Township of Mantua, NJ General Regulations

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.

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.

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.

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.

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.

Special regulations applicable to swimming pools.

[Amended 11-10-1998; 12-02-2019 by Ord. No. O-16-2019]

Bulk standards.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.

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.

The water surface area for pools on lots less than 10,890 square feet shall not be included in calculating impervious surface.

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.

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.

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.

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.

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.

§ 230-44 Prohibited uses.

All uses not expressly permitted in this chapter are prohibited. The following uses are specifically prohibited in every district:

Junkyards, including automobile or motor vehicle junkyards or wrecking establishments.

Recreational vehicle or boat used for living or housekeeping purposes within the Township.

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:

All outdoor storage facilities shall be enclosed by an opaque fence adequate to conceal the facilities from any adjacent properties.

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.

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.

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.

Private sanitary landfills.

Commercial resource extraction operations.

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.

Soil mining or soil removal as a principal permitted use.

Commercial piggeries.

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.

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]

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]

§ 230-45 Manufactured housing and prefabricated buildings.

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:

The unit must comply with all regulations, including area and bulk standards, of the underlying zoning district.

The unit must comply with all state and federal standards for manufactured housing or prefabricated buildings.

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:

Any wheels shall be removed prior to installation.

The undercarriage shall not be visible from any side following installation.

The foundation shall be capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure.

The foundation shall be placed at an adequate depth below grade to prevent frost damage.

All temporary prefabricated buildings shall be considered trailers and shall be subject to regulation by the applicable provisions of the Mantua Township Code.[1]

[1]

Editor's Note: See Ch. 258, Mobile Homes and Mobile Home Parks.

§ 230-46 Accessory buildings and structures.

[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]

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.

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.

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.

Height of accessory buildings and structures. The height of accessory buildings shall be a maximum of 22 feet unless otherwise specified in this chapter.

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.

Accessory structures shall not be located in any required buffer area, easements or drainageways.

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.

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.

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.

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

§ 230-47 Projections into required yards.

No part of a building shall be erected within nor project into any required yard area except as follows:

Cornices, projecting eaves, gutters or chimneys may project a distance of up to 30 inches into a required yard area.

Steps and awnings may project up to three feet into a required yard area.

§ 230-48 Conformity of building setback lines.

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.

§ 230-49 Fences.

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.

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:

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.

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.

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.

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.

Fences to be located at electrical, telephone, gas and municipal utilities shall be a maximum height of 10 feet.

(6)

Buffer areas shall meet the requirements specified in § 230-31.

(7)

Off-street parking, loading and driveway access shall meet the requirements specified in §§ 230-28 and 230-29.

(8)

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]

§ 230-50 Use of reflective building materials.

No building shall be constructed so that 50% or more of any facade consists of reflective building materials, capable of producing a glare.

§ 230-51 Nonconforming uses, lots and structures.

Lots.

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.

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.

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:

The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question.

The total permitted building coverage is not exceeded.

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.

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.

Structures and uses.

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.

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.

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.

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.

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.

§ 230-52 Critical areas.

"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.

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.

Regulations for floodplain areas.

Purpose.

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.

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.

FLOOD ELEVATION DETERMINATION

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPEAL

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.

CHANNEL

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.

DESIGN FLOOD

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.

DESIGN FLOOD PROFILE

The elevations of the water surface of the floodway design flood and the flood hazard area design flood.

DEVELOPMENT

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.

FLOOD-FRINGE AREA

The portion of the flood hazard area outside of the floodway.

FLOOD-HAZARD AREA

Land in the floodplain subject to a one-percent or greater chance of flooding in any given year.

FLOOD or FLOODING

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.

FLOODPLAIN

The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel.

FLOODPLAIN MANAGEMENT REGULATIONS

State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY

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.

HABITABLE FLOOR

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.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

NEW JERSEY FLOOD HAZARD DESIGN AREA

The discharge resulting from a flood having a one-percent chance of being equaled or exceeded in any given year, plus 25%.

NEW JERSEY FLOODWAY DESIGN FLOOD

The discharge from a flood having a one-percent chance of being equaled or exceeded in any given year.

STRUCTURE

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.

SUBSTANTIAL IMPROVEMENT

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.

VARIANCE

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.

Site plan review.

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.

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:

Proposed finished grade elevations at the corners of any structure or structures.

The extent of proposed or previous filling, cutting or regrading of the land, if any.

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.

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.

The applicant should be prepared to present evidence that the proposal:

[1]

Has an inherent low flood damage potential.

[2]

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]

Does not affect adversely the water-carrying or storage capacity of the channel, floodway or flood-fringe areas.

[4]

Does not increase local runoff and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system.

[5]

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]

Does not require channel modification or relocation.

[7]

Is set forth in this chapter as a permitted use.

[8]

Is not a prohibited use in that portion of the floodplain where proposed to be located.

(f)

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.

Uses in floodways and flood-fringe areas.

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:

Placing, depositing or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.

Dumping or discharging untreated domestic sewage or industrial waste, either solid or liquid.

Storage or disposal of pesticides.

Storage or processing of materials that are, in time of flooding, buoyant, flammable or explosive.

Storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.

Permitted uses in floodways.

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.

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.

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:

Each lot is a minimum of five acres in area outside of or beyond the floodway.

Each lot has direct access to a public street.

The floor area ratio does not exceed one and 1 1/2%.

The lot coverage does not exceed 2 1/2%.

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:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

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.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(6)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(7)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(8)

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)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(10)

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

(11)

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

(12)

The installation of an adequate flood-warning system shall be required.

(13)

The postponement of development until such a time as protective measures are installed as found necessary for similar uses.

(14)

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)

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:

Installation of watertight doors, bulkheads and shutters or similar devices.

Reinforced walls to resist water pressure.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of weights to structures to resist flotation.

Installation of pumps to lower water levels of structures.

(f)

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)

Construction that resists rupture or collapse caused by water pressure or floating debris.

(h)

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)

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)

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)

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.

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:

For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places.

If an increase in flood levels within any designated floodway or flood-fringe area would not occur during the design flood.

Upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.

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.

Flood insurance. Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the floodplain.

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.

§ 230-53 Performance standards.

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.

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.

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.

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.

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.

Odor. Odors shall not be discernible at the lot line or beyond.

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.

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.

Vibration. There shall be no vibration which is discernible to the human sense of feel beyond the immediate lot.

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.

§ 230-54 Public utilities.

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.

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.

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.

The developer shall provide the Township with four copies of a final as-built plan showing the installed location of the facilities.

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."

All construction shall be in accordance with the construction standards promulgated by the Township Engineer.

§ 230-55 Temporary construction and/or sales trailers.

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.

§ 230-56 Lot configuration.

[Added 1-25-1995]

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved street.

Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Law. (See N.J.S.A. 46:23-9.9 et seq.)

§ 230-57 Radio and television antennas.

[Added 1-25-1995]

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:

The structure, including all extensions, supports and parts, shall conform to all the setback requirements for the zone in which it is proposed.

If not attached to the dwelling, the structure must be located in the rear yard of the lot on which it is located.