutive months.
[Amended 7-21-1992 by Ord. No. O-27-92]
Automobiles, station wagons, small pickups or panel trucks less than two tons, jeep vehicles, travel-alls and similar types of vehicles used for commercial purposes are permitted in all zones. Trucks and other commercial vehicles not mentioned above shall not be parked or stored in any residential zone, except for vehicles engaged in construction parked or stored on an active construction site.
[Amended 4-16-1986 by Ord. No. 86; 10-3-1988 by Ord. No. O-21-1988; 12-17-1990 by Ord. No. O-29-90; 12-4-2006 by Ord. No. O:53-2006]
A. 
General provisions.
(1) 
Purpose.
(a) 
It is hereby determined that:
[1] 
Land development projects and associated disturbance of vegetation and soil and changes in land cover, including increases in impervious cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes. If inadequately or improperly managed, this stormwater runoff can deplete groundwater resources and increase flooding, stream channel erosion, and sediment transport and deposition.
[2] 
This stormwater runoff from land development projects contributes to increased quantities of waterborne pollutants.
[3] 
Increases of stormwater runoff, soil erosion and nonpoint source pollutants have occurred in the past as a result of land development and contribute to the degradation of the water resources of the Township of Monroe and downstream municipalities.
[4] 
Certain lands of the Township of Monroe lie within the Pinelands Area, and therefore, development in this portion of the Township of Monroe is subject to the requirements of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and the implementing regulations and minimum standards contained in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP). One purpose and intent of these regulations and standards is to promote orderly development of the Pinelands so as to preserve and protect the significant and unique natural, ecological, agricultural, archaeological, historical, scenic, cultural and recreational resources of the Pinelands.
[Amended 4-24-2007 by Ord. No. O:25-2007]
[5] 
Pinelands Area resources are to be protected in accordance with Pinelands Comprehensive Management Plan at N.J.A.C. 7:50 et seq., New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-1.1 et seq., and New Jersey's surface water quality anti-degradation policies contained in the New Jersey Surface Water Quality Standards at N.J.A.C. 7:9B-1.1 et seq. Permitted uses shall maintain the ecological character and quality of the Pinelands, including good water quality and natural rates and volumes of flow.
[6] 
Increased stormwater rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the Pinelands Area have the potential to adversely affect the Township of Monroe's streams and water resources and the streams and water resources of downstream municipalities.
[7] 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.
[8] 
It is in the public interest to regulate the discharge of stormwater runoff from major development projects, as defined in Subsection G of this section, conducted within the Pinelands Area, as provided in this section, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and nonpoint source pollution associated with stormwater runoff.
(b) 
Therefore, it is the purpose of this section to establish minimum stormwater management requirements and controls for major development, consistent with the statewide stormwater requirements at N.J.A.C. 7:8, the regulations and standards contained in the Pinelands CMP, and the provisions of the adopted master plan and land use ordinances of Monroe Township.
(2) 
Goals and techniques.
(a) 
Through this section, the Township of Monroe has established the following goals for stormwater control:
[1] 
To reduce flood damage, including damage to life and property;
[2] 
To minimize any increase in stormwater runoff from new development;
[3] 
To reduce soil erosion from any development or construction project;
[4] 
To assure the adequacy of existing and proposed culverts and bridges, and other in-stream structures;
[5] 
To maintain groundwater recharge;
[6] 
To minimize any increase in nonpoint pollution;
[7] 
To maintain the integrity of stream channels for their biological functions, as well as for drainage;
[8] 
To restore, protect, maintain and enhance the ecological character and quality of the streams and water resources of the Township of Monroe and the ecological character and quality of the Pinelands Area;
[9] 
To minimize pollutants in stormwater runoff from new and existing development in order to restore, protect, enhance and maintain the chemical, physical and biological integrity of the surface and groundwaters of the Township of Monroe, to protect public health and to enhance the domestic, municipal, recreational, industrial and other uses of water; and
[10] 
To protect public safety through the proper design and operation of stormwater management basins.
(b) 
In order to achieve the goals for stormwater control set forth in this section, the Township of Monroe has identified the following management techniques:
[1] 
Implementation of multiple stormwater management best management practices (BMPs) may be necessary to achieve the performance standards for stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality established through this section.
[2] 
Compliance with the stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality standards established through N.J.A.C. 7:8-1.1 et seq., and this section, shall be accomplished to the maximum extent practicable through the use of nonstructural BMPs, before relying on structural BMPs.
[3] 
Nonstructural BMPs shall include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater.
[4] 
Source control plans shall be developed based upon physical site conditions and the origin, nature and the anticipated quantity or amount of potential pollutants.
[5] 
Structural BMPs, where necessary, shall be integrated with nonstructural stormwater management strategies and proper maintenance plans.
[6] 
When using structural BMPs, multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, shall be used wherever possible to achieve the performance standards for water quality, quantity and groundwater recharge established through this section before relying on a single, larger stormwater management measure to achieve these performance standards.
(3) 
Applicability. This section shall apply to:
(a) 
All site plans and subdivisions for major developments that require preliminary or final site plan or subdivision review; and
[Amended 4-24-2007 by Ord. No. O:25-2007]
(b) 
All major development projects undertaken by the Township of Monroe. (Note: This clause is intended to provide consistency with DEP's stormwater management requirements. As per normal practice, all development within the Pinelands Area which is undertaken by a Pinelands Area municipality shall comply with all of the requirements of the CMP.
(4) 
Procedures. In addition to other development review procedures set forth in the Code of the Township of Monroe, major developments located within the Pinelands Area shall comply with the stormwater management requirements and specifications set forth in this section. New agricultural development that meets the definition of major development in Subsection G of this section shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of N.J.A.C. 5.4(b) 7:8.
(5) 
Compatibility with other permit and ordinance requirements.
(a) 
Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable ordinance, code, rule, regulation, statute, act or other provision of law.
(b) 
In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive or stringent provisions or higher standards shall control.
(c) 
In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which the Township of Monroe is a part, the stormwater provisions of such a plan(s) shall be adopted by the Township of Monroe within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP (N.J.A.C. 7:50).
B. 
Site development stormwater plan requirements.
(1) 
Submission of site development stormwater plan.
(a) 
Whenever an applicant seeks municipal approval of a site development that is subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection B(3) below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of the Township of Monroe's land use ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.
(b) 
The applicant shall demonstrate that the site development project meets the standards set forth in this section.
(c) 
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection B(3) of this section.
(2) 
Site development stormwater plan approval. The applicant's site development stormwater plan shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
(3) 
Checklist requirements.
(a) 
Any application for approval of a major development shall include at least the following information. All required engineering plans shall be submitted to the Township of Monroe and the Pinelands Commission in CAD Format 15 or higher, registered and rectified to NJ State Plane Feet NAD 83 or Shape Format NJ State Plan Feet NAD 83, and all other documents shall be submitted in both paper and commonly used electronic file formats such as PDF, word processing, database or spreadsheet files. Three copies of each item shall be submitted. The municipality may choose to revise these criteria for consistency with its own software requirements.
[1] 
Topographic base map. The applicant shall submit a topographic base map of the site which extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown. The Township of Monroe or the Pinelands Commission may require upstream tributary drainage system information as necessary.
[2] 
Environmental site analysis. The applicant shall submit a written description along with the drawings of the natural and human-made features of the site and its environs. This description should include:
[a] 
A discussion of environmentally critical areas, soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual or environmentally sensitive features and to those that provide particular opportunities for or constraints on development; and
[b] 
Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater BMPs, including, at a minimum, a soils report based on on-site soil tests; locations and spot elevations in plan view of test pits and permeability tests; permeability test data and calculations; and any other required soil data (e.g., mounding analyses results) correlated with location and elevation of each test site; cross-section of proposed stormwater BMP with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and any other information necessary to demonstrate the suitability of the specific proposed structural and nonstructural stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.
[3] 
Project description and site plan(s). The applicant shall submit a map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
[4] 
Land use planning and source control plan.
[a] 
The applicant shall submit a detailed land use planning and source control plan which provides a description of how the site will be developed to meet the erosion control, groundwater recharge and stormwater runoff quantity and quality standards at Subsection D through use of nonstructural or low-impact development techniques and source controls to the maximum extent practicable before relying on structural BMPs. The land use planning and source control plan shall include a detailed narrative and associated illustrative maps and/or plans that specifically address how each of the following nine nonstructural strategies identified in Subchapter 5 of the NJDEP Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth below Subsection B(3)(a)[4][i] through [ix] will be implemented to the maximum extent practicable to meet the standards at Subsection D of this section on the site. If one or more of the nine nonstructural strategies will not be implemented on the site, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practicable on the site.
[i] 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
[ii] 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
[iii] 
Maximize the protection of natural drainage features and vegetation;
[iv] 
Minimize the decrease in the predevelopment "time of concentration";
[v] 
Minimize land disturbance including clearing and grading;
[vi] 
Minimize soil compaction and all other soil disturbance;
[vii] 
Provide low-maintenance landscaping that provides for the retention and planting of native plants and minimizes the use of lawns, fertilizers and pesticides within the entire Township; and specifically within the Pinelands Areas of the Township, this shall be in accordance with N.J.A.C. 7:50-6.24.
[Amended 4-24-2007 by Ord. No. O:25-2007]
[viii] 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and
[ix] 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls shall include, but are not limited to:
[A] 
Site design features that help to prevent accumulation of trash and debris in drainage systems;
[B] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[C] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[D] 
Applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules, when establishing vegetation after land disturbance.
[b] 
For sites where stormwater will be generated from high pollutant loading areas or where stormwater will be exposed to source material, as defined in Subsection G of this section, the applicant shall also demonstrate in the land use planning and source control plan that the requirements of Subsection D have been met.
[c] 
The use of nonstructural strategies to meet the performance standards in Subsection D of this section is not required for development sites creating less than one acre of disturbance. However, each application for major development within the Pinelands Areas of the Township shall contain a landscaping or revegetation plan in accordance with the Pinelands CMP standards at N.J.A.C. 7:50-6.24(c). In addition, the applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Monroe Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval, in all areas of the Township.
[Amended 4-24-2007 by Ord. No. O:25-2007]
[5] 
Stormwater management facilities map. The applicant shall submit a map, at the same scale as the typographic base map, depicting the following information:
[a] 
The total area to be disturbed, paved and/or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to manage and dispose of stormwater; and
[b] 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention (if applicable) and emergency spillway provisions with maximum discharge capacity of each spillway.