Township of Pittsgrove, NJ Article XI Specific Use Standards and Regulations

§ 60-84 Accessory apartments for affordable housing planning goals.

[Amended 5-11-2016 by Ord. No. 5-2016]

A. Purpose. It is the purpose of this section to provide an opportunity for the creation of accessory apartments within residential districts of the Township sufficient to meet the Township's allocation of affordable housing as set forth in the Housing Plan of the adopted Township Master Plan. It is further intended that the owner-occupant of a dwelling in a residentially zoned property may apply to provide one or more such accessory apartments in said dwelling, which shall be rented according to the provisions of the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-36.1 et seq.), and as administered by the appropriate housing officer of the Township of Pittsgrove. The total number of accessory apartments to be permitted shall be equal to the number set forth in the most recently adopted housing element of the adopted Master Plan. Once said number of units is provided, no further permits will be issued for such accessory apartments. All such accessory apartments created or constructed in accordance with the provisions of this section shall be strictly limited to low- and moderate-income households as dictated by the above noted Substantive Rules of the New Jersey Council on Affordable Housing.

B. Administrative requirements. All persons wishing to provide an accessory apartment in accordance with the provisions of this section shall be subject to the requirements set forth in N.J.A.C. 5:93 and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-36.1 et seq.) as amended, and shall be required to be affirmatively marketed.

C. Design criteria. An owner of an existing dwelling unit of three bedrooms or more which is in conformity with the regulations of the zoning district in which it is located or an owner of land on which he/she proposes to construct a dwelling unit within a zoning district in which accessory apartments are permitted as indicated on the Schedule of District Regulations, [1]may apply for a permit to convert, locate as a separate dwelling unit, and/or to add new construction onto said existing dwelling or proposed new dwelling in accordance with the following criteria:

(1) One accessory apartment may be created for any lot with an existing single-family detached dwelling as stipulated in the Schedule of District Regulations. The Planning Board shall determine that the lot on which said accessory apartment is proposed is sufficient in size to handle on-site septic disposal and water supply for the existing dwelling and the proposed accessory apartment. Since public sanitary sewer and/or potable water supply systems are not available to or anticipated to become available in the Township, the Planning Board shall require satisfactory testing and design of the proposed on-site provision of such facilities in connection with the creation of an accessory apartment. On lots with areas of 1.5 acres or less, the accessory apartment must be constructed within the footprint of the existing principal or an accessory structure. On lots greater than 1.5 acres, the accessory apartment may comprise an expanded building footprint.

(2) Each dwelling unit resulting from a conversion shall contain at least two rooms in addition to a bathroom and kitchen and shall encompass 600 square feet of floor area. At least one dwelling unit shall have a minimum of 850 square feet of habitable floor area, and all additional dwelling units shall have minimum habitable floor areas of at least 600 square feet for a one-bedroom unit. No efficiency units shall be permitted. The Planning Board may permit a greater or lesser amount of habitable floor area where, in its reasonable opinion, such is warranted by the specific circumstances of the particular building.

(3) There shall be only one external entrance that faces any given street and that is separate from any other external entrance to any dwelling on the same lot facing the same street, but this restriction shall not apply to two or more entrances in existence at the time of passage of this chapter.

(4) Whenever a conversion and/or new construction is proposed for an accessory apartment, such conversion and/or construction shall be designed and achieved using materials, colors and details intended to blend and harmonize the new construction with the existing exterior architectural design of the original dwelling unit. The present existing exterior architectural design of the original dwelling shall be maintained to preserve the residential character of the neighborhood.

(5) Each dwelling unit resulting from a conversion or new construction shall provide parking spaces as provided in § 60-80. All parking areas shall be located in the side or rear yard areas wherever possible and shall be convenient for the dwelling unit they are to serve. The Planning Board may require suitable improved pedestrian ways including sidewalks to provide access to such parking areas where necessary due to distance.

(6) Each room resulting from a conversion shall be of reasonable size for the use intended and shall have adequate light and air from the outside which complies with the Uniform Construction Code and/or any local housing regulations. In addition, any dwelling unit resulting from a conversion shall have safe, adequate and convenient means of access and egress as required by the Uniform Construction Code, Fire Subcode, Fire Safety Subcode or other applicable regulations.

(7) All accessory apartments shall submit plans and appropriate required approvals for the provision of sanitary sewer and potable water supply as part of their application for a conditional use permit. Where approved by the appropriate health or environmental regulatory agencies, provision of on-site septic disposal may be accomplished by separate or shared systems.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

D. The Planning Board may also permit the conversion of and/or new construction to create an accessory apartment in an existing accessory building to an existing or proposed dwelling unit in a zoning district which permits accessory apartments as set forth in the Schedule of District Regulations. In such case, all the same requirements as stipulated in Subsection C above that are relevant shall apply to the creation of such accessory apartment in an accessory building.

E. The granting of a conditional use permit for an accessory apartment shall be conditioned upon the owner of the property and structure wherein said apartment is to be located or added onto, entering into an agreement with the Township of Pittsgrove binding the owner and his/her successors or assignees to fulfilling all requirements for said accessory apartment to meet the affordable housing requirements noted in § 60-84A and C.

F. Subject to the same requirements as set forth in Subsections A through E above, the Planning Board may permit the owner-occupant of a existing dwelling unit in a B-1 Neighborhood Business Zoning District to convert or construct, partially or whole, an accessory apartment.

G. The applicant for an accessory apartment conditional use permit may apply to the Township for monies to construct or locate such dwelling unit subject to all terms and conditions set forth for such grants. The Township shall provide a subsidy to the owner of each accessory apartment of $19,000 for a moderate income unit and $24,000 for a low income unit.

§ 60-85 Agricultural employee housing.

Agricultural employee housing shall meet the following standards in addition to the other provisions of this chapter:

A. Commercial contract labor camps are not considered to be "agricultural employee housing" under the provisions of this chapter.

B. Occupancy of such housing facilities shall be limited to seasonal or temporary agricultural employees of the farm on which the housing facilities are located and their dependents and shall not be permitted during the month of January.

C. All agricultural employee housing facilities shall be located not less than 100 feet from any street line, not less than 300 feet from any adjoining property line, not less than 500 feet from any residential dwelling located on an adjacent property and not more than 2,000 feet from the lot's principal dwelling.

D. Agricultural employee housing facilities shall comply with all applicable regulations of the State of New Jersey, the U.S. Occupational Safety and Health Administration and any other governmental agency having competent jurisdiction.

E. All said facilities shall be maintained in good structural and mechanical condition. Whenever a structure is deemed to be structurally unsafe or dilapidated, the Zoning Officer shall order the owner, in writing, to remove or repair the structure. The owner shall comply with the order within 30 days or be subject to the penalties stipulated in this chapter.

F. Site plan review and approval is required for agricultural employee housing regardless of any agricultural exemption stipulated herein this chapter. As part of site plan review, the Land Use Board shall determine or require that adequate off-street parking for said facilities is provided and that access to said facilities is provided over properly designed and maintained driveways or farm roads.

§ 60-86 (Reserved)

§ 60-87 Farming business.

Within the A Agriculture Zoning District, an active, ongoing farming operation may establish a business which is directly related to said farming operation and utilizes the lands, structures or equipment of said farming operation. Said farming businesses shall only be permitted in accordance with the following conditions:

A. Only currently active farming operations and only so long as they remain active, may such operations establish and continue to conduct a farming business or businesses.

B. For purposes of this section, a "farm business" shall be defined as:

(1) Facilities for food processing, wholesaling, retailing, warehousing and/or distribution of vegetables or fruits provided that not less than 10% of the vegetable and/or fruit involved is grown the farm wherein the said farm business is located.

(2) Additional uses.

(a) The additional utilization of existing farm structures, motor vehicles or equipment for:

[1] Repair of farm equipment;

[2] Transport of animals, plant material or minerals, not produced or mined on the farm involved;

[3] A landscaping business;

[4] Snow removal or road repair operations; or

[5] A similar use directly related to an ongoing farming operation.

(b) In the case of Subsection B(2)(b) and (d) herein, the activity shall not involve more than two vehicles per each 50 acres of land which is part of the farm upon which said farm business activity is located.

(3) It is expressly understood that the storage and land application of sludge is not deemed to be a farm business within this definition.

C. The site plan for a farm business shall be limited to that portion of the farm directly involved in said business including any access drives or storage areas.

D. There shall be maintained around a farm business a minimum three-hundred-foot buffer from all side and rear property lines. Said buffer may be increased in size when deemed necessary by the Land Use Board in order to shield adjoining properties from nuisances or unsightly views, for example, the outdoor storage of material or vehicles. Said buffer area shall be suitably landscaped and/or screened based upon an approved landscaping plan which shall be part of the site plan review and approval.

E. The farm business shall only continue so long as the farming of the property involved continues. In the event that the farming ceases on the parcel where a farm business is located, the farm business shall cease unless and until the owner applies for a zoning permit, which permit shall not be issued until approval of any variance required by the provisions of this chapter. The farm business shall also be required to submit or resubmit a site plan for review and approval prior to the issuance of the zoning permit.

§ 60-88 Gasoline service stations and/or repair garages or car washes.

Gasoline stations and/or repair garages, including facilities or structures used for the painting of motor vehicles, and car washes may be established when they meet the following conditions:

A. In addition to site plan details required by §§ 60-17 and 60-38, the site plan submitted in connection with an application for a gasoline station and/or repair garage or car wash shall also include:

(1) The number and location of all fuel tanks and pumps;

(2) The dimensions and capacity of each storage tank;

(3) The depth the tanks will be buried below ground level and the number of dispensers to be installed;

(4) The location and use of all structures, whether principal or accessory, to be constructed on site;

(5) The location and maximum number of automobiles or motor vehicles in need of service which are to be garaged or parked on the premises at one time;

(6) The design details with regard to any canopy including proposed lighting and any use of a portion of said canopy as a sign, which if so proposed, shall comply with the provisions of § 60-82. A detailed elevation drawing of the canopy with dimensions including sign area, design and locations shall be provided;

(7) Design details for any proposed canopy structure to be located over the motor fuel dispensing areas of the gasoline service station;

(8) The actual floor space area and/or ground area to be devoted to or used for motor vehicle storage, or parking on the premises; and

(9) The location of any church, hospital, nursing home or assisted-living facility, theater, library, public playground, athletic field, public or private school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers within 1,000 feet of the proposed structure or use.

B. It is intended that gasoline stations or repair garages be designed compatibly with other permitted commercial and industrial uses in the zone district in which they are proposed to be located, that they not be stripped along the available highway frontage or as more than two quadrants of any intersection, and that they be included within shopping centers and industrial parks as an integral part of the overall design. Ingress and egress shall be designed to recognize turning movements generated. These access points shall be coordinated with the access points required for adjacent or nearby uses and the frequency of intersecting side streets.

(1) No public garage or service station shall be within 200 feet of an existing garage or service station.

(2) The measurements contained herein shall be made between the two nearest points of the building structures and not between lot lines; provided, however, that the measurements between the public garage or gasoline service station shall be made between the nearest point of the structure and the nearest lot line of any athletic field or public playground. The term "structure" as used herein shall include accessory structures, such as dispensers, and measurements contained herein shall be made between uses on the same or opposite side of the street.

C. No motor vehicle gasoline station or repair garage shall be located within 400 feet of the entrance to a church, hospital, nursing home or assisted-living facility, theater, library, public playground, athletic field, public or private school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers. Such distances shall be measured in a straight line from the property line of the referenced structures, areas or facilities to the station or garage lot line nearest said structure, area or facility along the street line.

(1) No public garage or gasoline service station shall be located within 400 feet of any church, hospital, theater, library, public playground, athletic field, public or private school, firehouse, municipal building or any public or other building in which the public gathers.

(2) No public garage or gasoline service station shall be within 200 feet of an existing garage or gasoline service station.

(3) The measurements contained herein shall be made between the two nearest points of the building structures and not between the lot lines; provided, however, that the measurements between the public garage or gasoline service station shall be made between the nearest point of the structure and the nearest lot line of any athletic field or public playground. The term "structure" as used herein shall include accessory structures, such as dispensers, and measurements contained herein shall be made between uses on the same or opposite side of the street.

D. Any part of a property or site to be used for the repair of vehicles, dispensing of fluids, prolonged motor vehicle idling, or the painting of vehicles shall not be located in any floodplain or within 100 feet thereof or of a residence, church, school, library, eating establishment or health-care facility unless undertaken entirely within an enclosed, ventilated with a filtered system, and sound-proof structure.

E. Design standards.

(1) All gasoline service stations having no more than three dispensing pumps shall have a minimum frontage of 150 feet. There shall be an 25 feet of frontage provided for every three additional pumps or fraction thereof.

(2) All fuel pumps shall be located at least 35 feet from any property line. All fuel tanks shall be installed underground and shall be located at least 35 feet from any property line. A minimum space of 25 feet shall exist between any two pumping islands and any structures.

(3) All gasoline pumps or canopies shall be located not less than 35 feet from any street, limited access road or property lines.

(4) All fuel tanks shall be installed underground and shall be located at least 35 feet from any street or property lines. A minimum space of 25 feet shall exist between any two pumping islands and between any islands and any structure.

(5) All storage areas shall be suitably screened and landscaped in accordance with the site plan review requirements, and no vehicles shall be stored on site which are not awaiting repair work within a reasonable period of time. Facilities for trash disposal shall be provided and, where necessary, screened. No junked automobiles or parts thereof and no unregistered motor vehicles shall be permitted outside an enclosed building. In the case of repair garages which are part of or established in conjunction with the sale of motor vehicles and/or the sale or repair of farm equipment or machines, recreational vehicles or boats, new or used unregistered boats or vehicles may be stored outside a structure on designated sales and display areas.

(6) As a minimum, screening and landscaping as required in §§ 60-42E and BB shall be required along any property line adjoining a residentially zoned or used property. The Land Use Board may require additional buffering, landscaping and other protective measures as necessary to protect surrounding properties from the effect of light glare, noise, air pollution or fumes, or other nuisances generated the gasoline station or repair garage pursuant to § 60-42N.

(7) Any part of the site proposed for a gasoline or service station or repair garage subject to access by motor vehicles shall be paved or provided with a dustless, hard surface. Canopy structures over motor fuel dispensing areas shall not exceed the height requirements of the zoning district in which they are located.

(8) No vehicles shall be stored on site which are not awaiting repair work. Facilities for trash disposal shall be provided and, where necessary, screened. No junked automobiles or parts thereof and no unregistered motor vehicles shall be permitted outside an enclosed building. In the case of repair garages which are part of or established in conjunction with the sale of motor vehicles and the sale or repair of farm equipment or machines, unregistered vehicles may be stored outside a structure on designated sales areas.

(9) Except in the case of farm equipment machinery, recreational vehicles or boats, all work on vehicles involving body repairs, removal of engines or transmission or painting shall be performed in an enclosed structure with a ventilated and filtered air system to prevent fumes from escaping in such a way as to be hazardous or a nuisance to adjoining properties.

(10) Accessory goods for sale may be displayed in a principal building and on the pump island(s). All other exterior displays and parking of equipment for rent or sale shall be permitted provided that the area devoted to the purpose is in addition to the minimum lot size required for a gasoline or service station or repair garage, the area devoted to this purpose does not exceed 20% of the total area of the entire site, the maximum sign area for the station or garage is not exceeded, and the location of the equipment being rented or offered for sale does not interfere with the required off-street parking requirements for the service station or garage and does not interfere with the on-site traffic circulation indicated on the approved site plan. The storage of vehicles not in operating condition as permitted by this section shall be stored only if all fuel tanks in such vehicles are drained.

(11) All gasoline stations and/or repair garages shall be provided with adequate facilities, equipment and structures and shall be designed to ensure against degradation of or adverse impacts to the environment and adjacent land uses within 500 feet of the property involved. Such facilities and equipment include storage tanks for used motor oil or other fluids or petroleum products, emission control and air quality devices and separate disposal systems designed to properly handle wastewaters used in connection with such uses, including motor vehicle and boat or machinery cleaning.

(12) A convenience store, ATM (automated teller machine), or car wash facility shall be considered an accessory use to a gasoline service station when contained within not more than two separate structures on the site whereon the gasoline service station is located.

(13) In addition to complying with all the requirements listed herein this section, car washes, whether the principal use or an accessory use, shall also meet the following conditions:

(a) Sufficient on-site area shall be provided to permit cars or other vehicles waiting for service. Such waiting areas shall be suitably screened from adjoining properties.

(b) All wastewater generated from such uses shall be recycled, and such wastewater not able to be recycled shall be disposed of in a public wastewater system or an approved on-site disposal system to handle such flows and prevent degradation of groundwater supplies. No wastewater will be allowed to leave the site through surface runoff or storm drains.

F. Standards of operation.

(1) No gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless in the permanently enclosed building.

(2) All drainage, refuse, grease drippings, oily rags or other greasy or oily materials shall be kept enclosed in metal containers approved by fire underwriters for disposal of same.

(3) Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be stored outside an enclosed building.

§ 60-89 Golf courses.

A. The minimum area for a golf course shall be 150 acres.

B. No playing area, tees, greens or fairways shall be any closer than 150 feet from any adjacent property.

C. The clubhouse, parking lot, pro shop and any accessory buildings or uses including practice putting greens or driving ranges shall be at least 300 feet from any adjacent property line and at least 500 from the edge of any public road. Any lighting or other illumination shall be designed and operated to prevent glare onto adjoining roadways or adjacent properties.

D. Driveways shall be at least 200 feet from any adjacent property line.

E. For purposes of site plan review, the clubhouse, parking lots, accessory buildings and uses including driving ranges, and all driveways shall be considered to be commercial in nature and serving a commercial land use, particularly for buffering and screening requirements.

F. If a golf course is to be developed as part of a residential cluster development, then the playing areas, tees, greens and fairways and their accompanying lands may be considered as not more than 1/2 of the required active open space if the golf course is open to the public or nonresidents of the development. No part of the golf course used for commercial purposes as stipulated in Subsection E above may be included in such figures. The entire golf course and its accessory building or uses may not be included when calculating net residential density.

G. Depending on the nature of the proposed commercial uses associated with a golf course and the size and scope of their expected market, i.e., the anticipated number of persons who might be drawn to the site for use of such commercial uses, the Land Use Board may require additional parking facilities or buffering than provided for herein this chapter to assure adequate avoidance of problems or nuisances occurring.

§ 60-90 Industrial parks or planned industrial development.

Industrial parks may be established on a minimum of 30 acres or more in either one lot or a combination of contiguous lots. For purposes of achieving the minimum area requirement as noted above, lots which are separated by a public right-of-way may be considered to be contiguous for purposes of this section. All industrial parks shall comply with the following conditions:

A. Only industrial and commercial or retail uses listed in the B-1 Neighborhood Business, HB-40 or HB-56 Highway Business, PHB Planned Highway Business and the MC-1 Industrial/Commercial zoning districts' Schedule of District Regulations[1] shall be permitted by right in an industrial park along with such conditional and accessory use listed within the same zoning districts and as shown on said Schedule of District Regulations. The Land Use Board may permit other commercial or industrial uses if said proposed use does not subvert the intent or the purpose of the zoning district in which it is to be located and appears to be reasonably similar or related to cited permitted principal, conditional or accessory uses, or is deemed suitable to the industrial park proposed and the intent of this section and § 60-42N.

[1] Editor's Note: Said schedule is included at the end of this chapter.

B. Any industrial park shall be subject to subdivision review as set forth in §§ 60-17 and 60-20 and shall obtain approval of the Land Use Board for any parcel within said park to be sold, leased or otherwise established and utilized for an industrial or commercial use as permitted by this section. Additionally, individual parcels to be utilized for industrial or commercial use are subject to site plan review as set forth in §§ 60-17 and 60-20 separate and apart from the subdivision approval of the industrial park itself. Said site plan review of individual parcels shall be limited to proposed on-site development and its overall coordination or connection to said park and its facilities or systems.

C. In reviewing any proposed industrial park, the Land Use Board shall either determine that no adverse effects will result from such development or make such requirements as deemed reasonable and necessary to minimize or eliminate any perceived or expected possible adverse effects. In making such determination, the Land Use Board shall be authorized to request such information or detailed reports as deemed reasonably necessary in order to make said determination.

D. The minimum right-of-way for a road in an industrial park shall be 60 feet.

E. Industrial parks shall have a sufficient buffer strip established adjacent to roadways, and adjoining residential property to screen the commercial and industrial activity from said adjoining roadways or properties. At a minimum said buffer shall be 50 feet, but shall be increased by the Land Use Board where deemed reasonable to provide the screening and buffering necessary. Said buffer area may be utilized in computing minimum setback requirements in connection with any single tract or parcel within or a part of the park.

F. The minimum tract or lot size within an industrial park shall be three acres. In setting minimum setback requirements and other lot dimensions for area and frontage for any proposed development within an industrial park, the Land Use Board shall be guided by the minimum and maximum building standards for individual uses as set forth in the Schedule of District Regulations[2] which correspond to the proposed development use or uses.

[2] Editor's Note: Said schedule is included at the end of this chapter.

§ 60-91 Local wireless communication facilities.

Local wireless communication facilities may be established within the Township as provided for in the Schedule of District Regulations and in accordance with the following conditions:

A. Purpose. The purpose of this section is to establish provisions regulating the number, location, design and construction of local communications facilities, including towers, antennas, equipment sheds, and appurtenances, in order to accommodate the personal and commercial needs of the citizenry while protecting the health, safety, vitality and general welfare of the community and its environment. The goals of this section are:

(1) To provide for adequate wireless communications throughout the entire Township while minimizing the total number of communications towers;

(2) To minimize the impact of local communications facilities, particularly towers, on areas of scenic and cultural significance to the Township and the region;

(3) To encourage the location of such towers as are necessary in nonresidential and nonrecreational areas;

(4) To require the use of existing towers and other structures as support platforms for local communications facilities to the extent consistent with the purpose and the other goals of this chapter;

(5) To require the collocation of local communications facilities of competing providers in order to reduce the number of required towers;

(6) To ensure that such towers are sited, constructed, and maintained in a manner which poses the fewest hazards to the general public as possible; and

(7) To provide for the timely removal of local communications facilities and the restoration of the sites they occupied once they are permanently withdrawn from service.

B. Applicability.

(1) All new wireless local communications facilities, be they affixed to freestanding towers or mounted on existing structures, and any structures, equipment, or features accessory to the operation of said facilities, shall be subject to the provisions contained herein this chapter.

(2) Existing local communications facilities shall not be required to conform to the provisions contained herein until such time as they are to be altered for installation of additional facilities.

C. General provisions and requirements.

(1) Upon approval by the Land Use Board, the construction and operation of local communications facilities shall be permitted as a conditional use in certain parts of the Township subject to the provisions and limitations contained herein.

(2) The Township may seek, at the applicant's expense, independent expert advice on the specific location need for design, construction, and operation of local communications facilities to aid in the evaluation of applications for such facilities.

(3) The applicant for a local communications facility which involves construction of a freestanding tower more than 100 feet in height shall make space available on the tower for municipal communications needs to the Township, if technical operating requirements allow. The Township shall use such space solely for installation of communications devices for fire, police, or emergency medical services.

(4) The total number of local communications facilities in the Township shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no existing, suitable facility within the service which could be utilized. Citation in a comprehensive plan approved by a competent regulatory agency shall serve as evidence of the need for a facility in a general area but not as to the need for any specific site.

(5) The applicant shall agree in writing to submit certification to the Land Use Board every five years that the proposed local communications facility is still in use and that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced to the minimum height necessary for operational needs, as determined by the Land Use Board, within 12 months of the certification.

(6) The use of existing structures as support platforms for local communications facilities shall be required in all cases where consent of the structure's owner has been secured; use of the structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible; use of the structure will not increase the total number or affect the location of new towers that will be built in the Township; and the following circumstances apply:

(a) Use of the structure will not require expansion and the addition of a local communications facility does not harm the character and integrity of the exiting structure;

(b) Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile, and it is an existing communications structure; or

(c) Use of the structure will require an expansion in excess of 50% where the expansion or reconstruction will preserve the current use and the visual impact of installation of expanded structure will be less than that of a new local communications facility.

(7) The applicant agrees that if a new tower is approved, collocation will be permitted unless technically infeasible. The applicant shall also agree that all of the local communications facilities under his or her control within the Township shall be made available for collocation purposes.

D. Height limitations and location requirements for new local communications facilities.

(1) Within those zoning districts identified below where allowed as a conditional use, new local communications facilities may be built to whatever height is the minimum necessary to provide adequate service, as demonstrated by the applicant and determined by the Land Use Board.

	Applicable Zoning Districts
	A	Agriculture
	HB-40	Highway Business
	HB-56	Highway Business
	PHB	Planned Highway Business
	MC-1	Industrial/Commercial
	P	Public

(2) All new local communication facilities proposed in areas of the Township as noted herein above in Subsection D(1) shall meet the following location requirements:

(a) New local communications facility towers shall not exceed 200 feet in height, as measured from grade. Freestanding towers built to a less height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications facilities.

(b) All new local communications facility towers shall be located within the area consistent with the service need for the service area as specified in the proof of need for said tower as required by § 60-91B(5) and presented to the Land Use Board. The applicant shall initially determine and demonstrate a technically feasible search area for a tower location.

[1] If the search area contains lands located in more than one zoning district as shown on the Township Zoning Map[1], the applicant shall seek to site the facility in accordance with the following hierarchy, with the first designation being the location of greatest preference:

[a] Within the A Agricultural Zoning District:

[i] Located on existing structures such as barns, silos, towers;

[ii] Within those lands or structures located on lands used in connection with a farming business as provided for in § 60-87; or

[iii] Within wooded sites or vacant lands not deemed to be environmentally sensitive due to the presence of wetlands, habitats of endangered plant or animal species, or designated or documented historic or cultural sites; or any publicly owned lands used or protected for environmental sensitivity.

[b] Within the HB-40 Highway Business, HB-56 Highway Business, PHB Planned Highway Business and MC-1 Industrial/Commercial or P Public Zoning Districts, new local communication facility towers shall be permitted only at the following locations:

[i] On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on state, county or municipal conservation lands, state recreational lands or county or municipal lands used for low-intensity (passive) recreational purposes;

[ii] On the parcel of an existing first aid, fire station or other public structure or use;

[iii] On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored; or

[iv] On an existing developed property with first priority given to areas not adjacent to residentially zoned or utilized lots.

[c] To the extent feasible and consistent with other provisions contained in this chapter, new local communications facility towers shall be sited in a manner which:

[i] Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:

[A] Avoiding, to the maximum extent practicable, any direct line of sight from low intensive recreation facilities and campgrounds; and

[B] Minimizing the length of time that an antenna structure is visible from publicly dedicated roads and highways.

[ii] Avoids, to the maximum extent practicable, visual impacts as viewed from the scenic vistas;

[iii] Minimizes visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer, setback and screening, and landscaping requirements as established in §§ 60-42E and BB.

[iv] Provides natural or artificial camouflaging of said tower(s) so as to blend in with surrounding areas and structures to the greatest extent possible.

[d] If multiple sites for new towers which meet all other qualifications are available, the site with the least visual impact shall be selected; if only a single qualifying site is available, the best location on the site that meets all other standards of this chapter shall be selected.

[e] The design and construction of all new local communications facility towers shall adhere to the provisions regarding setbacks from stream, scenic vistas and environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise, or hide local communications facility towers so that they blend into the natural background to the maximum extent possible.

[1] Editor's Note: The Zoning Map is on file in the Township offices.

(3) The following provisions shall apply throughout the Township:

(a) Local communications facilities shall be located so as to meet the technical operating requirements of the applicant and any potential collocators who have expressed a desire to use the same facility.

(b) Local communications facilities shall be located, in order of preference, on:

[1] Existing structures whose appearance would not be significantly altered (no more than de minimis change in their mass or height) and with no impact upon a historic structure or structures that have been designated in the adopted Township Master Plan, the Salem County Register of Historic Sites and Structures, or other duly recognized register of historic sites or structures or that is located within a duly authorized and established historic district;

[2] Other structures whose appearance would be significantly altered provided that the visual impact of the former would not exceed that of the eligible undeveloped sites; and

[3] Undeveloped sites eligible for a new tower.

(4) All freestanding local communication facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area and shall comply with the siting design of Subsection D(2)(b)[5] above, where applicable. The Land Use Board may reduce this setback requirement by as much as 50% of the required distance, if it finds that limited sites and land tenure necessitates such reduction and safety and visual impacts may be alternately addressed.

E. Design and construction requirements.

(1) All local communications facilities shall meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with relevant authority. If such standards or regulations are amended, the owners of local communications facilities in the Township shall bring such facilities into compliance within six months of the effective date of such amendments. Failure to bring such facilities into compliance shall constitute grounds for removal of the facility by the Township at the owner's expense.

(2) All new freestanding support towers shall be designed and constructed so as to accommodate the needs of any other local communications provider who has identified a need to locate a facility within an overlapping service area.

(3) All new freestanding support towers shall be of lattice-type construction, except that monopoles may be employed if the applicant warrants that:

(a) The tower can and will be expanded if necessary to the maximum height permitted within the zoning district to accommodate any other local communications provider who expresses a need to collocate; or

(b) If the tower cannot be expanded, it will be replaced, without service interruption to current users, by a tower which can accommodate the collocation needs of other communications providers.

(4) Any accessory shed or other accessory structure shall be built solely to house equipment essential to the operation of the local communication facility and shall be designed, painted, and/or screened by year-round landscaping to blend in with the surrounding environs to the extent possible, as determined by the Land Use Board. The structure shall be located as close to the antenna support structure as possible and shall not exceed 10 feet in height or 100 square feet in area, unless expressly authorized by the Land Use Board. Only one such structure shall be permitted per facility user, unless a need is otherwise demonstrated to the Land Use Board. If feasible, additional land for the equipment needs of future collocators shall be secured in the purchase/lease of the selected site or be available by lease agreement.

(5) Any access road to the local communication facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.

(6) Secure fencing may be required if the Township determines that it is necessary for the safe operation of the facility.

(7) No artificial lighting may be attached to any local communications facility except as required by the Federal Aviation Administration or other regulatory authority with jurisdiction. Lighting of equipment and any other structure on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurement at the property line shall be 0.0 foot candles when measured at grade. Lighting shall be the minimum necessary to conform to applicable requirements.

(8) No sign will be attached to any local communications facility except as is necessary to provide operational or maintenance instructions or warnings to the general public. No sign will be attached at a level more than 10 feet above grade. The use of any portion of a facility for any form of advertising is prohibited.

(9) The following standards shall apply to clearing and landscaping for construction of new local communications facilities:

(a) Clearing of existing vegetation shall be limited to the minimum necessary to allow for access to and operation of the facility;

(b) The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas, or public roads shall be screened at ground level from public view to the maximum extent practical in the following manner:

[1] One or more rows of evergreen trees, at least four feet in height when planted and capable of forming a continuous hedge at least fifteen feet in height within five years of planting, shall be required and spaced not more than seven feet apart around all lattice towers and any monopole over 50 feet in height;

[2] Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade, and space not more than 20 feet apart shall be planted around the evergreen trees;

[3] The screening shall be maintained and replaced as necessary while the facility is in service; and

(c) The Land Use Board in considering landscaping plan for local communications facilities may refer to §§ 60-42E and BB and require conformance with its design and performance standards as relate to landscaping and buffering and/or screening.

(10) Local communications facilities mounted on an existing structure shall be painted or shielded with material which is consistent with the design features and materials of the structure. To the extent that any local communications facility or its supporting structure extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with sky and clouds.

F. Maintenance and operation requirements.

(1) The owner of a local communications facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Such maintenance shall include, but is not limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer area and landscaping. If, upon inspection, the Township concludes that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the facility into compliance with such standards. Failure to bring such facility into compliance within the thirty-day period shall constitute grounds for the removal of the facility at the owner's expense.

(2) No application for installation of a local communications facility shall be approved unless the applicant has submitted evidence that a surety bond has been established which will provide for removal of the facility and restoration of the disturbed area in accordance with this chapter within 12 months of its ceasing to operate. In any event, the Township shall, at the expense of the owner, remove any such facility which has been out of operation for a period greater than 12 months.

(3) All local communications facilities shall be operated in a manner consistent with the Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, as published and amended from time to time by the Federal Communications Commission.

(4) Local communications facilities adjacent to residential or public recreational areas shall not increase the ambient noise level nor cause any persistent level of vibration in excess of 50 db beyond the property lines of the parcel on which they area situated.

(5) At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the radiofrequency radiation from the local communications facility. Such measurements shall be made by a qualified technician and shall certify that they are within applicable limits.

G. Application requirements.

(1) Preapplication conference: Early consultation by applicants with Township officials and the Land Use Board is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Land Use Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Land Use Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Land Use Board. Any such preconference request shall be subject to the provisions of § 60-25.

(2) New local communications facilities shall require conditional use approval and major site plan approval by the Land Use Board.

(a) All persons seeking to build such a facility must submit an application to the Land Use Board which, in addition to the requirements of §§ 60-36 and 60-38, must also contain or be revised to conform to the following requirements:

[1] A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; and setbacks from property lines;

[2] Photographs of the proposed site of the facility showing current conditions;

[3] The setback distance from the nearest structure;

[4] A map showing the location of all other local communications facility towers and other structures within the Township as well as outside the Township within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures;

[5] A landscape plan showing proposed landscaping;

[6] The location and type of proposed fencing, if applicable, and the type, location, color and power of any illumination;

[7] An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a new tower is proposed;

[8] An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility;

[9] Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility that the selected site meets their operational needs and space requirements for equipment sheds and the like; and

[10] Computer simulation models, photographic juxtaposition and similar techniques are not mandated, but, if submitted in support of the application, may be used by the Land Use Board in determining conformance with the visual impact standards of Subsection D(2)(c) herein this section.

[11] In the event that collocation is found not to be feasible, a written statement of explanation shall be submitted to the Land Use Board. The Land Use Board may retain a technical expert in the field of radiofrequency engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to the collocation, or that a new tower has less visual impact at an alternative site. The cost of such a technical expert will be at the expense of the applicant.

[12] A plot plan, survey and all other plans and documents required for site plan approval by § 60-17.

(b) The Township permits wireless communications providers to submit a single application for approved multiple facilities.

(3) The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations for certain facilities. The environmental assessment must be submitted as part of any Township application for such a facility.

§ 60-92 Mobile homes. [1]

It shall be unlawful for any person to place, locate, keep, occupy or maintain a mobile home for the purpose of residency within the limits of the Township, except in accordance with the provisions of this section.

A. Job trailer placement and/or use. Temporary use of one mobile home or trailer structure for job trailer, as an accessory use to a permitted principal use construction site on the same lot therewith for a period to be set forth on the permit therefor and as determined by the Land Use Board based on reasonable projected construction time, shall be permitted. The temporary use and location of said mobile home or trailer structure shall cease upon expiration of the time period set by the Land Use Board or within 30 days of the issuance of a certificate of occupancy for said permitted principal use so constructed, whichever occurs first. In no case shall the permit for said temporary use exceed 18 months.

B. Mobile home use during dwelling construction. Use of a mobile home or travel trailer, as a temporary residence for the immediate family members and the owner or owners of a property for which zoning and construction permits have been issued for the construction of a single-family detached dwelling shall be permitted subject to the following provisions:

(1) The property whereon the dwelling is to be constructed shall be at least one acre in size.

(2) In such situation, the placing of the either one mobile home, motor home or travel trailer shall be restricted to the lot for which the construction permit for construction of the single-family detached dwelling has been issued, and the mobile home, motor home or travel trailer shall not be occupied until a foundation for the new dwelling has been completed and the mobile home can be connected to a permanent water supply and sanitary sewer system which have been installed or provided for the proposed dwelling, or a Board of Health approved and Uniform Construction Code acceptable sanitary sewer system and potable water supply system have been installed on or is available and suitable for such use on the property for use by said temporary mobile home; said mobile home is completely and satisfactorily connected to said systems according to the Uniform Construction Code and all necessary approvals and permits have been issued or obtained for same; and the sanitary sewer and potable water supply systems are designed and intended for use by the residential structure, once completed, and the mobile home is disconnected from same prior to the issuance of a certificate of occupancy for the new home.[2]

[2] Editor's Note: See Ch. 37, Construction Codes, Uniform.

(3) The temporary connection of any such mobile home to any public utility meets all Uniform Construction Code and subcode or other applicable regulations as required to safeguard public health, safety and welfare.

(4) The temporary mobile home is sited, installed and fully compliant with all applicable requirements of this chapter, the Uniform Construction Code and any other applicable regulations including requirements for securing and tying down said temporary mobile home as required by law or regulation.

(5) Said temporary use shall be clearly stipulated in the zoning permit for such a mobile home and shall be for a period to begin with the start of construction (as opposed to the issuance of a construction permit) and end with the issuance of a certificate of occupancy for the newly constructed residential structure or 12 months from the date of the issuance of the temporary permit, whichever shall occur first. Any request for continued use of said temporary facility shall require an application to the Zoning Officer including justification of why construction has been delayed. If granted, an extension shall not be for more than six additional months.

(6) It is the intent of this subsection to permit property owners to utilize temporarily a mobile home to safeguard and protect the construction of a dwelling and to deter or prevent theft and vandalism thereto. Said use shall be temporary and in no case permitted to continue after the issuance of a certificate of occupancy for the new residential structure for which the temporary use of said mobile home or trailer was requested. No actions which attempt to make permanent the placement of any mobile home on the site, such as the installation of a foundation, separate septic system or similar action, shall be permitted. Under no circumstances is this section to be understood or interpreted to permit, authorize or approve that the issuance of a zoning permit for the temporary use of a mobile home permits its use by any person or persons other than the owner(s) of the property on which it is located or that said temporary use may be considered a permanent placement and a permitted use of said mobile home once a certificate of occupancy for the new residential structure has been issued.

(7) Any mobile home permitted to be used temporarily during the construction of a new residential structure shall be disconnected from any public utility, including electric, gas, and the property potable water supply and septic system within 48 hours of the issuance of a certificate of occupancy for the newly constructed residential dwelling; and the mobile home shall be physically removed from the site.

(8) An applicant for a zoning permit to allow the temporary use of a mobile home during the construction of a residential structure shall be required to sign an agreement that he/she understands the terms of said temporary placement and use of said mobile home under the provisions of this subsection and shall agree to remove same upon the issuance of a certificate of occupancy for the new residential structure, and further attesting to his/her understanding that the temporary use of the mobile home is strictly for the owner(s) of the property involved and their minor children; and no other persons, regardless of relationship to said owner(s), is to be permitted during construction or after the issuance of the new residence's certificate of occupancy.

(9) The owner or owners of the lot involved in such temporary use of a mobile home, motor home or travel trailer, shall be required to post with the Township Clerk a bond in the amount of $1,500 to secure removal of the mobile home, motor home or travel trailer within the time required in Subsection B(4) herein.

(10) Application for a permit under this section shall be made to the Zoning Officer, and it shall not be issued until the aforesaid bond has been posted with the Township Clerk, copies of the zoning permit and construction permit for the property and proposed dwelling to be constructed thereon are submitted or supplied and the Zoning Officer has been presented with satisfactory proof that the applicant is in compliance with the provisions of this section.

C. Temporary use of a mobile home during an emergency situation. Temporary use of one mobile home where an existing residential structure has been destroyed or made uninhabitable by an emergency situation as defined in this chapter, and only when occupied by the owner of said destroyed residential structure and when a new structure is permitted to be constructed on the site and while the new residential structure is being constructed. Said use shall be for a period not more than six months, which period may be extended for an additional period of not more than six months in the event that the Zoning Officer is of the opinion that the emergency condition cannot be corrected within the original six-month period. In no event, however, shall the emergency occupancy of the mobile home be more than 15 days after a certificate of occupancy is issued for the repaired and/or replacement dwelling. Said temporary use of an independent mobile home or manufactured home in an emergency situation as noted herein shall be in accordance with the following conditions:

(1) Any person requiring or requesting temporary residency in an independent mobile home in an emergency situation shall apply directly to the Zoning Officer on a form to be supplied by the Township and shall provide documentation verifying the name and address of the owner of the independent mobile home. If the resident of the residential structure made uninhabitable by the emergency situation is not the owner of the property whereon said structure is located, then the application must be cosigned by the residential structure and/or property owner.

(2) Once said application is approved by the Zoning Officer, the property owner wishing to use the independent mobile home shall enter into an agreement and post a bond with the Township as provided in § 60-92B(8) and (9) herein this chapter. Said agreement shall provide the Township with right of entry onto the property by Township officials for inspection and removal purposes.

(3) The mobile home shall be connected to an acceptable and approved potable water supply and sanitary sewer system as determined by the Township Construction Code Officials and applicable regulations and the foundation for reconstruction of the dwelling is complete or deemed acceptable, if not destroyed.

(4) No mobile home used for temporary residency as provided for herein this subsection shall be located within 10 feet of any property line or in such a way as to pose an undue threat to public safety, health and welfare of the property owners or to adjoining properties.

(5) No mobile home utilized in accordance with the provisions of this subsection shall be placed upon a permanent foundation or shall be in any other way placed, installed or attached to another structure which would make said mobile home's trailer's removal from the site impossible or otherwise unnecessarily difficult to the continued viability of the other structure's use or integrity.

(6) The mobile home shall be placed on the same property on which was located the single-family residential structure that was accidentally damaged or destroyed giving rise to the emergency situation, and shall be only occupied by those persons who were occupants of said single-family residential structure.

D. Mobile home parks. Mobile home parks may be established and operated as provided in the Schedule of District Regulations[3] and in accordance with the following provisions of this section and any Township ordinance requiring the licensing of mobile home parks.

(1) Standards for mobile home parks. All mobile home parks shall meet the following regulations and requirements:

(a) Mobile home parks shall be located on tract(s) of land as set forth in the Schedule of District Regulations[4] for the zoning district wherein said parks are permitted and shall:

[1] Encompass a minimum of 30 contiguous acres of land in single ownership;

[2] Have a minimum of 500 feet of frontage on an arterial roadway as identified in the adopted Township Master Plan;

[3] Have an average depth for the lot in question of 1,000 feet;

[4] Not have more than 20% of the site proposed for a mobile home park designated or found to be wetlands including their required buffers; active or inactive, unrestored land mining sites; and/or environmentally sensitive sites as identified by the Master Plans of the Township, County of Salem or the New Jersey State Development and Redevelopment Plan; and

[5] A proposed mobile home park shall not be located adjacent to commercial or industrial activities which involve the dispensing of petroleum products, repair, storing or servicing of motor vehicles, trucking facilities including terminals, warehousing or distribution operations, and company fleet vehicle parking or storage facilities or areas.

[4] Editor's Note: Said schedule is included at the end of this chapter.

(b) Mobile homes may not be installed or relocated to any approved space within a licensed mobile home park. Only manufactured homes may be installed on any vacant approved space within a licensed facility.

(2) Number of licenses limited. The Township Committee of the Township of Pittsgrove has provided for a maximum of four mobile home park licenses.

(3) Standards governing mobile home spaces. The following regulations shall be met with regard to any mobile home space within a mobile home park:

(a) Area. The minimum area of a mobile or manufactured home space shall be 5,000 square feet. The mobile or manufactured home space boundaries shall be measured from the back of the curb and shall be clearly defined.

(b) Frontage. The minimum frontage on park drives shall be 50 feet, except along cul-de-sac or along curved park drives, where it shall be 30 feet.

(c) Numbering of spaces. A consecutive numbering system shall be established and each mobile or manufactured home space shall be clearly identified by a number in accordance with the provisions of any Township ordinance requiring licensing of mobile home parks.

(d) Home orientation. All mobile homes and manufactured homes shall front on a park drive. No mobile or manufactured home space shall be placed closer than 100 feet of a public street line.

(e) Distance between mobile homes and manufactured homes.

[1] No mobile home or manufactured home shall be placed closer than 20 feet from the side of another mobile home or manufactured home.

[2] The end-to-end distance between mobile home or manufactured homes shall not be less than 20 feet.

(f) Setback along park drives. No mobile home, manufactured home or accessory building thereto shall be placed closer than 20 feet to any park drive, as measured from the back of the curb.

(g) Setback from side and rear boundaries of park. No mobile or manufactured home space shall be placed closer than 200 feet to the side and rear boundaries of any park. The setback shall be reduced to 100 feet when adjacent land is also used for a mobile home park. The two-hundred-foot setback requirement for side or rear boundaries may be reduced to 100 feet if the Land Use Board determines that land adjacent to the proposed mobile home park is already preserved and/or buffered so as to assure the overall two-hundred-foot separation between land use activities on the lot in question and the adjoining property or properties. Where utility or drainage easements or any agricultural buffers as per § 60-42E(7) are required along side or rear boundary lines, the easement and/or buffer areas shall not be used or included as part of a mobile or manufactured home space.

(h) Accessory buildings. In addition to the standards set forth in the Schedule of District Regulations[5] of this chapter and the New Jersey Uniform Construction Code[6], and except for driveway improvements at grade level, all accessory buildings, structures and uses within a mobile home space shall be set back a minimum of 20 feet from any park drive and a minimum of two feet from all of the mobile home space's boundaries with adjoining mobile home spaces. All accessory buildings, structures and uses within a mobile home space, when added to the coverage of the principal building, structure or use within the mobile home space, shall not exceed a total maximum mobile home space coverage of 55% (50% maximum for the principal building, structure or use, and 5% total combined maximum for all accessory buildings, structures or uses).

[Amended 1-24-2006 by Ord. No. 1-2006]

[5] Editor's Note: Said schedule is included at the end of this chapter.

[6] Editor's Note: See Ch. 37, Construction Codes, Uniform.

(i) Design and occupancy. No mobile home or manufactured home shall be inhabited by a greater number of occupants than the number registered in the mobile home park or the number permitted by the applicable codes, whichever is less.

(4) Signs. All signs in a mobile home park shall comply with the § 60-82, and a detailed illustration(s) of all signs to be installed shall be submitted for review and approval prior to issuance of permits. In reviewing signs, the approving authority shall consider appropriateness and the degree to which the signs enhance the visual appearance of the park, the public areas, the public streets and the architectural style of the existing and proposed accessory buildings, as well as the quality of the residential environment for those who live in the park. In addition to the park identification sign, the following signs shall be provided:

(a) Along the park drive at each entrance to a mobile home park, a plan of the park, depicting accurate drive names and mobile or manufactured home space numbers, shall be posted. Said plan shall be a maximum of 32 square feet in size.

(b) Signs shall be required at all intersections identifying drive names.

(5) Construction standards.

(a) The standards established by the New Jersey Residential Site Improvement Standards Act and the New Jersey Construction Code, the Illuminating Engineering Society, the New Jersey Department of Environmental Protection, the Soil Conservation District, and such other statutory provisions which pertain shall apply. Each phase or type of construction shall comply with the applicable codes and standards.

(b) Two hundred square feet of concrete shall be provided in each mobile or manufactured home space to coincide with the entrance to the mobile home or manufactured home prior to the issuance of a certificate of occupancy. An elevated deck of equal size may be substituted for the 200 square feet of concrete.

(c) Two paved parking spaces shall be provided in each mobile home or manufactured home space. Parking space shall be not less than nine feet by 18 feet.

(d) Subject to the approval of a waiver of the New Jersey Department of Community Affairs, a right-of-way of less than 50 feet in width sufficient to contain the required cartway and curbing may be provided. The Land Use Board may require that the right-of-way and cartway widths of a new drive that is a continuation of an existing drive be at least the same widths as the existing drive.

(e) Curbing for all mobile home park developments shall be made of concrete and may be designed as vertical curb or mountable curb in accordance with the construction standards in the New Jersey Residential Site Improvement Standards.

(f) Bicycle paths and lanes, a minimum of six feet in width, shall be provided when the Master Plan so recommends them in the location of a proposed residential setting. The Land Use Board may require said bicycle paths when the mobile home park is designed for more than 40 units and/or is age restricted.

(g) The minimum levels of illumination to be provided are: 0.1 average maintained footcandle for all parts of the park zone system and 0.3 average maintained footcandle for potentially hazardous locations. For other specifics, refer to the Illuminating Engineers Society standards.

(6) Traffic impact statement and circulation.

(a) A traffic impact statement (TIS) shall be submitted with an application to expand a mobile home park, if the proposed expansion generates traffic flows in excess of 10% of the existing flows as measured on a weekday between 7:00 a.m. and 7:00 p.m. at the access/exit points.

(b) Roadways within a mobile home park shall be private drives, unless after consultation with the governing body, the Land Use Board deems it appropriate and reasonable to require dedication of all streets within a mobile home park.

(c) Park drives shall be designed to provide convenient access to all mobile or manufactured home spaces. Where dead-ended drives are necessary, cul-de-sac shall be installed.

(d) Park drives shall be designed to avoid destruction of natural resources such as trees, scenic views and waterways.

(e) The overall clarity of the vehicular circulation plan must be evident.

(f) Landscaping and barrier planting(s) shall be used to insulate residents of the park from public thoroughfares and/or adjacent properties not used for residential purposes.

(g) Block sizes shall be the maximum consistent with the shape of the site and the convenience and safety of the park residents. Blocks longer than 600 feet shall be designed with mid-block pedestrian easements at least 10 feet in width to be improved with a four-foot-wide concrete sidewalk.

(h) Clear sight triangles shall be provided and maintained at intersections with public streets and at park drive intersections.

(7) Parking and service area regulations.

(a) Entrances to parking and service areas shall be from a park drive and shall be at least 50 feet away from a public street intersection.

(b) Parking and service areas shall be fully screened from public streets, adjacent residences and mobile or manufactured home spaces.

(8) Refuse storage and collection, pest and weed control.

(a) Refuse shall be stored in tightly covered containers and kept under sanitary conditions.

(b) Each mobile or manufacturing home space or centralized location shall be provided with one of the following:

[1] A slab of impervious material large enough to accommodate the number of required containers.

[2] A rack or holder which provides at least six inches of clear space beneath or a cart which provides at least four inches of clear space beneath.

[3] A properly protected container in an underground storage installation.

(c) The area surrounding refuse containers and collection areas shall be kept free of litter, stagnant pools or articles which hold water and provide insect-breeding places.

(d) Centralized locations shall be screened with solid fencing and landscaping.

(e) Refuse containers shall be repaired or replaced when damaged.

(f) Refuse shall be collected at least once a week.

(g) Mobile home parks and mobile home lots shall be kept free from articles which may hold water and provide temporary breeding places for mosquitoes. Permanent mosquito control measures, such as draining and filling depressions in which water may collect, shall be taken by park management, together with supplemental larvicidal measures as need dictates.

(h) Fly breeding shall be controlled by eliminating the unsanitary practices which provide breeding places. Refuse containers shall be repaired when so damaged that they leak or their lids do not fit in a fly-tight manner. The area surrounding the refuse container shall not be permitted to become littered with garbage or saturated with waste liquid from garbage. All containers shall be maintained in a clean and sanitary condition.

(i) Insecticidal measures shall be applied if necessary.

(j) All buildings within the mobile home park shall be rat-proofed and items in storage shall be maintained in such a manner as to eliminate the possibly of rodent harborage.

(k) The growth of brush, weeds and grass shall be controlled as a means toward elimination of ticks and chiggers.

(9) Open space.

(a) A minimum of 15% of the total acres of a mobile home park shall be reserved as open space. At least 25% of the required open space for non-age-restricted developments shall be located in one defined area suitable for active recreation and field sports and shall be free of environmental constraints, including stormwater detention or retention basins.

(b) Recreation areas shall be so located and arranged as to provide for the maximum efficiency of function, benefit and convenience to all the park residents. Details of active recreational facilities shall be shown on the site plan to be approved by the Land Use Board. Facilities shall be provided in accordance with the anticipated population of the park including tot lots, playgrounds, sport fields and/or courts, a swimming pool or other active recreational facility.

(c) For age-restricted development (i.e., for persons 55 years of age or older), the minimum massed open space referred to in Subsection D(9)(a) above may be waived if a community building or center is provided. The size of the building or center shall be based on 30 square feet per mobile or manufactured home space in the development, up to a maximum of 7,200 square feet, with a minimum building area of 1,500 square feet. At a minimum, the community building or center must include a meeting room, kitchen and restroom facilities.

(d) Setback areas abutting public streets and agricultural and wetlands buffer areas shall not be used to meet the open space requirements nor shall such areas be put to recreational use.

(e) Any areas devoted to active sports, such as softball, tennis or swimming, shall be enclosed by fencing of sufficient height to minimize potential heard and nuisance to adjacent residences, mobile homes or manufactured homes. In addition to fencing, screening may be required to ensure privacy and buffer noise.

(f) Open space and recreational facilities maintenance shall be the responsibility of the park management and shall include maintenance of lawns, landscaping, paved areas, screening materials, including fences and walls, as well as all the facilities to be used in common.

(10) Soil and topographic conditions.

(a) Soil and subsoil conditions shall be found to be suitable under the applicable standards for excavation and construction.

(b) Topography shall be found suitable under the applicable standards for the proposed land use.

(c) Land located within areas designated as flood hazard areas shall not be developed or used for any purpose unless it conforms to the standards set by the New Jersey Department of Environmental Protection, Division of Water Resources, and the provisions of § 60-75.

(11) Grading and drainage. Adequate provisions for surface water drainage facilities are essential and the provisions of § 60-42X, Stormwater management, and the Residential Site Improvement Standards, whichever is applicable, shall be met. In preparing and reviewing drainage proposals, the following criteria shall apply:

(a) Natural stream beds and all related floodplain areas shall be clearly defined and protected. Care shall be taken to minimize peak downstream runoff.

(b) Surface drainage systems may include, where necessary, detention structures which will assure no additional runoff from the mobile home park subsequent to completion of the park.

(c) Surface drainage systems shall be designed to accommodate all runoff coming to or accumulating on the development site.

(d) Grading and drainage development shall conform to the soil erosion and sediment control standards as applied by the Soil Conservation District.

(12) Provision of utilities. All mobile home parks shall be connected to a public sanitary sewer system and be supplied with an adequate supply of potable water, complying with the Residential Site Improvement Standards. To assure that said supply and facilities are provided, the following standards shall apply:

(a) A water distribution system shall be provided to transmit the potable water supply throughout the mobile home park. The supply shall be made available to each mobile or manufactured home space, building or other facility requiring water via a separate water service pipe at a minimum pressure of 20 pounds per square inch.

(b) The water shall be obtained from an approved public potable water supply, if available at the boundary of the mobile home park. If an approved public water supply is not so available, a water supply system shall be developed in accordance with Standards for the Construction of Water Supply Systems for Realty Improvements promulgated by the State Commissioner of Health. The water supply shall be approved by the state and local Department of Health prior to use.

(c) An individual water riser shall be located within the confined area of each mobile home or manufactured home space at a point where the water connection will approximate a vertical position. The riser outlet shall be designed so that a watertight connection can be made between the outlet and the mobile or manufactured home piping system.

(d) The water riser shall extend at least four inches above the ground elevation. The outlet shall be plugged or capped when not in use.

(e) Adequate provisions shall be made to prevent freezing of risers, valves and water service pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser.

(f) Each riser shall be provided with a shutoff valve conveniently available to the tenant in the event of an emergency.

(g) The water supply system of a mobile home park shall be provided with storage unless the supply is derived from a public potable water supply and shall meet the following criteria:

[1] The location, size, type and elevation of the storage facility(ies) shall be such as to meet the distribution pressure requirements as established in Subsection D(12)(a) above.

[2] Potable water shall be stored only in impervious tanks protected against surface drainage. All tanks shall be provided with watertight covers, and any overflow or ventilation openings shall be covered with metallic screen of not less than 16 mesh to prevent the entrance of insects and vermin. No storage tank shall have a drainage connection direct to a sewer.

(h) No physical connection shall be made between an approved public potable water supply and an unapproved water supply unless it satisfies the provisions of N.J.S.A. 58:11-9.1 et seq. A semipublic water supply is considered as an unapproved water supply for the purpose of this regulation even though it may meet the potable water standards established by the State Department of Health and the Department of Environmental Protection of the State of New Jersey.

(i) Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with the nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl opening shall be equipped with a strainer.

(j) If the water furnished consumers in a mobile home park is not obtained from a public water supply system, it shall be sampled quarterly each year and submitted for bacteriological analyses in accordance with the provisions of the potable water standards established by the State Departments of Health and Environmental Protection. All results of samples taken under this regulation shall be assembled, recorded and maintained by park management for inspection by the New Jersey State Departments of Health and Environmental Protection and the Salem County Board of Health.

(k) Mobile or manufactured home spaces shall be provided with water risers and water service pipes of at least three-fourths-inch nominal inside diameter. A shutoff valve shall be provided for each water service pipe. Underground combination stop and waste valves shall not be installed.

(l) Each mobile home or manufactured home space shall be provided with a building sewer connection. The building sewer connection shall be at least four inches in diameter and shall be equipped with a riser of the same diameter terminating sufficiently above ground at not less than a 45° angle to permit adequate connection from the mobile or manufactured home. A trap and/or vent shall not be installed on the building sewer. The following standards shall be required:

[1] The riser shall be firmly imbedded in the ground and be protected against heaving, shifting and surface water. When it is not in use, the riser shall be capped or plugged so as to render it watertight.

[2] The sewer connection shall be provided with suitable fittings to effect watertight junctions. The connections shall be self-draining and shall be effected by durable, noncollapsible, corrosion- and weather-resistant, semirigid or rigid pipe. Such pipe shall be plastic, copper or iron of suitable diameter (least three inches) to fit the drain outlet of the mobile or manufactured home and the riser.

[3] The park management shall maintain several spare connectors and appropriate fittings, in good repair, to be used when privately owned connectors do not meet the requirements of this regulation.

(m) Sewer lines and appurtenances in a mobile home park shall be laid in accordance with the Residential Site Improvement Standards.

(n) The plans for the proposed sewerage facilities of a mobile home park, including sewer line and appurtenances thereto, shall be approved by the Township and/or public utility which is to provided sanitary sewer service to said park. Any required approvals from the State Department of Environmental Protection and local Health Department shall also be obtained prior to installation of said facilities.

(o) Every mobile home park shall be equipped with electric power provided to each mobile home park space in accordance with the regulations of the Uniform Construction Code.[7] All electrical systems and equipment installed in mobile home parks shall be approved by the Underwriters' Laboratories, Inc., or other recognized agency having jurisdiction. All metal parts of a mobile or manufactured home shall be adequately grounded.

[7] Editor's Note: See Ch. 37, Construction Codes, Uniform.

(13) Environmental conditions and impact statement. In reviewing an application for mobile home park development, the Land Use Board shall ensure that adequate provisions are made to preserve, protect and make maximum use of the natural features and resources of the site. To this end, an environmental impact statement shall be submitted with each application to expand a mobile home park. See Checklist Schedule E (§ 60-38) for the contents of an environmental impact statement.[8]

[8] Editor's Note: Said checklist is included at the end of this chapter.

(14) Energy conservation.

(a) The orientation of mobile homes and manufactured homes which can most effectively reduce the consumption of natural and artificial fuels shall be given priority in the design stage of the development.

(b) Natural vegetation shall be utilized and supplemented throughout the site to aid in achieving the fullest practical degree of climate moderation. The Land Use Board shall evaluate the extent to which the development plan has met the goal for energy conservation.

(15) Aesthetics and safety features.

(a) Visual consideration. In designing the layout of a mobile home park development, emphasis shall be placed on the visual effect. The perimeter of off-street parking areas, refuse containers and collection areas and other service-related stations and/or facilities shall be attractively screened by the use of appropriate fencing, walls or landscaping. The Land Use Board shall determine that the developer has made every effort to design a development which is visual pleasing.

(b) Quality of design. The nature, size, shape, lighting and style of signs and of street and recreation area furnishings shall be found to be in good taste, creating a sense of harmony. The layout shall be designed to avoid the appearance of congestion or sprawl (i.e., natural breaks in the development pattern to give definition to nodes of differing land use: residential, open space, recreation or service areas). Aesthetically pleasing natural features shall be protected and enhanced.

(c) Lighting and safety features. Proper lighting promotes safety and can attractively illuminate. Special attention shall be given to lighting for steps, ramps, intersections or any potentially hazardous location. Lighting shall not be aimed directly into the windows of a mobile home or manufactured home or directly into patios thereof. All lighting shall conform to the requirements of § 60-42N and O.

(16) Buffers and landscaping.

(a) Perimeter buffer intent. Mobile home parks are typically adjacent to lower-density residential development or land zoned for lower-density residential development. It is the intention of this section to use larger boundary setbacks and existing or proposed landscaping to provide adequate buffering between parks and existing or future lower-density development. In approving a buffering plan, the Land Use Board shall take into consideration the depth and quality of existing vegetation as supplemented by the developer in determining if adequate screening is provided.

(b) Existing perimeter vegetation. No trees or vegetation shall be removed from street lines or property setback areas, except for the removal of noxious, dead or diseased materials needed to improve the health of the existing shrubs or to accommodate supplemental landscaping. Clearing for streets, drives, intersection vision or utility installations or similar, required improvements shall be permitted but only to the extent needed to accommodate the improvement and necessary regrading.

(c) Perimeter buffer standards.

[1] The minimum standard for a planted buffer, assuming there is no existing perimeter vegetation, is as follows:

[a] Deciduous shade trees: two for every 200 feet.

[b] Deciduous flowering or ornamental trees: three for every 100 feet.

[c] Deciduous shrubs: 10 for every 100 feet.

[d] Evergreen trees: five for every 100 feet.

[e] Evergreen shrubs: five for every 100 feet.

[2] Where existing vegetation is preserved, the minimum buffer quantities listed in Subsection D(16)(c)[1] above may be reduced to no less than 1/3 of the total, depending on the quality of the existing materials and their buffering performance. The proposed additional buffer materials will be judged based on compatibility with the existing vegetation and their ability to thrive in the proposed conditions.

[3] When the perimeter buffer depth is reduced to less than the minimum, the quantities listed in Subsection D(16)(c)[1] above must be increased by no less than 1/3 of the total.

[4] If a screening fence or wall is used, the minimum buffer quantities listed in Subsection D(16)(c)[1] may be reduced to no less than 1/3 of the total.

[5] If an agricultural buffer as required by § 60-42E(7) is required, then the minimum buffer quantities listed in Subsection D(16)(c)[1] may be reduced to no less than 1/4 of the total.

[6] In calculating the required open space area, 25 feet of the perimeter and setback depth and all of an agricultural buffer is presumed to be dedicated to the buffering function and is not to be counted toward open space.

(d) Landscaping. Landscaping shall be an essential feature of the mobile home park and shall be used as a means of unifying the total site. Tall trees and massing of plants can be used to create focal points and define public areas. To the fullest extent, shade trees shall be retained or planted at appropriate locations throughout the park and shall be provided along public streets, at least one for each 50 feet of drive and/or street frontage. Additional trees must also be provided when spaces back up to other spaces or facilities in time development. At least one tree for every three lots must be planted along these rear lot areas. Deciduous trees shall have at least one-and-three-fourths-inch caliper at planting; evergreen trees shall be at least five feet tall; and all shrubs, other than dwarf varieties, shall be at least two feet tall at planting. Landscaping shall comply with the provisions of § 60-42BB.

(e) Land Use Board review. In reviewing the screening/landscaping plan, the Board shall determine that:

[1] Erosion-resistant plants are planted for slope areas.

[2] The extent to which planting(s) along public roads will buffer noise and light.

[3] The adequacy of climate control by the use of plants to serve as windscreens in winter and to provide shade in summer.

[4] The plan makes all possible attempts to break up the vista of long rows of mobile homes and manufactured homes.

[5] The plan provides for a variety of species to avoid extensive disease or winter-kill losses.

[6] The plan provides some seasonal variations.

(17) Development phasing regulations. If the applicant chooses phasing, these regulations shall apply to all mobile home parks:

(a) The development of open space shall be completed in proportion to match the area of the section for which final approval is sought.

(b) The length of the development period for the entire park shall be determined by the developer, unless the Land Use Board finds that the proposed time schedule is not reasonable, would create excessive demands on Township services and facilities or would not protect the health, safety and welfare of the community, in which case the Land Use Board shall modify the time for completion accordingly.

(c) Each section of the mobile home park shall be functionally self-contained and capable of sustained occupancy and maintenance and shall be properly related to utility services to be provided for the completed park.

(d) Each section shall be covered by performance and maintenance guaranties.

(18) Conditions for preliminary approval: Prior to the granting of a conditional use and preliminary site plan approval for a mobile home park, the Land Use Board shall find:

(a) The proposals for maintenance and conservation of open space are reliable and that the space is adequate for the intended purposes.

(b) The physical layout of the plan provides for public services, traffic control and minimal adverse impacts on the environment during and after construction.

(c) The development will not have an unreasonably adverse impact upon the area or upon municipal services, or that said development will not be unavoidably adversely impacted by existing land use activities in the area.

(d) The conditions applied to protect the public and the residents of the completed park are adequate in the case of each phase or stage of development.

(19) Effect of final site plan approval: In addition to the effects of final site plan approval as noted in § 60-20C, in the case of final approval of the site plan for a mobile home park, said approval shall also grant the applicant the right to:

(a) Make application to the Construction Code Official for the necessary permits to construct the park improvements and the supporting systems for each mobile or manufactured home space.

(b) To apply to the Township Committee for a license to operate in accordance with the requirements of any licensing ordinance applicable to mobile home parks.

[3] Editor's Note: Said schedule is included at the end of this chapter.

[1] Editor's Note: See Ch. 64, Mobile Homes.

§ 60-93 Motels and hotels.

Motels and hotels shall be permitted as provided in the Schedule of District Regulations[1] and shall comply with the following conditions:

A. In addition to sleeping units, a motel or hotel may contain as an accessory use restaurant(s), cocktail lounge(s), meeting or conference rooms or facilities, swimming pool(s), a health club, cabanas, personal service shops, newsstand, shops for retail sale of gifts, sundries, newspapers, books and periodicals, limited food items such as candy, gum, cookies, soft drinks or bottled water; provided, however, that all such shops are sized and primarily intended for use or service to the motel's or hotel's guests, visitors or patrons. The Land Use Board may stipulate limitations on the size of such accessory uses in order to assure compliance with the stated intent. No food or refreshment shall be sold, vended or served through any opening in any building or part of building to the outside. The complete transaction and delivery of any food or refreshment shall be conducted within the principal building.

B. The maximum gross density of any motel or hotel development shall be based upon one unit per 2,500 square feet of gross land area for the site involved. Not less than 20% of the site involved shall be maintained in open space free of parking or loading areas, driveways, and structures, except recreational facilities such as swimming pools, tennis courts, playgrounds or golf courses, or similar facilities or uses.

C. The minimum floor area of a sleeping unit shall be 270 square feet.

D. All motels and hotels shall comply with the following special design requirements:

(1) Every building containing sleeping units on or above a second story shall be equipped with one or more elevators.

(2) Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be so located with consideration to both convenience and to minimizing the detrimental effect on the aesthetic character of the development and its surroundings and shall be enclosed and shielded from view by fencing or walls with shrubbery of at least six feet in height at the time of planting around the perimeter of the site. Fencing and walls shall not be more than 15% open on the vertical surface.

(3) A buffer strip of 10 feet in depth, free of any improvements other than access driveway entrances and exits, planting(s) and landscaping and permitted signs shall be maintained along all property lines except those property lines coexistent with the street right-of-way lines. Said buffer area width shall be increased to 20 feet along any property line adjacent to a residential zoning district or property used for residential purposes.

(4) All motel or hotel developments shall be served by an approved public or quasi-public sanitary sewer system as required by this chapter and other ordinances and regulations of the Township of Pittsgrove. In terms of potable water supply, sufficient supply shall be provided for fire suppression as deemed necessary by the local fire officials.

(5) All motel and hotel developments shall be suitably landscaped with liberal and functional landscaping plan or scheme. Interior roads, parking areas and pedestrian walks shall be provided with shade trees which are of an appropriate size and character to afford shade as intended within a reasonable period of time from their planting. Open space adjacent to buildings and walls between buildings and border strips along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to dwelling structures and entrance areas shall also be suitably landscaped. All other areas not used for buildings, terraces, drives and parking or loading areas shall be seeded or landscaped and shall be kept in an attractive condition.

(6) Interior development roads, parking areas, entranceways, and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and the lighting provided shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings or adjoining properties. Lighting shall be so arranged as to reflect away from any adjoining properties and be in compliance with the provisions of § 60-42N and O.

(7) All swimming pools shall be constructed in accordance with the provisions of § 60-83.

(8) No building containing sleeping units shall be closer than 10 feet from any proposed interior roadway nor closer than 10 feet from any proposed parking area.

(9) Driveways shall not be less than 20 feet nor more than 36 feet in width as measured at the property lines. Driveways must be at least 10 feet from any side lot lines.

(10) The entire area of the site traveled or used for parking by motor vehicles shall be hard surfaced with cement or macadam.

E. Whenever a restaurant or restaurants locate adjacent to a motel or hotel, the Land Use Board may consider patronage of same by guest of the motel or hotel in calculating the number of parking spaces required for the restaurant(s) involved.

[1] Editor's Note: Said schedule is included at the end of this chapter.

§ 60-94 Planned commercial centers.

A. Planned commercial centers shall be classified as one of the following:

(1) Neighborhood centers encompassing not less than three nor more than 10 acres and designed to provide for local sales and service use including, but not limited to, the sale of convenience goods such as food, drugs, sundries, and personal services such as cleaning of clothes, photo developing, hairstylists or beauty shops, medical or dental offices, banks, real estate and post offices, and similar uses.

(2) Community centers involving 10 acres or more, and/or 100,000 to 300,000 square feet of gross floor area, including a supermarket, drug, variety, or hardware store, or similar anchor store, and other smaller retail or commercial uses. For purposes of this section, the term "community" shall mean that the center is sized and designed to serve the needs of the residents within the Township and within adjoining municipalities.

B. The following standards shall apply to all planned commercial centers:

(1) Any planned commercial center shall be designed to blend with its environs, man-made and natural, and be designed as a unified whole with harmony of design and architecture and in its overall layout including landscaping and other facilities provided for use by the occupants or customers of the center. If the center is to include more than one building, then all buildings shall be located, designed and constructed to compliment other structures within the center, and/or be landscaped sufficiently to make the center appear from adjoining streets as one entity. Structures erected on pad sites within a center shall attempt to blend with the design and architectural style of the main center structure(s). Pad sites are areas within a center reserved for the future development of freestanding commercial uses.

(2) No more than 30% of the lot area shall be occupied by principal uses and not more than 5% by accessory uses, excluding parking and loading areas; and if the center consists of more than one building or structure (although same may be divided into separate units), said buildings or structures shall be separated by not less than 15 feet.

(3) All planned commercial centers shall abut and have their principal access onto a collector or arterial road. Access shall be limited to one driveway per every 500 feet of road frontage for a community center and 200 feet for a neighborhood center.

(4) The minimum setback for any planned neighborhood commercial center from any public right-of-way shall be 50 feet and 100 feet for any planned community center.

(5) Off-street loading and parking facilities shall be provided in accordance with the provisions of §§ 60-79 and 60-80.

(6) Landscaped and planted areas providing adequate screening shall occupy a space at least 20 feet in width between parking areas and adjoining road right-of-way lines and property lines abutting a residential zoning district or residentially used property; and a space of 10 feet in width separating each double-tiered parking bay.

(7) All planned commercial centers shall provide the following:

(a) Areas and facilities for the collection of solid waste which shall be appropriately screened and buffered.

(b) Fire zones designed to facilitate easy access to structure for emergency vehicles. Such zones shall be approved by the appropriate local fire officials and if applicable, in compliance with any municipal ordinance related thereto.

(c) Structure and property illumination designed to protect adjoining properties, streets or sensitive and scenic areas from direct glares or excessive light.

(d) Adequate screening or buffering to protect adjoining properties and roadways from direct glare from vehicular lights and windborne debris or trash.

(e) Signs in accordance with the provisions of § 60-82.

(f) Provision of suitable sanitary sewer disposal and potable water supply appropriate to the size and nature of the proposed commercial uses to be allowed therein.

(8) The maximum height permitted for a structure in a planned commercial center, excluding signs, shall be:

(a) Neighborhood center: 35 feet.

(b) Community center: 50 feet.

(9) No planned commercial center shall be permitted adjacent to an existing neighborhood center without a finding by the Land Use Board that the proposed center will have harmonious coordination with any existing adjacent planned center or commercial uses. Said harmonious coordination shall show that:

(a) The site design for the new center will provide for traffic movement between said centers;

(b) Structures design and orientation blends with adjoining center(s) design and orientation to provide a harmonious streetscape and prevents visual obstruction of one center by the other from the adjoining roadway(s);

(c) Landscaping and buffering are utilized to promote a neighborhood of commercial use appealing to vehicular and pedestrian traffic; and

(d) Placement of parking, signs, lighting and other amenities harmonize with surrounding commercial activity.

(10) The Land Use Board may require a marketing analysis in order to determine whether the proposed center is designed to meet the intent of this section and the existing or projected need. The Board may request at the applicant's expense that a consultant of its choosing be obtained to perform or analyze the market analysis. It shall be the responsibility of the applicant to demonstrate the need for the proposed commercial center and reasonably justify its establishment based on the standards and regulations provided herein this section.

(11) Uses permitted within a commercial planned center shall be limited to those commercial or business uses allowed as a permitted use within the zoning district in which the center is located and any conditions required of said permitted uses shall remain if said use is proposed for inclusion within a planned commercial center to the extent found reasonably practical by the Land Use Board. Not more than 30% of the gross floor area of any planned commercial center shall be devoted to nonretail sale of goods or services to the public in order to provide for a convenient commercial environment providing a variety of shopping amenities as opposed to a business or professional center (see § 60-98). It is the intent of this section to make a planned commercial center convenient to the public and thereby reduce commercial-related traffic trips or the sprawl of commercial activities while allowing for diversity of commercial and business activities within such centers.

§ 60-95 Planned developments of regional impact.

A. Purpose. The purpose of this section is to provide specific design standards for large-scale planned developments permitted under the provisions of this chapter. The standards provided herein are designed to promote the objectives and integrity of the Pittsgrove Township Master Plan as adopted. Specifically, the purposes of this section are:

(1) To allow flexibility in minimum lot sizes, setbacks and distribution of uses;

(2) To insure that departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to this chapter standards pursuant to N.J.S.A. 40:55D-45.1 of the Municipal Land Use Law, Chapter 291 of the State of New Jersey;

(3) To insure that provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and amenities of light, air, recreation and visual enjoyment are adequate;

(4) To insure that the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(5) That, in the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate;

(6) To enable the maximum protection of natural resources; and

(7) To enable the provision of affordable housing for low- and moderate-income households.

B. Applicability. All proposed developments herein defined shall be governed by all applicable standards in this chapter. The standards herein this section defined shall be applied in addition to those standards for specific uses in the applicable sections of this chapter. In the case of conflict or overlapping standards, the more stringent standard shall apply. The following proposed developments are herein deemed to be developments of regional impact and are hereby governed by this section:

[Amended 12-8-2009 by Ord. No. 15-2009]

(1) All residential developments proposing 100 acres or more of land disturbance during development. All proposed residential developments, including but not limited to developments defined as either planned developments or mobile home parks under the provisions of this chapter, which propose 100 acres or more of land disturbance during development are governed by this section.

(2) Industrial parks and planned industrial developments proposing 100 acres or more of land disturbance during development. All proposed developments governed by § 60-90 which propose 100 acres or more of land disturbance during development are governed by this section.

(3) Planned commercial centers, and professional or business office centers proposing 50 acres or more of land disturbance during development. All proposed developments governed by § 60-94 or 60-98 which propose 50 acres or more of land disturbance during development are governed by this section.

C. General provisions and requirements.

(1) Sanitary public sewerage, if available and permitted, or community sanitary sewerage shall be immediately accessible to the project site at the time of application. Public sewerage is defined as sewer service that physically links individual buildings to a central treatment plant elsewhere in the Township. Community sewerage is defined as sewer service linking individual buildings to a treatment facility serving only the proposed development (such as a package treatment plant).

(2) Planned developments of regional impact shall not be serviced by on-site, subsurface, wastewater treatment systems (septic systems).

(3) Uses permitted as developments of regional impact shall be those permitted in the particular zoning districts, per the Schedule of District Regulations.[1]

[1] Editor's Note: Said schedule is included at the end of this chapter.

(4) Overall or gross density of the use deemed a planned development of regional impact shall be governed by that required in the particular zoning district, per the Schedule of District Regulations.[2]

[2] Editor's Note: Said schedule is included at the end of this chapter.

(5) Industrial and commercial buildings lot coverage in any planned developments of regional impact shall not exceed 50% of gross project area. Building lot coverage shall be interpreted to mean that area composed of buildings, impervious surfaces, required buffers, infrastructure, and stormwater management facilities.

(6) The amount, management, and type of ownership of required open space shall be governed by the appropriate sections of this chapter except any buffers, landscaping or vegetative mitigation herein required are not included in the calculation of open space set aside.

(7) Net density, or minimum lot size, of planned developments of regional impact shall be set based upon review and approval of the Land Use Board within the stated purposes of this and other appropriate ordinances in effect.

D. Design standards. Planned developments of regional impact shall conform to specific elements of design unique to the scale of the proposed development.

(1) Residential layout.

(a) The safety of the residents shall be the primary concern in determining the overall residential layout.

(b) The placement and concentration of structures and uses on the site shall be arranged to maximize a sense of privacy and compatibility between abutting land uses.

(c) The placement, bulk, and design of structures and uses shall be arranged to minimize conflict between abutting uses and exposure to nuisance factors, such as noise, glare, and to maximize privacy for residents and neighbors.

(d) A naturally vegetated buffer of at least 300 feet shall be maintained between residential and nonresidential uses. This buffer may be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced.

(e) A naturally vegetated buffer of at least 300 feet shall be maintained between residential structures and existing public road rights-of way, exclusive of proposed local access streets serving only the proposed development. This buffer shall not be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced.

(f) The overall site plan shall promote innovative design, and wherever possible, energy conservation.

(g) The overall site plan shall preserve sensitive environmental elements and respond to the site's original character. Sensitive environmental elements shall include, but not be limited to, features such as floodplains, wetlands, natural drainageways, or habitat deemed important to state, or federally listed threatened or endangered species.

(h) All live trees of at least six inches in diameter, measured 12 inches from the base of the tree, that are proposed for removal or destruction shall be replaced on a ratio of 10 to one (destroyed trees to replacement trees) on a previously barren section of applicant's property or on a location suitable to the applicant and the Land Use Board. Specific species utilized for tree mitigation will approximate the distribution by specie and relative number of trees that are proposed for removal.

(2) Nonresidential layout.

(a) The nature, placement and design of nonresidential uses on the site shall be arranged to minimize traffic and nuisance impacts on residents and neighbors of the development.

(b) Nonresidential uses shall be visually compatible with other structures within the viewshed and with the overall image of the property.

(c) A naturally vegetated buffer of at least 1,000 feet shall be maintained between all residential and nonresidential uses. This buffer shall not be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced.

(d) A naturally vegetated buffer of at least 1,000 feet shall be maintained between nonresidential structures and existing public road rights-of-way, exclusive of proposed local access streets serving only the proposed development. This buffer shall not be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced.

(e) All live trees of at least six inches in diameter, measured 12 inches from the base of the tree, that are proposed for removal or destruction shall be replaced on a ratio of 10 to one (destroyed trees to replacement trees) on a previously barren section of applicant's property or on a location suitable to the applicant and the Land Use Board. Specific species utilized for tree mitigation will approximate the distribution by specie and relative number of trees that are proposed for removal.

(3) Public facilities and services.

(a) All electric, telephone and communication service facilities, including main and service lines to individual buildings, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing the services except where it is demonstrated to the satisfaction of the Land Use Board that the underground installation required is not feasible because of the physical conditions of the land involved; and

(b) Fire hydrants shall be installed at the developer's expense as an integral part of the water distribution system at a distance and location approved by the fire official.

(4) Stormwater facilities.

(a) All stormwater management facilities shall be designed to accommodate appropriate quantity and quality standards as provided in this chapter and the Salem County subdivision and/or site plan regulations.

(b) The area made necessary by the provision of stormwater facilities shall not be included in the calculation of required open space.

E. Submission requirements for general development plan. A general development plan, as authorized by N.J.S.A. 40:55D-45.1 et seq., shall be submitted to the Land Use Board, prior to the granting of preliminary subdivision approval, for all planned developments of regional impact, making their development subject to the terms of the general development plan procedures specified herein.

(1) General development plan contents.

(a) A general land use plan indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be include in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential density floor area ratio shall be provided. All required vegetated buffer areas shall be clearly depicted and identified in a manner as to clearly distinguish them from required open space areas;

(b) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development;

(c) An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands;

(d) A utility plan indicating the need for and showing the proposed location of sewerage and water lines and drainage facilities necessitated by the physical characteristics of the site, proposed methods of handling solid waste disposal; and a plan for the operation and maintenance of proposed utilities;

(e) A stormwater management plan setting forth the proposed method of controlling and managing the quantity and quality of stormwater on the site;

(f) An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate, and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site. All regulated wetlands and species habitat shall be shown with state-approved wetlands delineation;

(g) A community facilities plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations;

(h) A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the Township pursuant to N.J.A.C. 52:27D-301 et seq. will be fulfilled by the development;

(i) A local services plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste;

(j) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development which will accrue to the county, municipality, and school district according to the timing schedule provided under Subsection E(1)(k) of this section, and following the completion of the planned development in its entirety;

(k) A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and the residents who occupy any section of the planned development prior to the completion of the development in its entirety;

(l) A landscaping plan detailing the location, type, size, and extent of vegetative cover and landscaping to be utilized in the planned development; and

(m) A tree mitigation plan detailing an inventory of predevelopment trees by location, specie and size; and a depiction of the location and type, specie and number of replacement trees; and

(n) A municipal agreement or written agreement between the Township and the developer relating to the planned development.

F. General development plan approval procedure. The Land Use Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.

G. Effect of general development plan approval.

(1) The term of the effect of the general development plan approval shall be determined by the Land Use Board, which shall take into consideration the following factors in making its determination: the number of dwelling units and size of the land area, the prevailing economic conditions of the market, the proposed phasing schedule for the project and likelihood of its completing the proposed development, the specific contents of the general development plan, and any conditions which the Land Use Board attaches to its approval.

(2) The term of the effect of the general development plan approval shall not exceed five years from the date of final approval of the planned development.

H. Modifications to the general development plan.

(1) In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Land Use Board.

(2) If after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development, or to increase the density or floor area of residential development, or change the location of nonresidential land uses within any section of the planned development, the developer shall be required to gain the prior approval of the Land Use Board.

I. General development plan certification upon completion.

(1) Upon the completion of each section of the development, as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, completion of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of N.J.S.A. 52:27D-133. If the Township does not receive such notification at the completion of any section of development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with herein.

(2) If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.

(3) For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development, in accordance with the timing schedule set forth in the approved general development plan, and the developer has fulfilled all of his obligations pursuant to the approval.

J. Preliminary approval. All planned developments shall be subject to the development review procedures specified in this chapter and shall require preliminary approval of a subdivision plat and site plan in accordance with this chapter.

K. Fees and performance guaranties.

(1) The Land Use Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements or the conditions approved by the Land Use Board as part of the preliminary approval. All performance guaranties shall comply with the procedures and requirements for same as specified in this chapter.

(2) Application fees and escrow amounts set forth herein this chapter shall be paid or posted in a timely fashion as required.

(3) The amount of escrow fees required for conceptual, preliminary and final development plan approval shall be determined based upon the hourly fees of the consultant(s) hired.

(4) All required inspection fees shall be paid prior to the granting of approval of the final development plan.

§ 60-96 Planned Highway Business District development.

All commercial development within the PHB Planned Highway Business zoning districts shall comply with the following conditions:

A. Intent and purpose. It is the intent of this section to recognize existing highway business development activity along State Highways 40 and 56, locally respectively known as the Harding Highway and Landis Avenue, and to require any new development and the expansion, renovation or additional development of existing developments to plan said developments so as to accomplish the following purposes:

(1) To recognize the exceptional depth of lots located adjacent to the major state traffic arteries which have historically been zoned for highway business activity and which includes lots which are bisected by zoning district boundaries. Such lots require a higher level of planning to address issues of efficient and functional land use practices, continued viability of the adjoining traffic arteries and the continued highway business land use activities drawn to said areas due to the location of said traffic arteries;

(2) Preserve the traffic carrying capacity and safety of Routes 40 and 56, major arterial roadways, by reducing the number of openings onto said roadways and better coordination of their location as well as encouraging shared use of access drives by more than one site;

(3) To reduce and limit urban sprawl and strip development along the highway through more efficient use of the lands zoned for commercial development, the limitation of lands so zoned along the highway and to preserve the roadway as uncluttered with too numerous signs, lighting fixtures, multiple entrances and other similar roadside clutter; and to provide a visually appealing development which offers breaks in intense highway commercial activity thereby providing definition to development and more open areas;

(4) To require site planning for new and existing developments which analyzes how to utilize the entire parcel of land located adjacent to the major highway within said PHB Planned Highway Business Zoning Districts as opposed to just that portion of the lot which abuts the roadway frontage, through innovative, efficient design techniques to assure maximum use of the lands involved;

(5) To encourage the sharing of facilities, coordination of required services, improvements and amenities, and recognition of adjoining land use activities between lots which abut the state highways so as to advance and promote the above noted purposes; and

(6) To require the consideration of overall planning between different land uses seeking to maximize their proximity to these major traffic arteries and in so doing, advance orderly growth and development which increases development potential while protecting community character and site utilization for permitted commercial land use activities.

B. Special design requirements. All proposed commercial developments on lots abutting State Highway 40 in the PHB Planned Highway Business Zoning District shall comply with the following conditions:

(1) All lots shall have a minimum of 300 feet of frontage. In the case of existing lots, prior to granting a waiver the Land Use Board and applicant shall show diligent consideration to the possibility of sharing access with an adjoining property or the creation of a new street to permit such shared access.

(2) All lots shall attempt to provide shared services, facilities or amenities including site access with adjoining commercial developed lots. Such shared activities shall be in accordance with the provisions of Articles V and X and include such items as highway access, driveways, parking or loading areas, lighting, signs, utilities, landscaping and buffering or screening.

(3) All adjoining lots shall be interconnected, where possible, to discourage traffic from one site to go to another without having to reenter the state highway.

(4) Placement of structures, facilities such as parking or waste disposal areas, and other amenities shall be coordinated to permit possible future shared use or interconnection by locating same adjacent to similar areas on adjacent lots to the greatest extent practical.

C. Site plan details required. In addition to the requirements to be shown on a site plan as required by §§ 60-17 and 60-20, the following additional details shall be provided:

(1) Details of how the entire tract of land will be able to be utilized if the proposed new development, for which the site plan is being submitted, is to be located in just a portion of the property. Said details shall include how the entire lot or tract shall ultimately be accessed, provided with utilities, and not landlocked or wasted in terms of development potential since there is a finite amount of coveted, prime frontage along the state highways and how land use activities will interact due to zone changes and how adverse impacts will be mitigated or eliminated through use of planning design, buffering and landscaping or other techniques for land use compatibility.

(2) Location and orientation of proposed development shall be designed and shown to assure future expansion into unused portions of the lot or tract and show consideration to such future expansion in terms of vision from the highway access and sign placement and design to accommodate future uses on the lot or tract. Consideration shall be given to adjoining developments and its amenities' locations and ease of access for vehicular and pedestrian traffic between adjoining developments.

(3) Identification of existing land use on adjoining properties and specific site use areas, structures or utilities adjacent to the proposed development. To this extent, the site plan shall show all structures, utility locations, or site use areas such as buildings, wells, septic systems, utility lines or facilities, lighting facilities, parking or loading areas or driveways and vacant land within 20 feet of a shared property line.

(4) Details of shared services, facilities or access including parking, driveways, lighting, or signs as provided in Article V or X, or a statement detailing contact with adjoining property owners and why shared services, facilities or access is not possible.

(5) Details of why concern with the remainder of the lot is not justified due to physical features of the site that preclude further development such as the presence of environmentally sensitive lands.

D. Bonus density for shared use or interconnection. Any lots developed for commercial uses within the PHB Planned Highway Business Zoning Districts which shall show interconnection of properties or the shared use of structures, facilities or amenities as noted herein above and which are found acceptable to the Land Use Board shall be granted a 5% increase in lot coverage density.

E. The Land Use Board shall find that any proposed commercial development within the PHB Planned Highway Business Zoning District is in compliance with the provisions of this section or has submitted proof of the inability of meeting the requirements of Subsection B herein which is found reasonable to the Board.

§ 60-97 Planned residential cluster developments.

[Amended 12-29-2003 by Ord. No. 3-2003]

A. There are three permitted types of planned residential cluster developments, each of which is listed below and subject to standards set forth in this section. Planned residential cluster developments are permitted and in some cases required as set forth in the Schedule of District Regulations,[1] this section, and other applicable provisions of the Pittsgrove Township Land Use and Development Ordinance. The maximum residential lot yield in a planned residential cluster development shall be the number of lots that could be created using the applicable nonclustered minimum lot size for the parcel in question after excluding the areas occupied or proposed to be occupied by wetlands, wetlands transition areas, required agricultural buffers, drainage basins and other stormwater management facilities, and other use-restricted or environmentally sensitive areas as provided in this § 60-97. Areas occupied by wetlands, wetlands transition areas, required agricultural buffers, drainage basins, or other stormwater management facilities may not be considered for purposes of computing open space or overall cluster development density in any type of planned residential cluster development. Applicants are encouraged to apply initially for an informal review of any planned residential cluster development pursuant to N.J.S.A. 40:55D-10.1 before filing the subdivision application. The informal review application should include number of copies required by Checklist Schedule "A"[2] of plans (one inch equals 100 feet minimum) depicting the overall tract with the proposed street/lot configuration. The informal review plan should show open/wooded and environmentally sensitive areas along with any wellhead protection areas that exist on or overlap the site. Informal review applicants should also provide number of copies required by Checklist Schedule "A"[3] of a nitrate dilution model to verify that the cluster development will comply with the zoning requirements and will not negatively impact the groundwater quality. All of the above information must be included in all preliminary major subdivision applications for planned residential cluster developments.

[Amended 3-14-2006 by Ord. No. 3-2006; 12-8-2009 by Ord. No. 15-2009]

(1) Agricultural clusters. An agricultural cluster requires that a percentage of the tract involved be permanently preserved as farmland, or a combination of farmland and open space, which may include a percentage of environmentally sensitive lands if so permitted by this section.

(2) Agricultural/open space clusters. An agricultural/open space residential cluster development involves the preservation of both farmland and open space lands adjoining said farmlands, which may include a percentage of environmentally sensitive lands if so permitted by this section.

(3) Open space clusters. An open space residential cluster requires that a percentage of the land area of the tract involved be permanently preserved as open space and may include active or passive open space if so permitted by this section. Passive open space may include lands preserved for environmental sensitivity.

[1] Editor's Note: Said schedule is included at the end of this chapter.

[2] Editor's Note: Said checklist is included at the end of this chapter.

[3] Editor's Note: Said checklist is included at the end of this chapter.

B. Within the A Agricultural and RR Rural Residence Zoning Districts, all residential major subdivisions that create three or more new lots in addition to the remainder or reserved parcel must be configured and designed as one-and-one-half-acre minimum lot size agricultural cluster developments, although subdivisions in the A Agricultural and RR Rural Residence Districts may be approved as one-and-one-half-acre minimum lot size agricultural/open space cluster developments if:

[Amended 3-14-2006 by Ord. No. 3-2006]

(1) Along with farmland, the property involved also includes lands of a nature worthy of preservation, such as woodland, threatened or endangered species habitat, or some other environmentally sensitive areas.

(2) The farmland proposed for preservation is sufficient in size to be viable for farming, and the applicant proves that existing or proposed adjacent land uses are not a threat to that continued viability.

(3) The land to be preserved as either farmland and/or environmentally sensitive open space adjoins other similar lands, thereby providing a basis for preservation of significant acreage and justifying protection through agricultural/open space cluster development.

(4) The applicant either proposes 20 or fewer lots, thereby reducing the need for active open space facilities on site, or requests permission to make a contribution in lieu of providing recreational facilities on site.

C. All agricultural, agricultural/open space, and open space cluster developments must provide for land area comprising no less than 50% of the total tract be set aside and deed-restricted as preserved acreage for farmland preservation, conservation, or open space and recreation.

[Amended 3-14-2006 by Ord. No. 3-2006]

(1) In the case of a proposed agricultural planned residential cluster development to be located on or adjacent to actively farmed and/or lands qualified for farmland assessment, up to the full 50% of the required lands to be set aside and deed restricted shall be for agricultural preservation. In the case of a proposed agricultural/open space cluster, not less than half of the preserved lands shall be farmland while the remaining amount may be environmentally sensitive lands, excluding wetlands, wetlands transition areas and required agricultural buffer areas. Farmlands to be preserved shall have their development rights deeded to the Township of Pittsgrove. In the case of said development rights for conservation or open space purposes, said lands shall be maintained and protected for the stated purpose by specific binding agreements between the applicant and the Township of Pittsgrove and shall be required to be maintained by the homeowners' association of the planned open space residential cluster development. Said homeowners' association shall be found satisfactory by the Planning Board in accordance with the provisions of § 60-42M, Homeowners' association.

(2) Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of the above-referenced minimum open space or agricultural land set aside. If an agricultural buffer is required to be established as per § 60-42E(7), said buffer area may not be included in the minimum 50% set-aside requirement. No portion of the land to be set aside for farmland preservation and not considered to be environmentally sensitive shall be of a size, shape, and width to make it infeasible for its continued use for general purpose agriculture or meaningful habitat or viable open space lands. Viable open space lands shall mean that protection, preservation and continued safe and healthy existence is possible for the particular environmental sensitivity of the land involved given any proposed development. For example, construction of roads near wildlife habitat, which might disturb said wildlife or location of stormwater management facilities so that natural conditions are altered detrimentally to an environmentally sensitive area.

(3) Land to be set aside for farmland preservation should be located adjacent to other farmland and sensitive lands, to the extent practical, and to other environmentally sensitive lands as shown on the adopted Township Master Plan. The Planning Board shall review the design of the development to assure that this requirement is met to the greatest extent possible with the aim of attempting to form meaningful and useful clusters of specific types of land preservation. Open space or recreational lands required shall comply with the provisions of Subsection C(4).

(4) The Planning Board may permit noncontiguous lands of an environmentally sensitive nature to meet the nonactive open space requirements for an open space planned residential cluster. In determining whether or not to permit noncontiguous lands to meet the open space requirement, the Planning Board shall be guided by the following considerations:

(a) If the proposed development is part of an active farming operation, then either the open space requirement should be met by the preservation of farmland and/or environmentally sensitive lands on said farm that are either contiguous or noncontiguous to the proposed development area.

(b) If the applicant submits reasons why preservation of lands of the farm on which the proposed planned residential cluster is to be located is not possible or practical and the Board finds said reasons factual and in the best interest of protecting the farming operation, then it can consider permitting the open space requirement to be met by noncontiguous lands.

(c) In considering noncontiguous lands, the Board shall give priority, in the following order, to:

[1] Active agricultural lands designated for farmland preservation by the Salem County Agricultural Development Board;

[2] Other existing agricultural lands;

[3] Areas identified as the habitat of endangered species of animals or plants;

[4] Areas of importance to water supplies or stream corridors; or

[5] Other open areas of woods or fields.

(d) If the land to be preserved to meet the requirement of the open space reservation is not active farmland, then as a guide the amount of land required to satisfy the requirement for open space shall be based on the following formula provided that an independent appraisal shall be required to confirm the value of the lands being proposed as noncontiguous open space is equal to the value of upland farmland. For noncontiguous lands, each one acre of required open space shall be equal to:

[1] Two acres of areas identified as the habitat of endangered species of animals or plants;

[2] Two acres of upland woodlands; and/or

[3] Two acres of lands related to groundwater supply protection.

(5) The location of proposed lots, streets, utilities and active recreational areas shall also be adjacent to other similar developed areas to the greatest extent possible thereby maximizing the clustering of development in the area. Proposed development layout or design shall be found to meet this requirement as a condition of attaining approval.

(6) Subsection E of this section and § 60-57 shall apply to an agricultural, agricultural/open space or open space planned residential cluster developments. An area required to be established as a buffer by this section shall remain as permanent open space although it may not be counted as part of the required minimum open space for a planned residential cluster development as set forth herein.

D. Planned open space residential cluster developments as permitted in the Schedule of District Regulations in accordance with the following regulations shall require an environmental impact statement as per § 60-38, Checklist E, Environmental Impact Statement.[4]

(1) Land area equal to a minimum of 50% of the total tract of land proposed for development shall not be included in lots, but shall be set aside for conservation, open space, recreation and park areas or other public purposes. Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, buffer strips and loading areas, wetlands and wetlands transition areas, and areas used for drainage facility basins shall not be included as part of the above-referenced 50%.

(2) Not more than 50% of the total open space saved as per Subsection D(1) above shall be located in one or more of the following: areas with a slope greater than 10%, wildlife habitats or other areas deemed unsuitable for development and recreational purposes due to environmental reasons as made evident by the review of the environmental impact statement required.

(3) At least 25% of the total open space saved shall be used for one or more of the following active recreational purposes: golf courses with accompanying clubhouses and facilities, swimming pools and cabana clubs, tennis, badminton, volleyball and basketball courts, playing fields, riding clubs, limited membership outdoor recreational areas, or private landscaped areas.

(4) The remaining portion of open spaces saved shall be permanently devoted to one or more of the following open land uses: parks or playgrounds, woodland conservation areas, game preserves, wildlife refuge, pedestrian walkways, bicycle paths and bridle trails, stream preservation, and watershed protection or flood control areas. An application for a planned residential cluster development shall clearly identify all open space areas and its proposed land uses.

(5) Wetlands or wetlands transition areas shall be subtracted before making computation for meeting density and open space requirements for any open space planned residential cluster development as provided herein.

(6) All of the land so required to be preserved for open space as set forth above shall be under the supervision of a homeowners' association required for planned residential open space cluster developments along with any areas required for provisions of required improvements.

[4] Editor's Note: Said schedule and checklist are included at the end of this chapter.

E. Provisions made within any planned residential cluster development for open space and recreational areas shall be reviewed, found adequate and approved by the Planning Board. In its review, the Planning Board shall investigate the size of parcels devoted to open space and recreational areas, their location within the project, the topography, the uses contemplated upon such open space and recreational area, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels or facilities, traffic flows to and around said parcels, the ecological impact of their placements, development and use, the staging or timing of the open space or recreational area development, and how various categories or recreational facilities or open space and their location will be proportionally related to the staging of the development of housing units, if such staging is proposed. The Planning Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items to be reviewed in determining their conformity with the provisions of this chapter, the adopted Township Master Plan, and any other plans or regulations applicable or relevant to the lands involved. The provisions made shall be deemed adequate if the Planning Board determines that:

(1) Portions of the open space and recreational areas are readily accessible to all residential dwelling units.

(2) The uses being designated for open space and recreational areas are reasonably related to and appropriate and sufficient to meet the needs of the project's residents for a variety of uses appealing to all socioeconomic levels and age groups.

(3) The uses designated for open space and recreational areas will be functional upon the arrival of the residents who will use them.

(4) The topography and environmental character of the land is suitable for the uses proposed, and the uses will not cause unreasonable adverse impacts to the ecology of the area incapable of being mitigated.

(5) The open space and recreational areas are conveniently and appropriately designed with regard to the project's pedestrian and vehicular traffic patterns, to provide adequate access to, in, around and from the uses proposed.

F. While nothing herein contained shall be deemed to require that, as a condition of development approval, a developer must make available lands for public use which are proposed for open space and recreational areas, the Township may, at any time and from time to time, accept the dedication of said land(s) or any interest therein for public use and maintenance where a free and noncoerced offer is made by the developer or owners of said land(s). That said offer is free and noncoerced shall be established on the record of any public meeting wherein said offer is made. To this extent, the requirement of setting aside open space for a cluster development shall not be deemed to requiring that said lands be dedicated to or in any way controlled by the Township. When lands are offered to the Township, the following requirements shall be met:

(1) Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways, roadways, driveways and landscaping in order to qualify the lands for acceptance by the Township.

(2) Any land offered to the Township shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended.

(3) The lands offered to the Township shall be subject to review by the Planning Board, which in its review and evaluation of the suitability of such land, shall be guided by the adopted Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan for the community's recreational and open space needs, and by the accessibility and potential utilization of such lands by the public. The Planning Board may request an opinion of other public agencies or individuals as to the advisability of the Township's accepting any lands to be so offered. In making this evaluation, particular consideration shall be given to the impact of public access to proposed open space or recreational lands upon the residents of the cluster development and surrounding residentially used lands.

(4) Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at time of submission of the final plan to the Planning Board for review and approval or, if after approval, when offered by the owner after and prior to formal acceptance by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the conditions noted above pertaining to the use of such areas. Should the subdivision or development consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be offered to the Township simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

(5) The minimum size of each parcel offered to the Township shall be five acres.

(6) Nothing herein shall be construed or intended to imply that the governing body of the Township is required to accept lands so offered, except that the governing body when considering acceptance of such lands shall take into account the findings of the Planning Board.

G. All cluster developments shall be considered to be planned developments and major subdivisions subject to subdivision review and approval as set forth in § 60-20. In case of a cluster development, application requiring a conditional use permit shall be subject to § 60-42U and the Planning Board shall find that:

(1) The proposed development, its design and layout, and its size will not be detrimental to the surrounding neighborhood or to the intent and purposes of this chapter or the adopted Township Master Plan. Furthermore, the design shall be such that the use of the clustering achieves maximum benefit in the use of land, preservation of open space and good development design principals and techniques;

(2) An environmental impact statement has been required, reviewed and found to determine that as proposed, the development will not unreasonably adversely affect the environment of the lands upon which it is to be located or those adjacent thereto, or to create reasonably demonstrable adverse impacts off site; and

(3) Cluster development as proposed will create a residential project harmonious with its environment and surrounding development.

H. All open space planned residential cluster developments shall require the establishment of a homeowners' association as is provided for in § 60-42M to own, manage, maintain and use any open space created or established as per the provisions herein the section, and the Planning Board may require the establishment of said homeowners' association in connection with an agricultural/open space planned residential cluster development where it deems same appropriate to the proposed situation.

§ 60-98 Professional or business office center.

Professional or business office centers may be established in accordance with the provisions of the Schedule of District Regulations[1] and subject to the following requirements:

A. Any such center shall be designed as a whole or complete complex with all structures or units having a uniformity of design and bearing architectural and aesthetic relationship to each other when more than one structure is proposed.

B. Such centers may provide office space to insurance companies, banks, financial institutions, businesses and industries, professional corporations or associations, partnerships or individuals, including but not limited to lawyers, doctors, dentists, architects, land surveyors, engineers, planners or other recognized professions, brokerage firms, real estate firms or other companies, firms or operations requiring office space.

C. In addition to providing office space for such uses as those set forth in Subsection B herein this section, space may also be provided for such accessory uses to the offices as follows: eyewear sales and repair services, newsstands, a restaurant or food takeout service primarily serving the needs of the complex's occupants and their patrons, a drug store, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily associated to the offices located within such a center. The size and location of a specific accessory use shall be determined by the Land Use Board, and such uses shall be designed primarily to serve the needs of the center's occupants and patrons and not the general public. All such accessory uses shall, however, when permitted, conform to all standards set forth in this chapter related to the type of use proposed.

D. The parking and loading areas, common grounds or yard area and other common facilities shall be held in common ownership either by the owner of the center or by tenants and owners' associations responsible for their upkeep and maintenance. Such associations' bylaws, articles of incorporation and other pertinent documents related to these issues shall be subject to review and approval of the Land Use Board as would a homeowners' association in the case of a residential development. Such organizations shall be subject to the same requirements as set forth in § 60-42M.

E. No residential use shall be permitted in connection with a professional or business office center except in the case of nursing, convalescent or assisted-living facilities which may be established as separate structures within a professional office center development.

F. All office centers having offices on a second floor or higher shall have at least one elevator per structure.

G. Parking and loading facilities required in connection with a professional or business center shall be determined by the total number of office units available and the type of uses said units will serve according the provisions of §§ 60-79 and 60-80.

H. All such centers shall be suitably landscaped, and all parking areas and pedestrian walkways shall be well lighted. When located adjacent to an arterial and/or major collector road as identified in the Township's adopted Master Plan, parking areas shall not be located, to the greatest extent possible, between said center's structure(s) and the street right-of-way lines of any such arterial or major collector roadway. Buffering shall be required of sufficient density and width to reduce the glare of vehicle lights or noise from the center to cause a nuisance to adjoining properties or road right-of-ways.

I. In determining whether or not to permit the development of such a center, the Land Use Board shall be guided by the amount of existing office space available in the area and the cost of said space in order to determine if a need for such space exists. The developer may be required to submit a detailed needs survey and report with market analysis in order to justify such a center's establishment. Failure to reasonably so justify shall be cause for denial of the application.

J. Not more than 25% of the total floor area of any such center shall be occupied by nonoffice uses at any one time, nor shall more than 50% of the ground floor of any structure within a center be occupied by nonoffice uses. This requirement is intended to assure that said center remains primarily a professional or business office center and not a planned commercial center or shopping center. In addition, the display of products from any structure in a planned office center shall be primarily aimed at persons walking alongside of said unit or structure and not readily visible or designed to attract the attention of persons traveling along adjacent roadways since all nonoffice uses are intended to serve as accessory uses.

[1] Editor's Note: Said schedule is included at the end of this chapter.

§ 60-99 Public utility for essential service.

Public utilities for essential services shall be considered to be the facilities, buildings or equipment sheds, pumping or lift stations, well houses, transmission lines and/or other equipment and lines of utilities which are necessary to provide an essential service to an area of or through the community. The following are not considered to be public utilities for essential services as regulated by this section: generating plants, waste incinerators, treatment plants for water and/or waste, landfills, maintenance yards or storage/parking areas for vehicles, containers, equipment or supplies, or similar uses or structures. All public utilities for essential services shall comply with the following conditions:

A. In addition to site plan review requirements as provided in §§ 60-17 and 60-20, the applicant for construction of an essential service shall submit the following information:

(1) A statement indicating the need and purpose of the installation.

(2) Proof shall be furnished that the proposed installation in the location specified is necessary for the efficient and convenient operation of the public utility or essential service involved and for the satisfactory and convenient provision of service to the neighborhood or area in which the use is to be located.

B. The design of any building in connection with a public utility for essential service shall conform to the general character of the area in which it is to be located. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties.

C. Adequate screening and buffering shall be provided in accordance with § 60-42E(7) for all such uses to prevent glare or noise beyond the limits of the parcel and to screen equipment or other appurtenances from adjoining agricultural or residential properties.

D. In the case of electric power substations and/or transmission lines and their accessory static poles (lightening poles), transmission towers, or other component equipment customarily incidental and necessary to such facilities they shall be permitted and the maximum height of such accessory uses and structures shall be 100 feet or as provided in the National Electric Safety Code, whichever is less. Such maximum height increase shall only be for equipment or components necessary and accessory to the transmission of electric power. Antennas, communications towers or any other equipment or structures not involved in the transmission of electric power shall comply with the maximum height limitations of the zoning district in which they are located.

E. If the structure or facility will periodically require servicing or regular visits by utility personnel, then driveways, sidewalks, sight triangle easements, curbing or other improvements shall be installed in accordance with the provisions of Article V herein.

F. If relevant to the type of structure or facility proposed, appropriate lighting, fencing and security measures shall be required and detailed as part of the site plan submission required for conditional use applications in order to insure that said public utility for essential service is secure from children and animals.

§ 60-100 Recycling facilities.

A. There shall be included in any new multifamily housing, commercial or industrial development that requires subdivision or site plan approval, an indoor or outdoor recycling area for the collection and storage of site-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator and shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Pittsgrove Township Master Plan adopted pursuant to N.J.S.A. 40:55D-28.

B. The recycling area shall be conveniently located for the site occupants' disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse container or bin.

C. The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

D. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with signs indicating the materials to be placed therein.

E. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

F. Landscaping and/or fencing with appropriate screening or buffering shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner in compliance with the provisions of this chapter.

G. The approving authority granting subdivision or site plan approval for any multifamily housing development or commercial or industrial development shall impose such conditions as necessary to ensure maintenance, repair and replacement of the recycling facility and that the recyclable items collected in the development will be disposed of in accordance with the Township recycling ordinance[1] by a single person or entity having responsibility for such disposal.

[1] Editor's Note: See Ch. 83, Art. III, Recycling.

§ 60-101 Roadside stand or artisan's display.

Roadside stands or artisan's displays as defined in § 60-4 may be established as provided in the Schedule of District Regulations[1] and according to the following standards:

A. Roadside stand. Any property whereon farm produce or plants are grown may establish a roadside stand as provided in the Schedule of District Regulations[2] and subject to the following conditions:

(1) The parcel proposed for development has road frontage of at least 100 feet with one defined entrance/exit from the road which conform to the provisions of § 60-42Z(4) herein this chapter;

(2) The stand shall be maintained in good repair on a well-kept site and shall maintain no display of goods closer than 40 feet to a road right-of-way line and shall supply adequate on-site parking area;

(3) The maximum sales area of the establishment shall not exceed 5,000 square feet;

(4) A minimum of 30% of the produce sold in said market shall be grown on the property whereon the stand is located and the sale of live animals or poultry shall be prohibited;

(5) A maximum of three temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. Additionally, 48 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof. All signs permitted in connection with roadside stands shall conform to the provisions of § 60-82.

[2] Editor's Note: Said schedule is included at the end of this chapter.

B. Artisan' display. An area may be established to display the products, artwork, crafts or work of an artist, artisan or craftsperson on the property of their studio or workshop. Such a display may be permitted in the case of a home occupation according to the provisions of § 60-77 and notwithstanding the provisions of § 60-77A, provided that the items displayed are made on site and are deemed by the Zoning Officer as the work of the artist, artisan or craftsperson residing and/or working at that location. Such an area shall comply with the following regulations:

(1) A display shall be designed and limited in size and scope to offering examples of the work which is undertaken at the site and/or is for sale thereon. It can take the form of a small table, showcase or step-like platform showing products or the hanging of items from a clothesline, rack or roof, ceiling or gables of a front porch. Such a display shall not exceed 10 by 12 square feet in area. No items shall be so displayed unless the owner thereof is present and open for business except where a showcase is permanently established and items displayed therein are kept secure.

(2) No additional signs shall be permitted since the purpose of allowing the artisan's display is to advertise the products made there and for sale.

(3) No self-standing display separate from a structure shall be located closer than 10 feet of any right-of-way or 30 feet of an adjoining property line, nor shall it be located at the intersection of a driveway and/or roadways in such a way as to create a problem for driver vision obstruction and shall comply with § 60-42CC.

(4) No display of goods or products not made on-site by a resident artist, artisan or craftsperson will be permitted in an artisan's display as permitted by this section.

(5) Illumination of a display shall be permitted provided that it not cause glare to adjoining properties or roadways and shall not be of an intensity greater than necessary to permit display and provide security.

[1] Editor's Note: Said schedule is included at the end of this chapter.

§ 60-102 Rural residence.

It is the intent of this section to permit the use of lands currently zoned for agricultural use for residential purposes when it can be reasonably demonstrated to the satisfaction of the Land Use Board that the lands involved are not suited to agricultural use upon which said residence is proposed to be constructed. The subdivision of such lands and development thereon of a single-family detached residential dwelling may be permitted only in accordance with the following conditions:

A. Any parcel to be used for a rural residence shall be a minimum of 1.5 acres in size and be suitable for such residential use, which shall mean be environmentally suited to the use proposed. The Land Use Board in considering a subdivision application for a rural residence use may require more or less where conditions existing conditions warrant such increase or decrease in lot size. Conditions that the Board may find to justify an increase in the above-noted minimum one-and-one-half-acre lot size include, but are not limited to:

(1) The presence of wetlands or soils unsuitable to development on 25% or more of the proposed lot;

(2) The land involved is well-suited to residential developments including on-site provision of sanitary waste disposal and water supply and the presence of adjoining lots of smaller lot size.

(3) Provision of the agricultural buffers as specified in § 60-42E(7).

B. One of the following three conditions shall be met by the application submitted:

(1) The land to be utilized is not classified as prime farmland eligible for preservation as identified by the Salem County Agricultural Development Board.

(2) The land in question is not found to be suitable to farming or other agricultural uses due to one or more of the following reasons, but are not limited to:

(a) Shape of the parcel;

(b) Acreage owned;

(c) Significant adjacent development not related to agricultural purposes or activities and which would make farming of the parcel proposed for subdivision difficult or less economically feasible;

(d) The parcel involved has never been farmed; and

(e) Some other circumstances or factors which make farming or agricultural activities not suited to the parcel in question.

(3) The creation of a lot for construction of a rural residence on land which is currently being farmed or which was farmed in the past two years will not be allowed.

C. Not more than two rural residence lots shall be permitted within a three-year period, regardless of the ownership of the land in question.

D. The rural residence lot to be created will be located on an improved, public roadway, and no new road shall be constructed in connection with said subdivision.

E. The yard and setback requirements for a residence when an accessory use to a farm and as set forth in the Schedule of District Regulations[1] shall apply to a rural residence along with all other applicable sections of this chapter, including subdivision and site plan review as required by § 60-20.

[1] Editor's Note: Said schedule is included at the end of this chapter.

F. A rural residence lot shall be subject to the requirement of the provision of an agricultural buffer as provided for in § 60-42E since the lot, once created, may be sold and thereby raising the possibility of conflicts between the residential and the agricultural uses. In the case of a rural residence, the farm owner/applicant may be permitted to establish the buffer area on the farm property around the proposed rural residence lot, if justification for doing so is found reasonable by the Land Use Board.

§ 60-103 Sexually oriented businesses.

A. Declaration and findings of policy; scope.

(1) Whereas, sexually oriented businesses are a serious hazard to the public health, welfare, safety and quality of life; and whereas, sexually oriented businesses have a demonstrable deleterious effect on both the existing businesses and surrounding residential areas; and whereas, sexually oriented businesses create an atmosphere which is inimical to the values of this significant segment of the Township's population; and whereas, sexually oriented businesses, when located in close proximity to each other, contributes to urban blight and downgrade the quality of life in the surrounding areas, now, therefore, it is the policy of the Township of Pittsgrove to regulate sexually oriented businesses, to protect the public health, welfare and safety and the quality of life.

(2) This section shall apply to the regulation of sexually oriented businesses within the limits of the Township of Pittsgrove.

B. Location of sexually oriented businesses.

(1) A person violates this section if he operates or causes to be operated a sexually oriented business within one mile of:

(a) Place of worship.

(b) Any school, whether public or private.

(c) A boundary of a residential zoning district as defined and shown on the Zoning Map of the Township of Pittsgrove which is included as a part of this chapter.[1]

[1] Editor's Note: The Zoning Map is on file in the Township offices.

(d) Any other sexually oriented business.

(e) A public building or park.

(2) Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use or another sexually oriented business.

C. Development standards.

(1) Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township of Pittsgrove, including, but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book and/or film storage areas.

(2) Parking shall be provided at a ratio of one square foot of parking for every square foot of building area. Such parking shall be paved, striped and appropriately marked and otherwise complying with all existing requirements for off-street parking plan and design standards. In addition, all parking spaces shall be linked in an internal circulation system with one access and one egress point to and from the subject's site. No parking shall be allowed within the buffer area designated in this section.

(3) All off-site improvements, such as curbs, gutters, sidewalks, drive approaches, lighting, landscaping and street trees shall be provided as required by the Land Use Board.

(4) The interior of the bookstore or adult facility shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular stations.

(5) Lobby and entrance areas should be designed so as to minimize obstructions of sidewalks during operating hours.

(6) Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic; and such displays shall be considered signs.

(7) No outdoor loudspeakers or sound equipment audible to the exterior of the structure housing the sexually oriented business shall be used for adult bookstores, adult motion-picture theaters or adult mini-motion-picture theaters, as defined herein, and shall be evaluated subject to the following controls.

(8) All of the above items listed in this subsection shall be evaluated subject to the following controls:

(a) Minimum site size: The minimum site size shall be two acres, with a minimum width of 400 feet.

(b) Lot coverage. Coverage of the lots by the principal building shall not exceed 5% of the total site area.

(c) Building height. Maximum height of the building shall not exceed 2 1/2 stories or 35 feet.

(d) Buffer area. At a minimum, and except where otherwise noted, there shall be a buffer area of 100 feet around the entire perimeter of this site. This area shall be landscaped with a double alternating row of evergreen trees, six feet in height at time of planting, spaced eight feet on center. Such trees shall augment natural landscaping. In the event that natural landscaping is not available around the site, then additional landscaping shall be provided in the form of another alternating row of evergreen trees as prescribed herein.

(e) Building setback. The principal building shall be set back 150 feet from any road or front property line.

(f) All trash, refuse, articles or any matter to be disposed of shall be shredded or cut in such a fashion so that the remains shall not be readable, legible or discernible.

(g) Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:

[1] In the construction of all walls and partitions in all rooms or booths, material of not less than one hour fire-resistant time shall be used.

[2] All aisles in such establishments shall be less than 50 inches in width.

[3] The light level in such establishments shall not be less than 10 footcandles at floor level.

[4] In every room of such establishments, there shall not be fewer than two lighted exits within the constant and unobstructed view of the occupants, which exits shall lead directly to the outside of such building.

(h) Single use. No building, premises, structure or other facility that contains any adult establishment shall contain any other kind of adult establishment. No building, premises or structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult establishment.

D. Use regulations.

(1) No person under the age of 18 years shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.

(2) Hours of operation shall be no earlier than 9:00 a.m., nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually oriented businesses shall be closed on Sundays.

§ 60-104 Studio or workshop.

A studio or workshop may be located as an accessory or principal use set forth herein this section and as permitted in the Schedule of District Regulations[1] based on compliance following conditions and/or regulations:

A. A studio or workshop established in conjunction with a home occupation shall be considered an accessory thereto the home occupation and comply with the setback and coverage requirements for accessory uses as set forth in §§ 60-58 and 60-73. When established as the principal use of a property, then said studio or workshop shall be considered as a principal retail or commercial use as provided in the Schedule of District Regulations[2] for the zoning district in which it is located, and would be subject to site plan review.

[2] Editor's Note: Said schedule is included at the end of this chapter.

B. When permitted, a studio or workshop shall not be created as a separate structure if more than two accessory structures exist on the lot involved. In such a case, the studio or workshop must either be located within the principal or one of the accessory structures or be attached thereto provided that it meets all the setback requirements for the zoning district in which it is located. When said studio or workshop is a freestanding structure, it shall be provided with access to the roadway upon which the property involved abuts.

(1) The studio or workshop may be either a principal use or an accessory use to a residential use or farm in the A Agriculture, RR Rural Residence or B-1 Neighborhood Business Zoning Districts. In all other residential zoning districts where permitted according to the Schedule of District Regulations,[3] a studio or workshop shall be an accessory use to a residential dwelling and may be related to a home occupation as provided for by § 60-77.

[3] Editor's Note: Said schedule is included at the end of this chapter.

(2) There shall be at least 1.5 or more acres of land involved in the lot whereon the studio or workshop is to be located.

(3) Setbacks shall not be less than required for the zoning district in which said use is to be located and § 60-73 shall not apply.

(4) The type of activity, craft, art or other pursuit to be undertaken within said studio or workshop shall be determined by the Land Use Board to be consistent with the residential character of the adjoining properties the use of lands and accessory building thereon. The Board may impose additional setbacks, buffering, times of activity or use of said studio or workshop, access to it by nonresidents of the residence of which it is accessory, or other requirements to meet this determination.

C. A studio or workshop that will be utilized for the sale of products or the gathering of people for classes, activities or shows shall provide additional parking to accommodate said additional use. If the public is to be admitted to the studio or workshop on a regular basis as noted herein above, then the studio or workshop shall have pedestrian accessways connecting the studio or workshop to any parking area and/or the street. Lighting and handicapped accessibility shall also be provided.

D. A studio or workshop shall be designed, equipped and operated in such a way as to prevent noise, smoke, dust, fumes, glare or other nuisances from the activities conducted inside. When located within a residentially zoned area, the studio or workshop shall not be opened to the public before sunrise or after sunset except for classes or special events like recitals or shows held within the studio or workshop structure. Such special events shall not be held more often than once in any calendar quarter of the year.

E. No studio or workshop established as part of a home occupation shall exceed a height of 35 feet, nor shall it exceed the permitted square footage for an accessory use of a home occupation. Setback dimension for home occupation studios or workshops shall comply with those permitted for a garage in the zoning district in which they are located. For all other studios or workshops, maximum and minimum dimensions and setbacks shall be set forth in the Schedule of District Regulations.[4]

[4] Editor's Note: Said schedule is included at the end of this chapter.

F. When permitted as a conditional use, the studio or workshop shall meet the following criteria:

(1) The studio or workshop structure shall be located on the property in such a way as permits safe movement of traffic to and from the site onto the adjoining roadway; does not create conflicts of use with adjoining properties; or which is located in such a way as to cause adverse impact on environmentally sensitive land on site or adjacent to the property upon which the proposed studio or workshop is to be located. The Land Use Board may impose increased setback from property lines, street right-of-way lines or environmentally sensitive areas, impose more restrictive buffer or screening requirements, reduce or limit hours of operation, or such other reasonable conditions to minimize or eliminate such conflicts.

(2) The site whereon a studio or workshop is to be located shall be able to accommodate all improvements as required by this chapter without exceeding lot coverage requirements or the provision of good site design as set forth in this chapter.

(3) The proposed work or activity to be undertaken in the studio or workshop and the conducting of such work or activity and hours of operation will not be found detrimental to the intent of this chapter with regard to permitted uses within any zoning district where said use is proposed.

(4) The proposed conditional use will not exceed the permitted number of nonresident employees permitted for a home occupation as provided in § 60-77, nor otherwise exceed the limitations set forth in said § 60-77 regarding operation of a home occupation including, but not limited to, parking, outdoor storage, signs and type of commercial activity proposed.

[1] Editor's Note: Said schedule is included at the end of this chapter.

§ 60-105 Alternative energy generator facilities.

[Amended 9-22-2010 by Ord. No. 3-2010]

Alternative energy generator facilities may be installed as accessory structures/uses in all zoning districts subject to the following conditions:

A. Alternative energy generator facilities are subject to the following requirements:

(1) The alternative energy generator facility must be an accessory structure/use relative to the principal structure/use at the lot on which it is located. The primary purpose of the alternative energy generator facility must be to provide electrical power to and for the principal structure/use of the lot on which it is located. Only one alternative energy generator facility may be installed per lot, although a single alternative energy generator facility may be comprised of a combination of one or more rooftop-mounted and/or ground-based solar energy generator facility structures, and may also include no more than one wind energy generator facility structure.

(2) Except as otherwise provided in Subsections B and C, below, an alternative energy generator facility must conform to all applicable accessory use or structure requirements set forth in the Schedule of District Regulations[1] for the zoning district(s) in which the lot is located, based on the principal use or structure that the alternative energy generator facility serves (provided that rooftop- or wall-mounted alternative energy generator facilities and their component structures must comply with the requirements applicable to the structure on which they are mounted). Additionally, no freestanding or ground-based alternative energy generator facility or component thereof may be located between the principal use or structure on the lot and any street line of the lot unless the freestanding or ground-based alternative energy generator facility is set back no less than 150 feet from all street lines of the lot and the lot meets all width and frontage requirements of the zoning district(s) in which the lot is located.

[1] Editor's Note: Said schedule is included at the end of this chapter.

(3) No alternative energy generator facility or component thereof may display signs or advertising; nor may an alternative energy generator facility or component thereof display words, numbers, or symbols that are visible from any adjoining lot line or street line.

(4) No alternative energy generator facility or component thereof may be artificially lighted.

(5) All structures and equipment comprising an alternative energy generator facility must comply with applicable building and construction code requirements.

(6) All equipment and wires relating to the alternative energy generator facility must be located on the same lot as the principal structure/use.

(7) All wiring from the alternative energy generating facility or components thereof to the principal structure/use's grid connection must be installed within or along the walls of the principal structure (in the case of rooftop-mounted solar energy generator facility structures), or underground (in the case of wind energy generator facility structures, or freestanding or ground-based solar energy generator facility structures).

(8) All alternative energy generation equipment installations . whether or not subject to site plan or other Planning Board approval, shall require a zoning permit application clearly stating that the applicant proposes to construct and use a Class I renewable energy generating facility which 1) will supply wind- or solar-generated electric energy on the customer's side of the meter pursuant to the net metering requirements of N.J.A.C. 14:8-1.1, et seq.; 2) will be certified pursuant to N.J.A.C. 14:8-5.3; and 3) will be subject to a Level 1, 2 or 3 Interconnection Application/Agreement of which Part 1 has been completed, approved and signed by the customer-generator and the electric distribution company (EDC), and of which Part 2 will be completed, approved and signed by the customer-generator and the EDC. The application must include a copy of Part 1 of the Level 1, 2 or 3 Interconnection Application/Agreement that has been completed, approved and signed by the customer-generator and the EDC. The application must also include a plan of the lot and other documents and materials that confirm compliance with this section and all other applicable requirements of this Chapter 60, which plan, documents and materials must depict and include:

[Amended 4-25-2012 by Ord. No. 3-2012; 2-14-2012 by Res. No. 2012-05]

(a) All lot lines and street lines.

(b) Location, dimension and types of all existing and proposed structures on the lot.

(c) Location, dimensions and type of all wind- and/or solar-energy-generating facility structures and other components of the proposed alternative energy-generating facility.

(d) Any trees over eight inches in diameter as measured at a point four feet from the ground which will be removed from the lot (all applications are subject to § 60-76H with regard to proposed tree removal).

(e) Drawings, specifications, and other information as may be necessary to confirm compliance with all applicable building and construction codes, and other regulatory and technical requirements.

(f) If an alternative energy generator facility includes a wind energy generator facility structure, a certification by a New Jersey licensed engineer confirming that it will conform with the fifty-five-decibel sound limit set forth in Subsection B(8), below.

B. Each alternative energy generator facility that includes a wind energy generator facility structure must meet the following additional standards:

(1) A minimum lot size of three acres is required.

(2) The wind energy generator facility structure must be freestanding, ground-based, and inaccessible to the general public.

(3) No more than one wind energy generator facility structure may be installed or constructed at any lot; however, a wind energy generator facility structure may be installed or constructed on the same lot with one or more solar energy generator facility structures as part of a single alternative energy generator facility.

(4) The wind energy generator facility structure must be set back from all lot lines and street lines a distance of no less than 150% of the height of the wind energy generator facility structure, or a distance that conforms to the applicable minimum yard setback requirement, whichever is greater.

(5) No wind energy generator facility structure may exceed 80 feet in height at its highest point, regardless of whether the highest point is the "total wind turbine height" as defined in this chapter, or the highest point of the support structure, nacelle, vane, or any other component of the wind energy generator facility structure.

(6) All components of wind energy generator facility structures must be made of corrosive-resistant material or have a corrosion-resistant coating.

(7) All wind turbines or other circulating or moving components of wind energy generator facility structures must be painted a nonreflective color.

(8) Except during periods of wind speed measuring 55 miles per hour or more (10 or higher on the Beaufort scale) the sound levels for wind energy generator facility structures shall not at any time exceed 55 decibels as measured from any lot line or street line of the lot on which the wind energy generator facility structure is located. Conformance with this requirement must be confirmed based on technical specifications by certification of a New Jersey-licensed professional engineer pursuant to Subsection A(8)(b)[6], above, as part of any zoning permit application for an alternative energy generator facility that includes a wind energy generator facility structure.

C. Each alternative energy generator facility that includes one or more solar energy generator facility structures must meet the following additional standards:

(1) Rooftop-mounted solar energy generator facility structures:

(a) May not exceed the height limitations applicable to the building on which they are located.

(b) May not extend beyond the roof edge at any point.

(2) Ground-based solar energy generator facility structures:

(a) Must be set back a minimum of 40 feet from any rear or side lot line in any zoning district, or any greater minimum setback distance as may be required by the applicable Schedule of District Regulations[2] for the proposed alternative energy generator facility as an accessory structure/use to the principal structure/use it will serve.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

(b) May not exceed 15 feet in height.

D. A zoning permit issued upon review and approval of the above requirements shall be conditioned upon the Zoning Officer's receipt, prior to interconnection, of Part 2 of the Level 1, 2 or 3 Interconnection Application/Agreement, which has been completed, approved and signed by the customer-generator and the EDC. Interconnection and operation of an alternative energy generator facility prior to the Zoning Officer's receipt of such completed, signed Part 2 agreement is prohibited and shall constitute a zoning violation subject to penalties as provided in § 60-112.

[Added 4-25-2012 by Ord. No. 3-2012[3]; 2-14-2012 by Res. No. 2012-05]

[3] Editor's Note: This ordinance also redesignated former Subsections D and E as Subsections E and F, respectively.

E. Unless exempt from site plan requirements pursuant to § 60-17B(1), all proposed alternative energy generator facilities must also receive site plan approval or waiver by the Planning Board pursuant to § 60-17B.

F. Abandonment.

(1) An alternative energy generator facility that is out of service for a continuous twelve-month period shall be deemed abandoned. The Zoning Officer may issue a notice of abandonment to the owner of the property on which an abandoned alternative energy generator facility is located. The property owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn if the property owner provides the Zoning Officer with information demonstrating the alternative energy generator facility has not been abandoned. If the alternative energy generator facility is determined to be abandoned, the owner of the property on which the alternative energy generator facility is located shall remove the alternative energy generator facility from the property at the property owner's sole expense within three months of receipt of notice of abandonment. If the property owner fails to remove the alternative energy generator facility from the property, the municipality may pursue a legal action to have the alternative energy generator facility removed from the property at the property owner's expense.

(2) In addition to or in lieu of the forgoing, any alternative energy generator facility which is out of service for 12 months and/or neglected in a manner to create a public safety hazard or be harmful to the public welfare may be declared "cast-out junk" under Township Ordinance Chapter 73 and subject to removal/demolition.

§ 60-105.1 Private communication devices.

[Added 9-22-2010 by Ord. No. 3-2010]

Private communication devices may be installed as accessory structures/uses in all zoning districts subject to the following conditions:

A. Private communication devices are subject to the following requirements.

(1) The private communication device must be an accessory structure/use relative to the principal structure/use at the lot on which it is located. The sole purpose of the private communication device must be to provide television, radio, telephone, internet, or other communications signal or data transmission or reception for the principal structure/use of the lot on which it is located.

(2) Except as otherwise provided in Subsection B, below, a private communication device must conform to all applicable accessory use or structure requirements set forth in the Schedule of District Regulations[1] for the zoning district(s) in which the lot is located, based on the principal use or structure that the private communication device serves (provided that rooftop- or wall-mounted private communication devices must comply with the requirements applicable to the structure on which they are mounted). Additionally, no freestanding or ground-based private communication device except for a freestanding or ground-mounted satellite dish antenna that is 40 inches or less in diameter may be located between the principal use or structure on the lot and any street line of the lot unless the freestanding or ground-based private communication device is set back no less than 150 feet from all street lines of the lot and the lot meets all width and frontage requirements of the zoning district(s) in which the lot is located.

[1] Editor's Note: Said schedule is included at the end of this chapter.

(3) No private communication device may display signs or advertising, nor may a private communication device display words, numbers, or symbols that are visible from any adjoining lot line or street line.

(4) No private communication device may be artificially lighted.

(5) All structures and equipment comprising a private communication device must comply with applicable building and construction code requirements.

(6) All equipment and wires relating to the private communication device must be located on the same lot as the principal structure/use.

(7) All wiring from the private communication device to the principal structure/use's grid connection must be installed within or along the walls of the principal structure (in the case of rooftop- or wall-mounted private communication devices), or underground (in the case of freestanding or ground-based private communication devices).

(8) Rooftop- or wall-mounted private communication device equipment must comply with all applicable requirements of this section, but do not require a zoning permit application.

(9) No more than three freestanding or ground-based private communication devices may be installed or constructed at any lot at any one time.

(10) A freestanding or ground-based private communication device, including freestanding or ground-mounted satellite dish antennas of any size, must be set back from all lot lines and street lines a distance of no less than 150% of the height of the private communication device, or a distance that conforms to the applicable minimum yard setback requirement, whichever is greater.

(11) No freestanding or ground-based private communication device may exceed 80 feet in height at its highest point, regardless of whether the highest point is an antenna, satellite dish, or any other component of the private communication device.

(12) All freestanding or ground-based private communication device equipment installations, including those involving a freestanding or ground-mounted satellite dish antenna of any size, shall require a zoning permit application clearly stating that the applicant proposes to construct and use a private communication device as an accessory structure/use relative to the principal structure/use at the lot on which it is located for the sole purpose of providing television, radio, telephone, internet, or other communications signal or data transmission or reception for that principal structure/use. The application must include a plan of the lot and other documents and materials that confirm compliance with all applicable requirements of this section, which plan, documents and materials must depict and include:

(a) All lot lines and street lines.

(b) Location, dimension and types of all existing and proposed structures on the lot.

(c) Location, dimensions and type of the proposed private communication device.

(d) Any trees over eight inches in diameter as measured at a point four feet from the ground which will be removed from the lot. (All applications are subject to § 60-76H with regard to proposed tree removal.)

(e) Drawings, specifications, and other information as may be necessary to confirm compliance with all applicable building and construction codes, and other regulatory and technical requirements.

B. Unless exempt from site plan requirements pursuant to § 60-17B(1), all proposed private communication devices must also receive site plan approval or waiver by the Planning Board pursuant to § 60-17B.

C. Abandonment.

(1) A private communication device that is out of service for a continuous twelve-month period shall be deemed abandoned. The Zoning Officer may issue a notice of abandonment to the owner of the property on which an abandoned private communication device is located. The property owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn if the property owner provides the Zoning Officer with information demonstrating the private communication device has not been abandoned. If the private communication device is determined to be abandoned, the owner of the property on which the private communication device is located shall remove the private communication device from the property at the property owner's sole expense within three months of receipt of notice of abandonment. If the property owner fails to remove the private communication device from the property, the municipality may pursue a legal action to have the private communication device removed from the property at the property owner's expense.

(2) In addition to or in lieu of the foregoing, any private communication device which is out of service for 12 months and/or neglected in a manner to create a public safety hazard or be harmful to the public welfare may be declared "cast-out junk" under Township Ordinance Chapter 73 and subject to removal/demolition.

§ 60-106 Yard sales.

A. The term "yard sale," as used in this section, shall mean a sale conducted by a resident of a dwelling, on the lot on which that dwelling is located, of used personal items, household and yard tools and appliances, all of which have been owned throughout the six-month period immediately prior to the sale by residents of Pittsgrove Township. "Yard sale" shall also mean a sale conducted by a noncommercial organization of used personal items, household and yard tools and appliances contributed by members or friends of the organization. Yard sales may include the sale of food items. For purposes of this section, the term "yard sale" shall include the terms "tag sale" or "garage sale."

B. A yard sale as so defined, may only be held during daylight hours for no more than two consecutive days and no more than one time per calendar year at any residence lot in Pittsgrove Township or no more than two times in per calendar year at any organization meeting place, for no more than two consecutive days each time.

§ 60-106.1 General land mining or earth extraction operations, or landfilling applications.

[Added 12-23-2002 by Ord. No. 8-2002]

Land mining, earth extraction and landfilling operations are prohibited in all zoning districts of the Township. Any operators who, prior to the enactment of this chapter, hold a valid permit for said use shall continue to conduct land mining, earth extraction and landfilling operations only for so long as they comply with the standards, conditions and limitations set forth herein.

A. Information. In addition to the information required for site plan review under § 60-20B, any prospective land mining, earth extraction or landfilling application use shall submit the following information:

(1) An accurate map at a scale of not less than 100 feet to the inch, including.

(a) The location of the production site, the excavation area or landfilling area, setbacks from existing property and street lines and proposed access roads.

(b) Detailed topographic information (two-foot contour intervals), showing the existing surface contours and drainage patterns and the proposed surface contours and drainage patterns following the termination of the excavation or landfilling activity and restoration of the site.

(2) A grading plan to indicate the extent and manner of excavation or landfilling. The plan shall indicate the ultimate depth and contours for the entire site as well as ultimate depth and contours of each cell (five-acre maximum).

(3) Results of one profile pit per each five acres of excavation area or landfilling. The profile pits shall be made from January 1 to April 1 to clearly indicate the depth to seasonal high-water table.

(4) A description of the nature of the proposed operation, including:

(a) Period and hours of operation.

(b) Type of equipment to be used and measures proposed for avoiding safety hazards, wind erosion, excessive noise and other nuisance characteristics.

(5) An environmental impact statement as per § 60-38E.

(6) A traffic impact study and analysis report prepared by a New Jersey licensed professional engineer specializing in traffic engineering.

(7) Sufficient information on the plans and in the impact statement as determined by the Board and Township Engineer, to demonstrate conformance with Subsection B, Design standards and conditions, of this section.

B. Design standards and conditions. Any land mining, earth extraction or landfilling operation shall meet the following standards:

(1) Any tract of land proposed for earth excavation, land mining or landfilling shall be at least 25 acres in area unless it is contiguous to land already used by an active land mining operation or landfilling operation, in which case, it shall be at least 10 acres in area and coordination of restoration plans shall be required.

(2) All excavations, landfilling and land disturbance activities or the stockpiling of material shall not be carried out or located closer than 200 feet to any property or street lines.

(3) No excavation or soil removal shall be deeper than seven feet above the seasonal high-water table. No landfilling operation will be greater than seven feet above the seasonal high-water table.

(4) Haulage roads located within 200 feet of a public right-of-way of property used for residential purposes shall be paved with a dust-proof surface.

(5) Proof of legal right of access to land mining sites or landfilling sites must be shown where no frontage on a public road or highway exists, and access easements or rights-of-way shall not pass through predominantly residential areas.

(6) No more than five acres of land shall be excavated, landfilled or disturbed and unrestored at any one time.

(7) There shall be a two-hundred-foot-wide buffer zone around the perimeter of the site kept free of all activities and uses other than an entrance lane. In this buffer area, trees and natural vegetation shall be left undisturbed. If there are no trees or natural vegetation to form a screen, there shall be plantings of six-foot-high evergreen trees on twelve-by-twelve-foot spacing throughout those parts of the buffer. Trees in the buffer area shall be maintained by replanting them on a semiannual basis with six-foot-high evergreen trees and any areas where trees died or are destroyed by any cause so as to maintain at all times at least a twelve-by-twelve-foot staggered spacing of evergreens or mature trees in all parts of the buffer area.

(8) Between the two-hundred-foot buffer and the mining operation or landfilling operation, there shall be a seven-foot-high chain link fence of commercial grade topped with triple strand angled barbed wire with a security gate of similar structure and height as the fence to permit access for the access road, and it shall be kept locked except during operating hours. Duplicate keys to this gate shall be provided to the local fire company and to the Township Zoning Officer.

(9) A continuous twenty-five-foot-wide service road shall be established and maintained between the excavation or landfilling site and the buffer zone and shall encircle the excavation or landfilling site. This service road shall be suitable for passage for emergency vehicles and have no more than a 4% grade or cross-sectional slope.

(10) Between the fence and the excavation or landfilling there shall be an earthen berm surrounding the excavation eight feet high with a 5:1 slope if permanent and a 3:1 slope if temporary in order to provide additional screening of the site, sound and dust. There shall be no operations performed between the buffer zone and the adjacent beam.

(11) The entire mining operation or landfilling operation and restoration of the site shall be completed within 10 years of the first final site plan approval.

(12) Site plan approval shall be applied for and obtained pursuant to the Township ordinance.

(13) There shall be no excavations or landfilling operation in freshwater wetlands or freshwater wetland transition areas.

(14) The owner of the premises shall give to the Township a recordable grant of easement for access to the site by the Township of Pittsgrove and its agents for the purpose of its inspections and for restoration in the event that the landowners neglect or fail to comply with or perform the conditions of the approval. Said document shall be approved as to form by the Township Solicitor and accepted by the Township Committee.

(15) The inside edge of the buffer area, i.e., the boundary of the buffer zone on the side next to the excavation, or landfilling site, shall be indicated by the chain link fence to be erected or by permanent markers set at two-hundred-foot intervals and at corners so that the inside buffer line can be easily determined in the field. These permanent markers shall be iron stakes at least four inches in diameter with fluorescent coating and extending six feet above grade.

(16) There shall be no operation on Sundays or at any time other than in the daylight between the hours of 7:00 a.m. to 5:00 p.m.

(17) No graded, backfilled or landfilled area shall be permitted to collect stagnant water.

(18) No ponding of water during or after cessation of operations shall be permitted.

(19) There shall be no excavation or landfilling operation within 500 feet of any nonindustrial or nonresidential building or within 1,000 feet of any residential structure not on the subject premises.

(20) The back-up beepers on all equipment and trucks entering or used at the site shall not exceed the required minimum Occupational Safety and Health Administration and state safety regulations by more than 5%.

C. Restoration. All excavation or landfilled areas shall be restored according to the following restoration standards:

(1) Submission of a proposed plan for landscaping and rehabilitating the mined or landfilled area and other areas used in the mining operation or landfill operation is required, including:

(a) A comprehensive plan for reforestation of any pit or cavity created by the mining or filled area created by the landfill operation.

(b) A description of areas to be topsoiled, seeded and planted and the amount and type of plantings.

(c) A comprehensive plan for reforestation of any pit or cavity created by the mining or filled area created by the landfill operation.

(d) A disposition of all roads, buildings and equipment utilized in connection with the mining or landfill activities.

(2) Restoration shall be a continuous process, and each portion of the parcel shall be restored within two years after resource extraction or landfilling is completed for that portion. No restoration or reclamation activities shall be permitted subsequent to said two-year period except:

(a) As required by the Township pursuant to an enforcement action by the Township subsequent to a default in the restoration or reclamation obligation under the permit and approval; or

(b) After the grant of a use variance and site plan approval by the Land Use Board pursuant to which the proposed restoration or reclamation activities are approved.

(3) All restored areas shall be graded so as to conform to the natural contours of the parcel. The slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal.

(4) Topsoil shall be restored to a minimum four-inch depth with topsoil meeting current New Jersey Department of Transportation Standard Specifications for Bridge and Road Construction. Except for topsoil, no significant. amount of fill material shall be imported to the site. Excavations created by the mining operation, and/or pits or cavities existing on the site, shall not be used for landfilling, dumping, disposal or the depositing of any material from any other site.

(5) Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time of the resource extraction operation or landfill operation was initiated, but in no case shall the finished final condition of the area permit stagnant water to collect.

(6) All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized for the area, shall be removed within six months after the resource extraction operation or landfill operation is terminated and restoration is completed.

(7) Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction or landfill activity and shall include:

(a) The planting of a minimum of 1,000 one-year-old natural native species to the area per acre.

(b) Stabilization of exposed areas by established groundcover vegetation.

(c) Cluster planting of characteristic native species to the area, including oak and such other trees as blackjack oak, bear oak, chestnut oak, black oak, maple, pine, pitch pine or such other trees as are natural to the area, not limited to those listed herein, and such shrubs, including but not limited to black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species.

(8) All slopes and other dry areas shall be graded and covered with topsoil, fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. In the case of formerly wooded areas, restoration shall be accomplished in accordance with a planting scheme arranged in conjunction with the State Forester.

(9) The applicant shall demonstrate that the final restoration plan shall render the site reasonably usable for at least one use that is permitted in that zoning district.

D. Performance guaranty.

(1) Before any permit, license, conditional use, site plan approval or certificate of occupancy may be issued for any land mining or landfilling operation, the owner and operator shall file with the Township Clerk a performance guaranty. This may be a performance bond issued by an insurance company authorized to do business in the State of New Jersey or may be any security, including cash, that is approved by the Township Committee. Such performance guaranty shall be in an amount not to exceed 120% of the amount sufficient, in the opinion of the Planning Board based on recommendations by the Township Engineer, to assure the installation and maintenance of the required improvements and to assure the rehabilitation and any required monitoring of the site of operations, after having considered the area and depth of the excavation or proposed excavation along with any facts relevant to the cost of improving, maintaining, rehabilitating and monitoring the site. Any performance guaranty shall be approved as to form by the Township Solicitor.

(2) Any such performance guaranty shall be accompanied by an agreement recordable as a deed in the County Clerk's office, signed by the applicant and landowner, if a different person, approved as to form by the Township Solicitor, granting the municipality and its agents the right of access to inspect the premises at any time and to install and maintain required improvements and to perform all necessary rehabilitation and monitoring of the site of operations in the event of forfeiture of the performance guaranty.

(3) In the event of default, forfeiture shall be taken by the Township Committee after finding of default by the Township Committee after a public hearing held by the Township Committee on not less than 10 days' written notice, mailed to the principal and surety at their last known post office addresses, which notice shall be complete upon mailing. Forfeiture shall also be taken by the Township Committee upon a determination by it that a land mining operation or landfilling operation has been abandoned, after a public hearing as provided above, or when, on the basis of a formal complaint and after a public hearing as provided above, the Township Committee finds that a public nuisance or hazardous condition has been permitted to exist for a period of 30 days by the owner or operator of a land mining operation or landfilling operation after due notice thereof to the owner or operator by the Township Engineer or Zoning Officer.

(4) The performance guaranty may be released by the Township Committee upon a finding by the Township Committee of satisfactory installation and maintenance of required improvements and restoration and monitoring of the completed project area. Portions of the performance guaranty may be released by the Township Committee upon its finding that proportional required improvements have been completed or that proportional stages of restoration or monitoring have been accomplished in accordance with the above-listed operating standards and restoration standards and with the terms of the permit, license, conditional use, site plan approval or certificate of occupancy.

§ 60-106.2 Municipal uses and lands.

[Added 1-24-2006 by Ord. No. 1-2006]

No provisions or amendments of Chapter 60, "Land Use and Development," other than the provisions or amendments of §§ 60-1 through 60-15 and the Pittsgrove Township Schedule of District Regulations shall apply to permitted municipal uses on lands or premises owned or leased by the Township of' Pittsgrove or legally under the control of the "Township of Pittsgrove by easement, license or otherwise, nor to any structures thereon, or hereafter erected thereon, nor to any uses or structures accessory or ancillary to such permitted use.