[Amended 8-12-2020 by Ord. No. 673]
Any accessory building, including porches and
decks attached to, or within four feet of, a principal building, shall
be considered part of the principal building for purposes of determining
lot coverage and setback requirements, and the total structure shall
adhere to the yard requirements for the principal building regardless
of the technique of connecting the principal and accessory buildings.
For purposes of this chapter, accessory buildings include but are
not limited to garages, sheds, pet shelters, tree houses, gazebos
and carports.
A. General regulations.
(1) Under no circumstances shall any accessory building
be used for human habitation or the raising or housing of livestock,
poultry, or other living creatures not customarily regarded as household
pets.
(2) All accessory buildings must be made of wood, aluminum
or other material similar in quality, appearance and color to that
of the quality, appearance and color to that of the main building,
and must be maintained so that the shed is structurally sound.
(3) Historic district requirements may apply to any accessory
building if located within the Historic District.
B. Sheds.
(1) For purposes of this section, sheds shall include,
but not be limited to, toolsheds, woodsheds, playhouses, hobby greenhouses,
garden sheds, domestic pet shelters, or any similar type of structure.
(2) Any shed, except pet shelters, whether affixed to a permanent foundation or not, shall not exceed 12 feet high and shall not exceed the maximum square footages set forth in Subsection
B(7) below.
(3) Pet shelters shall not exceed four feet by four feet
by four feet high.
(4) All
sheds shall be located in the rear or side yards only and shall not
be located nearer than three feet to the rear yard line or side yard
line.
(5) For
lakefront lots, sheds may be located in the side yard, provided that
they are not within three feet of any adjoining property line or within
10 feet of any street nor within 25 feet of the lake embankment.
(6) For
corner lots, all sheds shall be located in the side yard only and
shall not be within 25 feet of a street line or within three feet
of a side yard line.
(7) There
shall be no more than two sheds per lot. The total cumulative square
footage of two sheds shall be a maximum of 240 square feet. The total
square footage of a single shed shall be a maximum of 168 square feet.
C. Detached
garages and detached carports.
(1) Detached
garages and detached carports shall abide by the same setback requirements
of the principal building.
(2) All
detached carports shall be permanent structures. Tarpaulin or canvas-type
covered carports are not permitted.
(3) Detached
carports may be open on all sides.
(4) The
combined dimensions of detached garages and detached carports shall
not exceed a total of 24 feet by 24 feet or 576 square feet.
(5) The
height of a detached garage or detached carport shall not exceed 22
feet or the height of the existing principal building, whichever is
less. Height measurements on each structure shall be measured to the
peak.
D. Tree houses.
(1) Tree
houses may be no greater than 100 square feet, including deck area.
(2) Tree
houses may be more than 12 feet in height, but the peak of the roofline
may not be more than 15 feet in height off the ground and the floor
may not be more than eight feet in height off the ground.
(3) Tree
houses may not be supported by the ground.
(4) Tree
houses are not permitted in the front yard and must be set back from
the rear or side property line by at least the height of the tree
house. Height measurements on tree houses shall be measured to the
peak.
E. Permits.
(1) No
accessory building or shed shall hereafter be erected, re-erected,
constructed, or altered except as provided in this chapter and after
a permit for the same has been issued by the Borough Zoning and Construction
Official as required by law.
(2) Plans
and detailed information shall be submitted with each application
for an accessory building or shed, setting forth dimensions, materials
used in construction and the exact location on the premises where
applicable. All plans must comply with the Borough Building Codes.
(3) The
fee for an accessory building or shed permit shall be the same fee
as a zoning application fee and, if applicable, a building permit.
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.
A. All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq.
B. Applications for the following developments shall
ensure that all state ambient air quality standards in N.J.A.C. 7:27
et seq. for carbon monoxide shall not be exceeded at places of maximum
concentration and at sensitive receptors:
(1) Residential development of 50 or more units and any
other development involving more than 100 parking spaces located in
the LR, LC, LI, LQP, or LEC Zones; and
(2) Residential development of 100 or more units and any
other development involving more than 300 parking spaces located in
the LSR Zone.
Requirements set forth in N.J.A.C. 5:23-7.100
et seq. and any amendments thereto and the Americans with Disabilities
Act shall be met.
The purpose of this section is to establish
the lot coverage of the setback lines for, and the general requirements
for decks.
A. General requirements.
(1) Decks are a roofless open floorboard structure as
defined.
(2) Decks shall have guardrails in accordance with the
requirements of the BOCA National Building Code.
(3) Decks shall comply with the wetlands protection standards
established in this chapter.
(4) Decks shall have two categories:
(a)
Structural.
[1]
Structural decks are decks with a floorboard
height greater than 24 inches as measured at the point of lowest elevation.
[2]
Structural decks shall be attached to the principal
building on the lot, and structural decks shall comply with the height
limitations and yard requirements established for principal buildings
in the Lakes Residential Zone.
[3]
The setback requirements for structural decks
shall be the same as the setback requirements established for principal
buildings in the Lakes Residential Zone.
(b)
Landscape.
[1]
Landscape decks are decks with a floorboard
height 24 inches or less as measured at the point of greatest elevation.
[2]
Landscape decks may be, but do not necessarily
have to be, attached to or immediately adjacent to the principle building
on the lot.
[3]
Landscape decks shall have a minimum opening
between floorboards equal to 5% of the standard board width to allow
for percolation; for example: 1/4 inch when using six-inch boards.
[4]
The setback for landscape decks in the front
yard shall be 25 feet from the front property line and 15 feet from
all other property lines.
[5]
The setback for landscape decks in the side
yard shall be 15 feet from the side yard property line.
[6]
The setback for landscape decks in the rear
yard shall be 10 feet from the rear property line and 15 feet from
all other property lines.
[7]
The setback for landscape decks on a lot with
lake frontage shall be the waterline for that edge of the deck abutting
the waterline. The setbacks for the remaining deck edges shall be,
as applicable, 25 feet from the front property line, 10 feet from
the rear property line, and 15 feet from all other property lines.
(5) The maximum lot coverage shall be 32% including principal
building, deck, and pool.
(6) There shall be no more than two decks on any one building
lot, and the aggregate lot coverage shall be as prescribed in this
chapter.
B. Permits. No deck shall hereafter be constructed, erected,
or re-erected except as provided for in this chapter and only after
a permit for the deck has been issued by the Borough Construction
Official.
[Added 11-9-2023 by Ord. No. 690]
A. Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of electric vehicle supply/service equipment (EVSE) and make-ready
parking spaces through municipal parking regulations and other standards.
EVSE and make-ready parking spaces will support the state's transition
to an electric transportation sector, reducing automobile air pollution,
greenhouse gas emissions, and stormwater runoff contaminants. The
goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
(1)
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
(2)
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
(3)
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR EVSE
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct-current fast chargers. Make-ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.)
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C. Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2)
EVSE and make-ready parking spaces installed pursuant to Subsection
D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection
C(1) above.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Official shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Medford Lake's land
use regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations; and
(d)
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6)
An application pursuant to Subsection
C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(d)
In the Pinelands Area, an application pursuant to Subsection
C(5) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of §
145-23B(7) of the Code of Medford Lakes Borough.
(7)
Upon deeming an application complete pursuant to Subsection
C(6), above, the Zoning Officer shall issue a zoning permit in accordance with §
145-18 of the Code of Medford Lakes Borough, and the following:
(a)
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of §§
145-26 and
145-27 have been met, unless the proposed development meets the criteria of §
145-23B(7) of the Code of Medford Lakes Borough.
(8)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(9)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D. Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection
D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
E. Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to §
145-131.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(4)
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection
D above may be encouraged but shall not be required in development projects.
F. Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space, or any electric vehicle parked and not connected to the EVSE, shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code at §
1-15. Signage indicating the penalties for violations shall comply with Subsection
F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection
F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Borough of Medford Lake's ordinances
and regulations.
(c)
Adequate EVSE protection, such as concrete-filled steel bollards,
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection
F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Medford Lakes shall require the owners/designee of
publicly accessible EVSE to provide information on the EVSE's geographic
location, date of installation, equipment type and model, and owner
contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection
F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1] Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] Usage fees and parking fees, if applicable; and
[3] Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, if the Borough creates any public EVSE spaces, the fee to charge
and use EVSE parking spaces within the municipality identified as
EVSE spaces shall be set by separate resolution.
(b)
This fee may be amended by a resolution adopted by the governing
body from time to time.
(c)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Amended 9-12-2012 by Ord. No. 597]
A. Purpose. Accessory home occupations are activities accessory to uses
defined as residential. They have special regulations that apply to
ensure that home occupations will not be a detriment to the character
and livability of the surrounding neighborhood. The regulations further
ensure that accessory home occupation remains subordinate to the residential
use and that the residential viability of the dwelling is maintained.
The regulations recognize that many types of occupations can be performed
in a home with little or no impact on the surrounding neighborhood.
B. Conditions.
(1) Allowed uses. Permitted home occupations shall be limited to the
office of a recognized professional occupation or service occupation.
(2) Prohibited uses. Prohibited uses shall include but not be limited
to those activities which include the repair or assembly of vehicles
or mechanical equipment or any other work related to hazardous material
of any sort.
(3) Accessory home occupations may not serve as a headquarters or dispatch
center where employees of said occupation report to the residential
site and are then dispatched to outside locations.
(4) Accessory home occupations shall not be permitted in any residence
which maintains a preexisting and/or approved accessory dwelling unit.
(5) The sale of goods is prohibited in an accessory home occupation.
(6) The exterior display of goods related to the accessory home occupation
is prohibited.
(7) The exterior appearance of a dwelling cannot be altered to promote
the home occupation and make the dwelling appear less residential
in nature.
(8) No more than one home occupation is permitted within a single-family
residence.
(9) Customers or clients of accessory home occupations shall be limited
to one customer account being present at a time, and all Borough parking
regulations must be complied with and observed.
(10)
All activities associated with the accessory home occupation
must be conducted in a completely enclosed structure.
(11)
The accessory home occupation shall not create any external
physical effects such as noise, smoke, odor, vibration, electromagnetic
interference, electrical fluctuations or similar impacts.
(12)
No more than 15% of the total floor area of the dwelling (including
basements and garages) may be used in connection with any accessory
home occupation.
(13)
Deliveries of goods by large commercial semi-trucks will be
prohibited; however, deliveries of parcels and small packages by delivery
vans is permissible.
(14)
The work area shall be located in the principal dwelling in
which the person owning the home occupation is a bona fide resident
of that property.
(15)
The home occupation may not employ more than one person who
is not a permanent resident of the dwelling.
C. Permits.
(1) Zoning permits for accessory home occupations must be obtained annually
through the Zoning Department to ensure the following:
(a)
The applicant/owner is aware of the accessory use regulations
and restrictions.
(b)
The Borough has all of the information necessary to evaluate
whether the proposed home occupation initially meets and/or continues
to meet the regulations established herein and/or any condition of
any prior permit.
(c)
The Borough can document all approved and permitted accessory
home occupations.
(2) Procedure.
(a)
All permits shall be issued on an annual basis and be valid
for one year from the date of issuance.
(b)
Applicants/owners must file an initial application and obtain
the required zoning permit prior to the commencement of any home occupation.
(c)
Applicants/owners must file for renewal of the annual permit
not less than 30 days prior to expiration of any existing zoning permit.
(d)
A floor plan depicting the entire floor area of the dwelling
and specifying those areas to be dedicated to the accessory home occupation
use shall be submitted along with a permit application to ensure that
the proposed use meets all minimum building codes and the use regulations and restrictions as set forth
herein.
The following point and nonpoint sources may
be permitted in the Pinelands:
A. Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources otherwise permitted in N.J.A.C. 7:50-5, except those specifically regulated in Subsections
B through
F below, provided that:
(1) There will be no direct discharge into any surface
water body;
(2) All discharges from the facility or use are of a quality
and quantity such that groundwater exiting from the parcel of land
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen;
(3) All public wastewater treatment facilities are designed
to accept and treat septage; and
(4) All storage facilities, including ponds, or lagoons,
are lined to prevent leakage into groundwater.
B. Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection
A(2) above, provided that:
(1) There will be no direct discharge into any surface
water body;
(2) The facility is designed only to accommodate wastewater
from existing residential, commercial and industrial development;
(3) Adherence to Subsection
A(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(4) The design level of nitrate/nitrogen attenuation is
the maximum possible within the cost limitations imposed by such user
fee guidelines but in no case shall groundwater exiting from the parcel
or entering a surface body of water exceed five parts per million
nitrate/nitrogen.
C. Improvements to existing commercial, industrial, and
wastewater treatment facilities which discharge directly into surface
waters, provided that:
(1) There is no practical alternative available that would
adhere to the standards of N.J.A.C. 7:50-6.84(a)1i.
(2) There is no increase in the existing approved capacity
of the facility; and
(3) All discharges from the facility into surface waters
are such that the nitrate/nitrogen levels of the surface waters at
the discharge point do not exceed two parts per million. In the event
that nitrate/nitrogen levels in the surface waters immediately upstream
of the discharge point exceed two parts per million, the discharge
shall not exceed two parts per million nitrate/nitrogen.
D. Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater, provided that the following standards are met:
(1) The proposed development to be served by the system
is otherwise permitted pursuant to N.J.A.C. 7:50-4 and 7:50-5;
(2) The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December 1993, as amended, incorporated herein by reference as subchapter Appendix A, subject to the provisions of Subsection
D(3) below. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.30 or 7:50-5.47;
(3) Only contiguous land located within the same municipal
zoning district and Pinelands management area as the proposed septic
wastewater treatment system or systems may be utilized for septic
dilution purposes, except for the development of an individual single-family
dwelling on a lot existing as of January 14, 1981, nonresidential
development of a lot of five acres or less existing as of January
14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(4) The depth to seasonal high-water table is at least
five feet;
(5) Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(6) The system will be maintained and inspected in accordance
with the requirements of N.J.A.C. 7:50-6.85;
(7) The technology has been approved for use by the New
Jersey Department of Environmental Protection; and
(8) Flow values for nonresidential development shall be
determined based on the values contained in N.J.A.C. 7:9A-7.4, as
amended, except that number of employees may not be utilized in calculating
flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does
not provide flow values for a specific use, but a flow value is assigned
for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in
N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
E. Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
[Amended 12-13-2018 by Ord. No. 657]
(1) The standards set forth in Subsection
D(1) and
(3) through
(8) above are met.
(2) If the proposed development is nonresidential and is located in the
Pinelands Rural Development Area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met.
(3) The design of the system and its discharge point, and the size of
the entire contiguous parcel on which the system or systems are located,
will ensure that groundwater exiting from the entire contiguous parcel
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen calculated pursuant to the Pinelands dilution
model dated December 1993, as amended (Appendix A), subject to the provisions of Subsection
D(3) above and based on the assumptions and requirements of N.J.A.C. 7:50-6.84(a)5iv. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to N.J.A.C. 7:50-5.30 or 7:50-5.47.
F. See also N.J.A.C. 7:50-6.84 to 6.90.
In order to provide for the safety and general
welfare of the public, all subdivisions which will result in five
or more dwelling units shall set aside areas for off-street recreation
and/or play areas. The requirements for recreation and open space
shall be approved by the Planning Board and be dependant upon the
type and number of residential units proposed in a development. In
lieu thereof and prior to preliminary approval, the Board may require
the developer to contribute to the Borough for the purpose of recreation,
a cash sum or other appropriate gift in an amount equal to the fair
market value of the area of land and recreational improvements that
would otherwise have been required. Required recreational facilities
shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1-3.
[Amended 3-22-2023 by Ord. No. 693]
Surface water runoff resulting from any development permitted under this chapter shall comply with the requirements of Chapter
204.
No soil or topsoil shall be removed from sites
unless approval from the Borough is obtained. No approval shall be
granted unless a soil erosion and sediment control plan has been approved
by the Soil Conservation District for the site plan and the disposal
area. A construction haul route shall also be submitted to the Borough
for approval prior to commencement of excavation. Topsoil stockpiled
during construction shall be redistributed to provide at least six
inches of cover to all areas of the subdivision or site plan and shall
be stabilized by seeding or sodding. Copies of the soil erosion and
sediment control plan shall be submitted with the preliminary subdivision
or site plan together with calculations of quantities of soil or topsoil
to be removed.
No residential dwelling unit or nonresidential
use shall be located on a lot of less than one parcel unless served
by a centralized wastewater treatment plant. Notwithstanding this
requirement, an application for residential development not served
by a centralized wastewater treatment plant on a lot between 20,000
square feet and one acre in size within the Lakes Residential District
may be considered without the necessity for a municipal lot size or
density variance, provided a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 12-21-2011 by Ord. No. 592]
No more than one principal use shall be located
on one lot, except for forestry, agriculture, horticulture, fish and
wildlife management, wetlands management, and recreational development
on agricultural lands.
[Added 6-9-2021 by Ord. No. 678]
A. All
uses not expressly permitted in this Part 1 are prohibited.
B. All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services, as said terms are defined in Section 3 of P.L.
2021, c. 16, are specifically prohibited. However, the delivery of
cannabis items and related supplies by a delivery service shall be
permitted, as required by state law.