Unless otherwise specified in this chapter,
no more than one principal dwelling or building shall be permitted
on one lot.
A.Â
Lots with frontage on more than one street are required
to create a landscaped buffer along the street frontage(s) without
direct driveway access. [Driveway access is not permitted on the higher
order street(s).] This landscaped buffer must be a minimum of 15 feet
in depth from the right-of-way. Along the street frontage without
direct driveway access, no fencing shall be placed within 15 feet
of the right-of-way. Any fencing that is installed must have a gate
opening to the street without direct driveway access to ensure that
pedestrian access is provided for maintenance of the required buffer.
Corner lots with just two street frontages are not required to place
a gate in the fencing facing the street without direct driveway access.
B.Â
Landscaping within the required street buffer should
consist of existing vegetation when it can be properly preserved during
construction. In the case where existing vegetation cannot be preserved
or if there is to be an insufficient existing vegetative screen preserved
within this buffer, the Planning Board may require additional landscaping
to be provided, including evergreen and deciduous trees and shrubs.
A.Â
Sight-triangle easements shall be required at all
street intersections, in addition to the specified right-of-way widths,
in which no grading, planting or structure shall be erected or maintained
in such a manner as to obscure the vision above the height of 2Â 1/2
feet and below 10 feet, except for street signs, fire hydrants and
light standards.
B.Â
The "sight triangle" is defined as that area outside
of the street right-of-way which is bounded by the intersecting street
lines and the straight line connecting sight points, one each located
on the two intersecting street center lines: arterial streets at 300
feet; collector streets at 200 feet; and local streets at 90 feet.
Such easement dedication shall be expressed on the plat or plan as
follows: "Sight triangle easement deeded for purposes provided for
and expressed in the Land Development Ordinance of Mantua Township."
C.Â
In addition to the above-described sight-triangle
easement, the applicant shall demonstrate a safe sight distance for
the stopped vehicle at all entrances or intersections. Safe sight
distance shall be in accordance with either New Jersey Department
of Transportation or AASHTO standards for a vehicle turning left or
right without being overtaken by a vehicle traveling in the same direction.
Measurement shall be from a point 10 feet behind the proposed edge
of pavement or curbline and shall assume an eye height of 3Â 1/2
feet and an object height of 4Â 1/4 feet.
D.Â
Vehicle speed shall be five miles per hour above the
posted speed. The following safe sight distances shall apply to 90°
intersections:
Through Street Posted Speed
|
Safe Sight Distance
(feet)
| |
---|---|---|
25
|
350
| |
30
|
500
| |
35
|
650
| |
40
|
830
| |
45
|
1,020
| |
50
|
1,240
|
A.Â
General.
(1)Â
The regulations of this section shall apply to all
open private recreational uses, including swimming pools, which require
the installation of permanent surfaces, either at ground level or
elevated.
(2)Â
Such uses are considered "structures" for the purpose
of permits and certain other regulations; however, they are not counted
as floor area in computing building coverage.
(3)Â
No such use shall be located in front yards or less
than 10 feet from any property line as measured from the edges of
any permanent surface.
(4)Â
No such use shall be constructed in the Township except
in accordance with a permit therefor previously secured from the Zoning
Officer. The application for said permit shall be accompanied by a
plan showing the size and location of any recreational facility and
its enclosure and such other information as may be necessary for the
Zoning Officer to determine whether said facility complies with the
requirements of this section.
(5)Â
Every tennis or paddle tennis court area shall be
completely enclosed by a metal chain-link or mesh fence at least nine
feet in height but not in excess of 12 feet in height. Appropriate
fences for any other type of recreational use may be required at the
discretion of the Zoning Officer. The type, quality and method of
construction of any required fence shall be approved by the Construction
Official with the intent that said fence shall act as a protection
to adjacent properties.
B.Â
Special regulations applicable to swimming pools.
[Amended 11-10-1998; 12-02-2019 by Ord. No. O-16-2019]
(1)Â
Bulk standards.
(a)Â
No private residential swimming pool shall be constructed or installed
on any lot unless the lot contains a residential building.
(b)Â
Pools shall be located in rear yard areas only and shall occupy no
more than 75% of the yard area in which they are located.
(c)Â
The water surface area for pools on lots less than 10,890 square
feet shall not be included in calculating impervious surface.
(d)Â
All swimming pools used for bathing or swimming purposes in which
water may collect in excess of a depth of two feet shall be completely
enclosed by a fence.
(e)Â
Swimming pools shall be located no less than 10 feet from any property
line as measured from the waterline, unless a greater setback is required
by the zone district. When the minimum setback is 10 feet, the maximum
width of the adjacent paved area shall not exceed five feet to provide
sufficient area to the property line for grading.
(2)Â
The type, quality and method of construction of any
required fence shall be approved by the Construction Official with
the intent that it shall act as a safeguard and protection to children.
Such fence shall be at least four feet in height, but not in excess
of six feet, and nonremovable. Fences shall have self-locking gates
and shall be such as to prevent unauthorized children and stray animals
from entering the pool area. Aboveground pools over 48 inches in height
must meet the standards of the Uniform Construction Code. No part
of the pool structure for an above-ground pool can be located within
10 feet of a property line.
(3)Â
No swimming pool shall be constructed in the Township
except in accordance with a permit therefor previously secured from
the Zoning Officer, upon written application, accompanied by a plan
showing the size, shape and location of the swimming pool and its
enclosure and such other information as may be necessary for the Zoning
Officer to determine whether the pool complies with the requirements
of this chapter.
(4)Â
No commercial swimming pool shall be constructed or
installed unless approved as part of a site plan approval. Commercial
swimming pools shall be classified into types in accordance with their
particular use and shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute or the Swimming
Pool Code of New Jersey, whichever is more stringent.
All uses not expressly permitted in this chapter
are prohibited. The following uses are specifically prohibited in
every district:
A.Â
Junkyards, including automobile or motor vehicle junkyards
or wrecking establishments.
B.Â
Recreational vehicle or boat used for living or housekeeping
purposes within the Township.
C.Â
Outdoor storage of any type unless such storage is
a part of the normal operation of a use conducted on the premises,
subject to design and performance standards for the prevailing district,
and provided further that the following requirements are conformed
with:
(1)Â
All outdoor storage facilities shall be enclosed by
an opaque fence adequate to conceal the facilities from any adjacent
properties.
(2)Â
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces.
(3)Â
All material or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
be attractive to rodents or insects shall be stored outdoors only
in closed containers.
(4)Â
Flammable or explosive liquids, solids or gases shall
be permitted to be stored in aboveground storage tanks only if the
proposed use and structure meet the requirements of the Uniform Construction
Code (N.J.A.C. 5:23 et seq.) and the Uniform Fire Code (N.J.A.C. 5:70
et seq.), as used by Mantua Township construction officials. In addition,
aboveground storage tanks are not permitted in the front yard in any
district and shall be sufficiently buffered from any adjoining use.
D.Â
Private sanitary landfills.
E.Â
Commercial resource extraction operations.
F.Â
Any use of a heavy industrial nature which is not
similar in character to those permitted in the I District. Examples
of such uses are power generation plants and the manufacturing of
automobiles, steel and similar products.
G.Â
Soil mining or soil removal as a principal permitted
use.
H.Â
Commercial piggeries.
I.Â
The overnight parking of any vehicle in excess of
8,000 pounds' gross vehicle weight or with more than two axles shall
be prohibited in all residential districts.
J.Â
All classes
of medical and recreational cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service.
[Added 4-5-2021 by Ord. No. O-3-2021]
K.Â
Cultivation,
manufacturing, processing, or any similar use associated with a controlled
substance as referenced in the New Jersey Controlled Dangerous Substances
Act, N.J.A.C. Title 13, Law and Public Safety, Chapter 45H, Controlled
Dangerous Substances.
[Added 9-19-2022 by Ord. No. O-09-2022]
A.Â
Manufactured housing and prefabricated buildings,
including those created by the joining of several sections constructed
at another location, shall be permitted in every zoning district,
subject to the following regulations:
(1)Â
The unit must comply with all regulations, including
area and bulk standards, of the underlying zoning district.
(2)Â
The unit must comply with all state and federal standards
for manufactured housing or prefabricated buildings.
(3)Â
The unit must be permanently mounted on a masonry
foundation, either partially or entirely below grade. In addition,
the following conditions shall be complied with:
(a)Â
Any wheels shall be removed prior to installation.
(b)Â
The undercarriage shall not be visible from
any side following installation.
(c)Â
The foundation shall be capable of transferring
all design loads imposed by or upon the structure into soil or bedrock
without failure.
(d)Â
The foundation shall be placed at an adequate
depth below grade to prevent frost damage.
[Amended 11-10-1998; 2-10-2004 by Ord. No. O-2-2004; 5-23-2006 by Ord. No.
O-04-2006; 12-02-2019 by Ord. No. O-16-2019; 12-20-2021 by Ord. No.
O-19-2021]
A.Â
Accessory buildings as part of principal buildings. Any necessary
building attached to a principal building shall be considered part
of the principal building, and the total structure shall adhere to
the yard requirements for the principal building regardless of the
technique of connecting the principal and accessory buildings.
B.Â
Construction of accessory buildings. No construction permit shall
be issued for the construction of an accessory building or structure,
other than construction trailers, storage sheds or farm accessory
buildings prior to the issuance of a construction permit for the construction
of the main building upon the same premises. If construction of the
main building does not precede or coincide with the construction of
the accessory building or structure, the Construction Official shall
revoke the construction permit for the accessory building or structure
until the construction of the main building has proceeded substantially
toward completion.
C.Â
Distance between adjacent buildings, structures and decks. The minimum
distance between an accessory building or structure and any other
building(s) or structure(s) on the same lot shall be as prescribed
in this chapter, except that no poultry or livestock shelter (excluding
dog runs or other shelters for household pets) shall be erected, used
or located closer than 100 feet to any dwelling on the same lot. The
prescribed setbacks shall not apply to decks, i.e., accessory structures,
including pools, can immediately abut decks as long as all other required
setbacks for that structure are maintained.
D.Â
Height of accessory buildings and structures. The height of accessory
buildings shall be a maximum of 22 feet unless otherwise specified
in this chapter.
E.Â
Location. An accessory building or structure may not be erected in
required front yards and shall be set back from side and rear lot
lines as prescribed in this chapter except that, if erected on a corner
lot, the accessory building or structure shall be set back from the
side street to comply with the setback line applying to the principal
building for that side street, and except further that no poultry
or livestock shelter (excluding dog runs or other shelters for household
pets) shall be erected, used or located closer than 100 feet to any
property line.
F.Â
Accessory structures shall not be located in any required buffer
area, easements or drainageways.
G.Â
Except when located in a commercial or industrial zone and in accordance
with this chapter, no business, service or industry shall be conducted
within an accessory structure.
H.Â
The exterior of an accessory building shall be architecturally compatible
and the same color as the primary structure on the parcel. The accessory
building may be constructed of complementary materials to the principal
residential structure or with vertical aluminum/corrugated metal siding.
I.Â
Accessory structures related to an agricultural use are exempted
from the maximum square footage and number indicated below. The lot
in question must be at least five acres and proof of active farming
shall be provided to the Township Zoning Officer. Setbacks and other
requirements are still applicable.
J.Â
Summary chart of area and yard requirements for accessory structures
in the AR, C, R-40, R-22, R-11, A/T, and TP zones:
[Amended 9-19-2022 by Ord. No. O-09-2022]
Lot Area
|
First Structure:
Maximum Building Size1
|
Side and Rear Yard Setback
|
Second Structure:
Maximum Building Size1
|
---|---|---|---|
Up to 0.49 Acre
|
900 Sq Ft.
|
5 Ft.
|
200 Sq Ft.
|
0.5 to .99 Acre
|
1,200 Sq Ft.
|
5 Ft.
|
400 Sq Ft.
|
1 to 2.99 Acre
|
1,500 Sq Ft.
|
15 Ft.
|
800 Sq Ft.
|
3 to 4.99 Acre
|
2,000 Sq Ft.
|
30 Ft.
|
1,000 Sq Ft.
|
5 to 9.99 Acre
|
2,500 Sq Ft.
|
30 Ft.
|
1,000 Sq Ft.
|
10 to 19.99 Acre
|
3,000 Sq Ft.
|
30 Ft.
|
1,000 Sq Ft.
|
Greater than 20 Acre
|
3,500 Sq Ft.
|
30 Ft.
|
1,000 Sq Ft.
|
1.
|
Limited to 2 structures
|
No part of a building shall be erected within
nor project into any required yard area except as follows:
Notwithstanding other requirements of this chapter,
there shall be conformity of building setback lines with the median
setback lines of existing structures on the same side of the street
and within 300 feet of the proposed new construction.
A.Â
All permitted fences shall be situated on a lot in
such a manner that the finished side of the fence shall face adjacent
properties. No fence shall be erected of barbed wire, topped with
metal spikes or constructed of any material or in any manner which
may be dangerous to persons or animals, except that these provisions
shall not apply to farms, provided that such fence(s) is (are) set
back from any street line at least 10 feet, and except further that
requirements of state or federal regulations shall prevail.
B.Â
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, such fences to be permitted in the side and rear yards only. Subject to Subsection B(4) below, no fences are permitted in the front yard area; provided, however, that fence requirements set forth below apply to the following uses:
(1)Â
A dog run may have fencing a maximum of six feet in
height, provided that such area is located in the rear yard area only
and is set back from any lot line at least 10 feet.
(2)Â
A private residential swimming pool area must be surrounded
by a fence at least four feet but no more than six feet in height.
Swimming pool areas shall be located in rear yard areas only.
(3)Â
A tennis court area is permitted only where specified in Article IV or Article VI of this chapter. Where permitted, a tennis court area may be surrounded by a fence a maximum of 15 feet in height, said fence to be set back from any lot line the distance required for accessory buildings in the zone district as stipulated in Article IV or Article VI.
(4)Â
Fences used for farming are permitted to be six feet
in height in side and rear yards and four feet in height in front
yards and shall not require construction permits.
(5)Â
Fences to be located at electrical, telephone, gas
and municipal utilities shall be a maximum height of 10 feet.
(8)Â
On a corner lot, a fence shall be permitted to be
located within 15 feet of a street right-of-way line within that front
yard where the house does not face the street. A fence shall be permitted
to be located within 15 feet of a street right-of-way line within
both front yards where the house faces neither street but the intersection
of both streets. All chapter sight-triangle requirements shall be
satisfied.
[Added 5-23-2006 by Ord. No. O-04-2006]
No building shall be constructed so that 50%
or more of any facade consists of reflective building materials, capable
of producing a glare.
A.Â
Lots.
(1)Â
Whenever title to two or more contiguous lots is held
by the same owner, regardless of whether or not each of said lots
has been approved as portions of a subdivision or acquired by separate
conveyance or by other operation of law, and one or more of said individual
lots should, by reason of exceptional shallowness, topographic conditions,
substandard area or yard space or similar measurements, not conform
to the minimum lot area and dimension requirements for the zone in
which it is located, the contiguous lots of said owner shall be considered
as a single lot.
(2)Â
Whenever the owner of a lot existing at the time of
adoption of this chapter has dedicated or conveyed land to the Township
in order to meet the minimum street width requirements of the Official
Map or Master Plan of the Township, the Construction Official shall
issue construction and occupancy permits for lots whose depth and/or
areas are rendered substandard only because of such dedication and
where the owner has no other adjacent lands to provide the minimum
requirements.
(3)Â
Except as provided in Subsection A(1) hereinabove, any existing lot on which a building or structure is located, which lot does not meet the minimum lot size or has a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:
(a)Â
The existing use(s) on the lot are conforming
to the permitted use(s) stipulated in this chapter for the lot in
question.
(b)Â
The total permitted building coverage is not
exceeded.
(c)Â
The accessory building and/or addition do not
violate any other requirements of this chapter, such as but not limited
to height, setback and parking.
(4)Â
Any vacant lot existing as a conforming residential
lot at the time of the passage of this chapter whose area or dimensions
do not meet the requirements of the district in which the lot is located
may have a construction permit issued for a single-family detached
dwelling and its permitted accessory uses without an appeal for variance
relief, provided that single-family detached dwellings are a permitted
use in that district, the building coverage limit is not exceeded,
parking requirements are met and the yard and height provisions are
reduced by the same percentage that the area of such lots bears to
the zone district requirements, except that no side yard shall be
less than either 10 feet or half that required by this chapter, whichever
is greater. Additionally, no building shall be set back less than
30 feet from the street right-of-way, and no building shall be required
to have a height less than 12 feet and one story.
B.Â
Structures and uses.
(1)Â
Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the structure so occupied.
(2)Â
Any nonconforming use not in operation for a period
of 12 consecutive months shall not be allowed to continue where there
has not been a persistent effort to continue the use during that time
period.
(3)Â
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure containing
a nonconforming use. However, no nonconforming structure containing
a nonconforming use shall be enlarged, extended, constructed, reconstructed
or structurally altered in any manner without an appeal for variance
relief.
(4)Â
Any nonconforming structure or use which has been
destroyed by fire, explosion, flood, windstorm or other act of God
shall be examined by the following three people: the Township Construction
Official, the owner or an architect or engineer selected by the owner
and a third person agreed to by the Township Construction Official
and the owner, whose fee shall be agreed to and shall be paid in equal
portions by the Township and the owner. If, in the opinion of a majority
of the above three people, the damage is greater than 75%, the structure
or use shall be considered completely destroyed and may be rebuilt
only upon approval of a use variance in accordance with law.
(5)Â
Any nonconforming structure or use which has been
changed to a conforming structure or use shall not be changed back
again into a nonconforming structure or use.
"Critical areas" shall be defined as areas where
the seasonal high water table is 24 inches or less as determined by
on-site testing and the Soil Survey for Gloucester County, New Jersey,
prepared by the United States Department of Agriculture; areas which
have a ground slope in excess of 25%; and areas which are subject
to flooding from a flood having a one-percent chance of being equaled
or exceeded in any given year. No building or structure, no filling
or excavating other than that related to the construction of roadways
shall be permitted in areas that are defined as "critical areas."
No attempt shall be made to alter the existing condition of these
critical areas. Changing the water table of areas that have a seasonal
high water table of 24 inches or less from the ground surface or changing
the slopes of any areas where the existing slopes are 25% or greater
shall not be permitted except for the construction of roadways. Development
rights will be granted to the owner of critical areas under the following
formula: For every five acres of critical area contained within the
tract to be developed, one additional residential unit can be constructed
on the noncritical area portion of the tract. A minimum of one development
right will be granted for each tract with at least five acres of critical
area, but for the tract to be granted more than one development right,
the final density of the noncritical areas of the tract may not exceed
the existing zoning limitations by more than 30% in AR and R-40 areas
and by 10% in all other areas.
A.Â
Basis for establishing critical areas. The mapping
of the critical areas within Mantua Township is indicated on the map
entitled "Critical Areas" which is part of this chapter.[1] As noted on the map, the basis for the delineation of
floodplain areas was the Flood Insurance Rate Maps prepared by the
Federal Emergency Management Agency and dated November 3, 1982, and
the basis for the delineation of steep slope areas was the United
States Geological Survey Maps, Woodbury and Pitman West Quadrangles.
The mapped information shall be deemed conclusive for the purpose
of administering the land use control measures of this chapter; however,
the Planning Board or Zoning Board of Adjustment, as the case may
be, may consider other sources of information presented by an applicant
to more definitely define the location and extent of the critical
areas on any lot or tract at the time of subdivision and/or site plan
review.
[1]
Editor's Note: The Critical Areas Map is included at the end of this chapter.
B.Â
Regulations for floodplain areas.
(1)Â
Purpose.
(a)Â
The purpose of these regulations is to encourage
only that development of flood-prone areas within Mantua Township
which is appropriate in light of the probability of flood damage and
the need to reduce flood losses; represents an acceptable social and
economic use of the land in relation to the hazards involved; does
not increase the danger to human, plant or animal life; provides that
no decreases in the amount of available storage for floodwaters within
the floodplain results from any development; and, conversely, to discourage
all other development. This zone is created in recognition of the
increased threat, severity and frequency of floods expected to result
from continued development. It is intended to retain areas adjacent
to streams and rivers free from structures and other obstructions
to the water flow during the periodic rises in the water level.
(b)Â
These regulations are intended to protect floodplains
so that floodwater may have a natural course to follow; so that the
watercourse is not constricted or altered in a manner that will increase
water velocities or create a dam; so that the water level may rise
without danger to persons, animals or property; so that the water
level may rise and cover larger land surfaces for the purposes of
greater water percolation and recharging of the underground water
supply; and so that a parklike network is developed throughout the
Township along these watercourses.
(2)Â
APPEAL
CHANNEL
DESIGN FLOOD
DESIGN FLOOD PROFILE
DEVELOPMENT
FLOOD ELEVATION DETERMINATION
FLOOD-FRINGE AREA
FLOOD-HAZARD AREA
FLOOD or FLOODING
FLOODPLAIN
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODWAY
HABITABLE FLOOR
NEW CONSTRUCTION
NEW JERSEY FLOOD HAZARD DESIGN AREA
NEW JERSEY FLOODWAY DESIGN FLOOD
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(a)Â
(b)Â
VARIANCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A request for the review of the Township Engineer's interpretation
of any provision of this section or a request for a variance from
the Planning Board.
The bed and banks of the watercourses located within the
boundaries of the Township of Mantua which convey the normal flow
of said watercourses most of the time.
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential and is the basis
of the delineation of the floodway and the flood hazard area and of
the water surface elevations thereof.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the flood hazard area.
A determination of the water surface elevations of the design
flood, i.e., the flood level that has a one-percent or greater chance
of occurrence in any given year.
The portion of the flood hazard area outside of the floodway.
Land in the floodplain subject to a one-percent or greater
chance of flooding in any given year.
A general and temporary condition of partial or complete
inundation of normally dry areas from inland or tidal waters; and
the unusual and rapid accumulation of runoff of surface water from
any source.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwater of the channel.
State or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
The river or other watercourse and the adjacent land area
that must be reserved in order to discharge the design flood without
cumulatively increasing the water surface elevation more than 0.2
foot.
For floodplain management purposes, any floor, including
the basement, usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
The discharge resulting from a flood having a one-percent
chance of being equaled or exceeded in any given year, plus 25%.
The discharge from a flood having a one-percent chance of
being equaled or exceeded in any given year.
For floodplain management purposes, a walled or roofed building,
including a gas or liquid storage tank, that is principally above
ground. For insurance purposes, "structure" means a walled and roofed
building, other than a gas or liquid storage tank, that is principally
above ground and affixed to a permanent site. For the latter purpose,
the term includes a building while in the course of construction,
alteration or repair, but does not include building materials or supplies
intended for use in such construction, alteration or repair, unless
such material or supplies are within an enclosed building on the premises.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, floor
or other structural part of the floor commences, whether or not that
alteration affects the external dimensions of the structure. The term
does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which is solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Historic Register of Historic Places or the State Inventory
of Historic Places.
A grant of relief by the Planning Board from the requirements
of this section permitting construction in a manner otherwise prohibited
by this section because the literal enforcement would result in unnecessary
hardship.
C.Â
Site plan review.
(1)Â
All proposals for any development within a floodplain area shall require site plan approval by the Planning Board in accordance with Article X of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses and where, in the opinion of the Township Engineer, the proposed work is of such a minor nature that Planning Board review is not required, a site plan approval by the Planning Board may be waived. In any case, all other requirements of this section shall apply.
(2)Â
Fees shall be provided for site plans in § 230-87 of this chapter, and public notice of public hearings shall be given as stipulated for site plans in § 230-77D of this chapter. In addition to the applicable information required for preliminary site plan approval stipulated in § 230-83 of this chapter, the following additional information shall be provided:
(a)Â
Proposed finished grade elevations at the corners
of any structure or structures.
(b)Â
The extent of proposed or previous filling,
cutting or regrading of the land, if any.
(c)Â
The location, type and size of all existing
and proposed erosion and siltation control measures, such as slope
protection, soil stabilization, sedimentation basins, sediment trap
headwalls and aprons.
(d)Â
Proof of stream encroachment lines (floodway)
obtained from the Department of Environmental Protection. Should this
information not be available through the Department of Environmental
Protection, it is required that the applicant submit a floodway delineation
for the reach of the stream involved with all required engineering
data to the Township Engineer for review and approval.
(e)Â
The applicant should be prepared to present
evidence that the proposal:
[1]Â
Has an inherent low flood damage potential.
[2]Â
Either acting alone or in combination with the
existing or future uses will not obstruct flood flows or increase
flood heights and/or velocities or reduce ground absorption or storage
volume of stormwater.
[3]Â
Does not affect adversely the water-carrying
or storage capacity of the channel, floodway or flood-fringe areas.
[4]Â
Does not increase local runoff and erosion and
provides proper drainage of the area to an existing adequate watercourse
or drainage system.
[5]Â
Does not unduly stress or degrade the natural
environment of the floodplain or degrade the quality of surface water
or the quality or quantity of groundwaters.
[6]Â
Does not require channel modification or relocation.
[7]Â
Is set forth in this chapter as a permitted
use.
[8]Â
Is not a prohibited use in that portion of the
floodplain where proposed to be located.
(f)Â
Where required by the Planning Board, the applicant
shall furnish information relating to subsurface conditions based
on percolation tests and soil borings or probes. Test borings or probes
shall be performed by a licensed professional engineer and shall be
in accordance with acceptable engineering standards and practices.
Written notification of intention to conduct such tests shall be forwarded
to and received by the Township Engineer at least two working days
prior to testing. A detailed report of the test shall be submitted
to the Planning Board and the Township Engineer for review.
D.Â
Uses in floodways and flood-fringe areas.
(1)Â
Prohibited uses. No person shall hereafter engage
in, cause or permit other persons to engage in prohibited uses within
a delineated floodplain. The following uses shall be prohibited:
(a)Â
Placing, depositing or dumping any vehicles,
solid waste, garbage, refuse, trash, rubbish or debris.
(b)Â
Dumping or discharging untreated domestic sewage
or industrial waste, either solid or liquid.
(c)Â
Storage or disposal of pesticides.
(d)Â
Storage or processing of materials that are,
in time of flooding, buoyant, flammable or explosive.
(e)Â
Storage or processing of hazardous materials
that could be injurious in time of flooding to human, animal or plant
life.
(2)Â
Permitted uses in floodways.
(a)Â
Within any floodway area, no encroachments,
including fill, new construction, substantial improvements or other
development shall be permitted unless a technical evaluation demonstrates
that encroachment shall not result in any increase in flood lands
during the occurrence of a flood having a one-percent chance of being
equaled or exceeded in any given year.
(b)Â
Channel improvements or changes may be permitted
only in connection with stream improvements and stabilization, which
improvements or changes have the approval of the State Department
of Environmental Protection, the Gloucester County Planning Board
and the Mantua Township Planning Board. The accepted practices of
soil husbandry and farming as well as recreational uses in the nature
of parks, wildlife preserves, play yards, picnic areas, golf courses
and boat landings shall be permitted. Any proposed use involving the
removal of trees shall be undertaken in accordance with the approval
of the Mantua Township Planning Board. Material, equipment or vehicles
related to and used in conjunction with a permitted use shall not
be parked or stored in the floodway area.
(3)Â
Permitted uses in the flood-fringe areas. Within any
flood-fringe area, the accepted practices of soil husbandry and farming
as well as restricted uses in the nature of parks, wildlife preserves
and undeveloped common open space shall be permitted, provided that
site plan approval is acquired from the Township. Additionally, detached
dwellings may be constructed on lands within the flood-fringe area,
provided that the lowest habitable floor is at a minimum of one foot
above the flood hazard design elevation, and provided further that:
E.Â
Conditions of approval. The Planning Board may impose
such conditions on permitted uses as it deems appropriate in order
to promote the public safety, health and welfare to protect public
and private property, wildlife and fisheries and to preserve and enhance
the natural environment of the floodplain. No certificate of occupancy
shall be issued unless all conditions of approval have been complied
with. In all flood hazard areas, the following conditions are specified
in any case:
(1)Â
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2)Â
All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood damage.
(3)Â
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(4)Â
All new and replacement sanitary sewerage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and discharges from the system into the floodwaters.
(5)Â
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(6)Â
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(7)Â
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(8)Â
All subdivision proposals shall have public utilities
and facilities, such as sewer, gas, electrical and water systems,
located and constructed to minimize flood damage.
(9)Â
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(10)Â
Appropriate and adequate controls on operations,
sureties, deed restrictions and maintenance bonds shall be provided.
(11)Â
The construction of stormwater detention and/or
retention facilities, channel modifications, dikes, levees and other
protective measures shall be required.
(12)Â
The installation of an adequate flood-warning
system shall be required.
(13)Â
The postponement of development until such a
time as protective measures are installed as found necessary for similar
uses.
(14)Â
New construction or substantial improvement
of any residential structure shall have the lowest habitable floor,
including a cellar or basement, elevated to one foot above the design
flood elevation.
(15)Â
New construction or substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including a cellar or basement, elevated
to one foot above the design flood elevation or, together with the
attendant utility and sanitary facilities, be floodproofed so that
below the design flood level the structure is watertight, with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A licensed professional engineer or
architect shall certify that the standards of this section are satisfied.
Such certification shall be provided to the Planning Board. Any or
all of the following floodproofing measures may be required:
(a)Â
Installation of watertight doors, bulkheads
and shutters or similar devices.
(b)Â
Reinforced walls to resist water pressure.
(c)Â
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(d)Â
Addition of weights to structures to resist
flotation.
(e)Â
Installation of pumps to lower water levels
of structures.
(f)Â
Pumping facilities or comparable measures for
the subsurface drainage systems of the building to relieve external
foundation wall and basement flood pressures. Over-the-sidewalk, under-the-sidewalk
and/or through-the-curb, gravity or sump pump drains are not permitted.
All such drains shall outlet into an existing adequate watercourse
or drainage system.
(g)Â
Construction that resists rupture or collapse
caused by water pressure or floating debris.
(h)Â
Installation of valves or controls on sanitary
and storm drains which will permit the drains to be closed to prevent
backup of sewage or stormwaters into the structure; gravity drainage
of basements may be eliminated by mechanical devices.
(i)Â
Location of all electrical equipment, circuits
and installed electrical appliances in a manner which will assure
that they are not subject to inundation and flooding.
(16)Â
Fill shall be no lower than one foot above the
flood design elevation and shall extend at such height for a distance
of at least 15 feet beyond the limits of any structure erected thereon.
(17)Â
Structures on fill shall be so built that the
basement or, in the event that there is no basement, the lowest habitable
floor is at a minimum of one foot above the flood hazard design elevation.
This should be accomplished without transporting off-site fill to
the site.
F.Â
Variances from conditions. Variances from the conditions
of this section may be issued by the Mantua Township Planning Board
in conformance with the following provisions:
(1)Â
For the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places.
(2)Â
If an increase in flood levels within any designated
floodway or flood-fringe area would not occur during the design flood.
(3)Â
Upon a determination that the variance is the minimum
necessary to afford relief considering the flood hazards.
(4)Â
Upon a determination that failure to grant the variance
would result in exceptional hardship to the applicant and a determination
that the granting of the variance will not result in increased flood
heights, additional threats to public safety or extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public or conflict with existing local laws or ordinances.
G.Â
Flood insurance. Flood insurance in accordance with
the Federal Insurance Agency shall be required for all developments
in the floodplain.
H.Â
Warning and disclaimer. The degree of flood protection
required herein is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This chapter does not imply that land
outside flood hazard areas will be free from flooding or flood damage.
This chapter shall not create liability on the part of the Township
of Mantua or of any other officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
An application for a construction permit shall
provide documentation that the intended use will comply with the performance
standards enumerated below. In the case of a structure being built
where the future use is not known, a construction permit may be issued
with the condition that no certificate of occupancy will be issued
until such time as this documentation is submitted with respect to
the particular occupant. These provisions shall not apply to any sewage
treatment plant which has received approval by the State Department
of Environmental Protection.
A.Â
Electrical and/or electronic devices. All electric
or electronic devices shall be subject to the provisions of Public
Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Product Radiation." Radiation products, as defined in
DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled
that no measurable energy can be recorded at any point beyond the
property boundaries. The applicant, upon request, shall produce certified
data wherein measurements made in accordance with the procedures and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance with the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
kilohertz and 10 gigahertz shall be restricted to the technical limits
established in the Federal Communications Commission's Rules and Regulations.
Additionally, electric or electronic equipment shall be shielded so
there is no interference with any radio or television reception at
the lot line (or beyond the operator's dwelling unit, in the case
of multifamily dwellings) as the result of the operation of such equipment.
B.Â
Glare. No use shall produce a strong, dazzling light
or reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining units, adjoining districts or streets.
C.Â
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which could cause
the temperature to rise or fall in any body of water, except that
this provision shall not apply to any sewage treatment plant which
has received approval from the State Department of Environmental Protection.
D.Â
Noise. Noise levels shall be designated and operated
in accordance with local regulations and those rules established by
the New Jersey Department of Environmental Protection, as they may
be adopted and amended.
E.Â
Odor. Odors shall not be discernible at the lot line
or beyond.
F.Â
Storage and waste disposal. No provision shall be
made for the depositing of materials or waste upon a lot where they
may be transferred off the lot by natural causes or forces or where
they can contaminate an underground aquifer or otherwise render such
an underground aquifer undesirable as a source of water supply or
recreation or where they will destroy aquatic life. Provision shall
be made for all material or waste which might cause fumes or dust
or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents and insects to be enclosed in appropriate containers
to eliminate such hazards.
G.Â
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines 10
feet or equipped with baffles to deflect the discharge air away from
the adjacent use.
H.Â
Vibration. There shall be no vibration which is discernible
to the human sense of feel beyond the immediate lot.
I.Â
All lots shall be suitable for the purpose(s) of their
intended use. Where there is question as to the suitability of a lot
or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, percolation tests or test borings
indicating the ground conditions to be inadequate for proper sewage
disposal for on-lot sewage treatment or similar circumstances, the
Board, after adequate investigation and receipt of a written report
by the Township Engineer, may withhold approval of such lots. If approval
is withheld, the Board shall give reasons and notify the applicant
and enter the same in the minutes.
A.Â
All public services shall be connected to an approved
public utilities system where one exists. The developer shall arrange
with the servicing utility for the underground installation of the
distribution supply lines and service connections, in accordance with
the provisions of the applicable standard terms and conditions incorporated
as part of its tariff, as the same are on file with the New Jersey
State Board of Public Utility Commissioners; provided, however, that
lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
from these overhead lines, but any new service connections from the
utilities' overhead lines shall be installed underground. In cases
where extension of service to existing or new buildings in established
subdivisions or developments is needed, the present method of service
may be continued. In the case of existing overhead utilities, however,
should a road widening or an extension of service or such other condition
occur as a result of the development and necessitate the replacement
or relocation of such utilities, the developer shall cause the replacement
or relocation to be underground.
(1)Â
Upon submission of preliminary plats or plans for
approval, the developer shall present a statement of interest, setting
forth all public utility companies to serve the tract and a letter
from each company stating that service will be available to the development.
Any deviation from the statement of interest shall null and void any
approvals granted by the Township.
(2)Â
Prior to the preconstruction meeting preceding the
commencement of construction, the developer shall furnish the Administrative
Officer a copy of the agreements with the applicable public utility
companies certifying the jurisdiction of the public utility company
for the particular portion of the Township, indicating agreement with
the proposed utility installation design and stating who will construct
the facility so that service will be available prior to occupancy.
The form of such agreement(s) shall be reviewed and approved by the
Township Solicitor prior to the commencement of construction.
(3)Â
The developer shall provide the Township with four
copies of a final as-built plan showing the installed location of
the facilities.
B.Â
Easements along property lines or elsewhere for utility
installation may be required. Such easements shall be at least 20
feet wide and located in consultation with the companies or Township
departments concerned and, to the fullest extent possible, shall be
centered on or adjacent to lot lines. Such easement dedication shall
be expressed on the plat, plan and deed as follows: "Utility right-of-way
easement granted for the purposes provided for and expressed in the
Land Development Ordinance of Mantua Township."
C.Â
All construction shall be in accordance with the construction
standards promulgated by the Township Engineer.
Temporary construction and/or sales trailers are permitted in all districts. A construction trailer may be at the site for the period of construction, beginning with the issuance of a construction permit and concluding before a certificate of occupancy is granted, or one year, whichever is less. A sales trailer may be at the site for the period, beginning with the posting of bonds for the project and concluding before a certificate of occupancy is granted (or the last certificate of occupancy in the case of a residential project), or one year, whichever is less. Construction and sales trailers shall be set back from all street and lot lines at least 30 feet. Any temporary construction or sales signage must comply with the standards as noted in § 230-30.
[Added 1-25-1995]
[Added 1-25-1995]
A.Â
Radio, television or other towers, pole antennas or
similar structures, other than a satellite dish, and any supporting
structure(s) and/or other related devices must comply with the following
restrictions:
(1)Â
The structure, including all extensions, supports
and parts, shall conform to all the setback requirements for the zone
in which it is proposed.
(2)Â
If not attached to the dwelling, the structure must
be located in the rear yard of the lot on which it is located.
(3)Â
The structure, including all extensions, supports
and parts, must not exceed 15 feet in height.
[Added 7-6-2004 by Ord. No. O-18-2004; amended 12-02-2019 by Ord. No. O-16-2019]
A.Â
When, in the determination of the Mantua Township Planning or Zoning Board, an applicant's request for relief from the requirement set forth in § 230-34C(1) is not inimical to the public interest and public safety, the board may permit the applicant to make a contribution to a sidewalk fund in lieu of compliance with § 230-34C(1).
B.Â
The fund created in accordance with Subsection A of this section shall be used solely for the purpose of construction of sidewalks, aprons and pedestrian ways in the Township and for associated costs.
C.Â
The contribution to be made by an applicant in accordance with Subsection A of this section shall be in an amount equal to the board engineer's estimate of the cost of compliance by the applicant with § 230-34C(1).