Township of Carneys Point, NJ Article VI Special Standards

§ 212-36 Kennels and animal hospitals.

A. Kennels or animal hospitals having open pens or cages shall be located on a land parcel having a minimum of five acres and shall be set back at least 200 feet from all lot lines.

B. In cases where the use is to be carried on within a completely enclosed, soundproof building, it must observe the RR Residence District lot and yard requirements.

§ 212-37 Roadside stands.

A. Roadside stands shall be maintained in good repair on a well kept site. They shall have only one entrance and one exit from the highway and shall maintain no display of goods nearer than 40 feet to a road right-of-way line.

B. One parking space for every 100 square feet of display area shall be provided.

C. Only three signs shall be permitted, each not more than eight square feet in area. No sign shall be located within the right of-way of the highway, nor shall any sign obstruct the vision of automobiles entering or leaving the off-street parking area. Additionally, 36 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof.

§ 212-38 Private campgrounds.

A. In RR Rural Residential and LI Light Industrial Districts, private campground conditional use may be established only when part of a campground located primarily in an adjoining CONS Conservation or A Agriculture District.

B. Any campground shall occupy a tract of at least 50 acres; maintain a gross density of not more than five campsites per acre; and provide a minimum setback of at least 100 feet from any public road or property line and 50 feet from any lake, pond or stream. This setback shall serve as a buffer area to protect the natural conditions of the forest floor, to protect the integrity and purity of streams and other water bodies, to ensure natural surroundings for campers and to preserve the right of adjoining property owners to enjoy full use of their premises. The setback areas and natural water areas shall not be included when calculating the maximum camp density.

C. Precautions shall be taken not to remove, change, harm or destroy any natural feature, drainage or vegetation existing on the land prior to the establishment of the camp facility.

D. In open areas, provisions for buffer strips of trees and shrubs or approved fencing located along the perimeter of the site shall be included in the site plan and shall be completed within five years of the date the permit is issued. A suitable performance guaranty approved by the Planning Board as to type, the Planning Board Solicitor as to form and the Township Engineer as to amount shall be posted with the Township Clerk prior to the authorization of any permit.

E. All buildings, structures and uses must conform to the standards and requirements, as amended from time to time, of the New Jersey Uniform Construction Code,[1] as well as N.J.A.C. 8:22-1.1 et seq., the New Jersey Sanitary Code, Subchapter 1, Recreational Sanitation (which regulates campgrounds).

[1] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

F. All campground applications shall be accompanied by a letter from the Board of Health approving the applicant's plan for all health and sanitary facilities.

G. Any permit issued for a campground shall be valid only so long as the camp design, density and service facilities conform to the approved plot plan, Board of Health approved sanitary facilities and any additional conditions specified by the Planning Board. Such camps shall also comply with any applicable requirements of state, County and municipal agencies regarding health, sanitation, fire protection and other matters.

§ 212-39 Hunting, trap and skeet clubs.

A hunting, trap or skeet club shall be operated as a nonprofit enterprise on a land parcel of at least 100 acres. No part of the operation involving guns or target release equipment shall be located closer than 200 feet to a property boundary line or closer than 350 feet to an existing residential unit other than one incidental to the use itself.

§ 212-40 Swimming clubs.

A. Proof shall be furnished that the proposed use is a bona fide nonprofit activity organized solely for the use and enjoyment of the membership.

B. The parcel involved in the use shall contain at least three acres and shall have 200 feet of highway frontage.

C. No more than a total of 15% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard surfaced areas.

D. No part of the pool, its accompanying hard-surfaced area or other supporting structures or activity areas shall be located within 75 feet of a property line.

E. The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval by the Board of Adjustment.

F. Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of N.J.S.A. 26:3-69.1 through 3-69.6 as amended and supplemented. Pursuant to the above titled statute, the code commonly known as the "Swimming Pool Code of New Jersey, 1955," is hereby adopted by reference. A copy of said code is annexed hereto and made a part hereof without inclusion of the text.

[Amended 5-20-1985 by Ord. No. 393]

§ 212-41 Public utility installations.

Public utility installations, other than essential services as defined in Article II, may be established as specified on the Schedule of District Use Regulations[1] in accordance with the following standards and requirements:

A. Any application for such use shall include a statement setting forth the need and purpose of the installation.

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

C. The design of any building in connection with such facility shall conform to the general character of the area in which it is to be located. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties. Adequate and attractive fences and other screening devices shall be described and shown in the plan for the proposed use. Sufficient landscaping, including trees, shrubs and lawn areas, shall also be provided.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 212-42 Intensive fowl and livestock farms.

A. In addition to normally required site plan information, the application shall set forth:

(1) The purpose of the operation.

(2) The manner in which animals or fowl would be housed or ranged.

(3) The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.

(4) Location of and methods for the storage, disposal or other utilization of liquid and/or solid wastes.

(5) The location of any outside fowl ranges or livestock pens or corrals.

(6) Proposed lighting and ventilation.

(7) A written opinion of the County Agricultural Agent concerning possible nuisance characteristics and the adequacy of measures proposed to deal with them.

(8) A written report from the Soil Conservation District setting forth the adequacy of plans for liquid and/or solid waste disposal.

B. Any intensive fowl or livestock farm shall be devoted to the raising of only one of the following:

(1) Fowl.

(2) Large animal livestock.

(3) Small animal livestock.

C. Any intensive fowl or livestock farm shall be located on a land parcel having a minimum of 100 acres.

D. Gross density for any intensive fowl or livestock farm shall not exceed:

(1) Seven hundred fifty head of fowl per acre;

(2) One and five-tenths head of large animal live-stock per acre; or

(3) Three head of small animal livestock per acre.

E. No building, fenced run or other enclosure for the containment of fowl or livestock or for the storage of animal waste on an intensive fowl or livestock farm shall be closer to any front, side or rear property line or zoning district boundary line than 500 feet.

F. The feeding of swine upon garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.

G. Any certificate of occupancy shall remain valid only so long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the approval authority.

§ 212-42.1 Keeping and maintaining large animals.

[Added 5-7-2007 by Ord. No. 789]

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

COMMERCIAL AGRICULTURE

The activity of producing principally for sale plants, animals or their products for the use or consumption by man including in a primary sense the growing, harvesting, storage, preparation for use and marketing of the products and those inputs essential to such activities, including the application of all technologies and methodologies approved by the New Jersey Agricultural Experiment Station or equivalent agricultural research institutions. These shall include, but not be limited to, soil preparation and management; fertilization; weed, disease and pest control; waste disposal; irrigation; drainage and water management, grazing, or harvesting by man or animal. Commercial agricultural production shall include, but not be limited to, forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; game birds; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fish; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products.

HOME ANIMAL AGRICULTURE

The activity of maintaining or producing domesticated animals or their products for home use or consumption including breeding, growing, caring, housing and product preparation where sales are incidental.

LARGE ANIMAL

Any large animal including, but not limited to, cattle, horses, goats, swine, ostrich, llamas, emus, buffalo, fur-bearing animals and including flocks of poultry, fowl or birds numbering 25 or more, excluding household pets.

NEIGHBORHOOD AGRICULTURE

Commercial agriculture conducted in an area of predominantly residential, business/commercial or industrial use which is oriented toward retail sales and generally limited to horticultural production such as floral, nursery, and fruits and vegetables but which may include low-density animal agriculture such as poultry on a small scale.

B. Conformance with New Jersey agricultural guidelines. Home agriculture, including home animal agriculture, may be conducted in a residential zone so long as animal numbers, as well as care and management, reasonably conform to current recommended management practices established in Recommended Guidelines for Home Animal Agriculture in Residential Areas published and revised by the N.J. Cooperative Extension Service, N.J. Agricultural Experiment Station, and this Section.

C. Minimum lot size. One large animal for the personal use of the occupants of a residence may be maintained on a lot, provided that the lot is at least two acres in size excluding the building lot area requirements for a residential dwelling. Each additional large animal must have an additional 1/2 acre, up to 100 acres. For over nine large animals, the use must meet the land area requirement for a defined farm use. Acreage requirements for small animals shall be 50% of that for large animals. All of the above required acreage shall be available for the normal habitat of the animals of which none of that area shall be required in a front yard. Combinations of different livestock and fowl are acceptable so long as the total number of animal units does not exceed the amount permitted under the formula.

D. Fencing and outside lot.

(1) Large- and medium-sized domesticated animals need exercise and living space compatible with their age and size. An outside lot, when used to provide exercise and possibly some grazing, shall be fenced in a manner to be safe to animals and man and located in a manner that livestock will not cause damage to a neighbor's property. Fences constructed for the exterior fence line shall be made of woven wire, wooden or comparable materials and be at a minimum 48 inches high with posts not more than 10 feet apart. Barbed wire shall be avoided except where sheep fence may require barbed wire to be strung at the bottom and the top of the exterior fence, in addition to woven wire, for the purposes of dog control. Electric fence may be used for interior partition fences, where applicable but not for exterior fence.

(2) The fence lot shall be so located and managed so that it does not become muddy due to weather conditions, from surface drainage, or activity of the confined animals, and sufficient drainage shall be provided to prevent any standing water from accumulating. Lots shall not be extended to reach streamways passing through the property.

(3) If an outside fence lot is provided for swine, it must be paved and have adequate provisions for drainage.

E. Interior animal housing.

(1) All confined, domesticated animals shall have shelter accessible which will keep off rain, provide shade and give protection from the wind. Floor conditions shall prevent slipping and provide for the bedding to be routinely dry. When an exterior lot is accessible, a minimum of 100 square feet of interior floor space per animal unit shall be provided. If no exterior lot is provided, additional adequate space, at least double the above interior floor space, shall be accessible per animal unit. Water shall always be accessible.

(2) The minimum distance from a property line for locating a building for housing large animals shall be 50 feet unless there are reasonable conditions to modify this setback.

F. Poultry. Chickens, ducks, turkeys, geese and game birds such as pheasants and quail shall be permitted provided that no more than 25 birds shall be allowed on any one-acre lot and no more than 25 birds for each additional acre up to six acres. Commercial poultry operators would have a much higher density, however the bird units indicated here are for home agricultural purposes.

G. Management recommendations for home flocks.

(1) A small flock of fowl shall be raised on a conventional litter floor with or without access to an outside yard, or confined to cages. When confined to cages, a minimum of 60 square inches of cage floor space per bird shall be provided. If the conventional floor system is used, birds shall be provided with a minimum of two square feet or three square feet of floor space per chicken. Bantams may be allotted 1/2 of the floor space recommended for standard size breeds.

(2) If poultry has access to an outdoor yard, the yard shall be a minimum size of 15 square feet of yard space per chicken. The yard must be properly maintained so as not to create odors, particularly during rainy or hot, humid days. Turkeys, ducks and geese require a yard size 50% larger than that for chickens.

(3) Sanitary conditions within the house and the yard must be maintained in order to minimize the fly and odor problems. Fly and rodent control measures must be followed according to the recommendations of the New Jersey Agricultural Experiment Station (NJAES).

(4) Poultry manure shall be either applied to the soil as organic fertilizer, worked into a compost pile, or disposed of off the premises. If stockpiled, it must be covered with soil or be in an enclosed, screened area. When disposed of on the land, the amount shall not exceed the recommended levels of 500 pounds per thousand square feet or the latest recommendations of the New Jersey Agricultural Experiment Station.

H. Fencing and outside lots.

(1) Although poultry may be raised entirely under cover with no access to the outside, some home agriculturists may want to provide an outside lot or poultry yard. If such a lot is provided, it should allow for a minimum of 15 square feet of space for every 25 birds. If birds have access to a wire porch, a similar square footage should be allowed.

(2) The yard should be fenced with wire and sufficiently strong and high enough to keep dogs and other predators from entering. The yard shall be kept free of debris, weeds and standing water and suitably screened with shrubbery or other appropriate devices. The yard shall not be placed any closer than 50 feet from neighboring property lines and shall be behind the rear of the dwelling with the normal dwelling setback from the roadway.

I. Poultry waste management.

(1) Under the conventional floor system, desirable house conditions may be maintained through a deep litter management program. Litter, consisting of dry absorbent material such as straw, ground sugar cane, wood sawdust or shavings, is added to the floor to a depth of four inches to six inches. The composting action, which subsequently takes place between the litter and the poultry droppings that accumulate daily, should result in dry floor conditions that will minimize flies and/or odors. Litter floors, when properly managed, need to be cleaned only once annually.

(2) Dropping boards beneath roosting areas and the area beneath cages, where manure accumulates, must be cleaned once every three days to five days.

(3) Poultry manure can be applied to the soil in the vegetable garden. It should be applied at a rate not to exceed 500 pounds per 1,000 square feet no more than once every three months for the total amount. Manure should be incorporated into the soil and not used on the surface as mulch. It may be composted or stored as outlined under the animal waste management section of these recommendations.

J. Pigeons. Pigeons shall be confined to a loft or "fly" (a screened exercise area for pigeons) which shall also include an interior roosting area where pigeons may be out of the weather. The loft, depending on the particular arrangement desired by the owner, may or may not allow pigeons to have contact with the ground. The loft or "fly" structure shall not be located within 25 feet from the property line.

K. Violations. Violations of this section shall be subject to the penalties enumerated in § 212-69 of this chapter in addition to those penalties which may be imposed by other agencies with jurisdiction over this area.

L. Home animal agriculture and the keeping of large animals lawfully existing at the time of the adoption of this section which does not conform to the regulations herein may be continued.

§ 212-43 Land-mining operations.

Land-mining operations may be established or horizontally extended only as specified in the Schedule of District Use Regulations[1] only in accordance with the following standards and requirements:

A. In addition to complying with the general site plan requirements of the chapter, the site plan for any prospective land-mining operation shall show the area to be excavated, depth of proposed excavation, setback from roads, highways and other property lines and before and after contour maps, at a contour interval of two feet, showing the area to be excavated, together with sufficient surrounding area to show existing and future drainage patterns. Information accompanying the plans shall stipulate the period of time during which the operation will continue, the type of equipment to be used (including delivery vehicles), the daily hours of operation and measures proposed for avoiding safety hazards, wind erosion, excessive noise and other nuisance characteristics.

B. A certificate of occupancy shall be required for any land-mining operation, and said certificate shall not be issued until authorized by the Planning Board. If the land-mining operation ceases to function for a period of one year, it shall be considered abandoned, and the certificate of occupancy therefor shall become null and void. In addition, the continuing validity of such certificate of occupancy shall depend upon continuing compliance with the following standards and requirements, together with any special requirements established by the Planning Board or Board of Adjustment where unusual circumstances exist:

(1) Any land-mining operation shall be conducted in such a manner as to obviate excessive dust and noise. Haulage roads located within 200 feet of a public right-of-way or property used for residential purposes shall be paved with a dustproof surface.

(2) Land-mining operations, together with any uses incidental thereto, excluding access rail or haulage roads, shall not be located or carried on within a distance of 200 feet from any adjoining property or street line.

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

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

(5) Sufficient topsoil shall be stockpiled during the operation to re-cover all excavated areas to a depth naturally found on undisturbed neighboring land.

(6) Provision for fencing or earthen berms may be required, depending on the nature of the operation and distance from developed areas.

(7) Before any certificate of occupancy may be issued for any land-mining operation, the owner or operator shall file with the Township Clerk a performance bond issued by an insurance company authorized to do business in the State of New Jersey, in the amount of $750 per acre for each acre licensed to be used for a land mining operation. Any such bond shall be accompanied by an agreement signed by the applicant and landowner, if a different person, granting the municipality the right of access to perform all necessary rehabilitation of bonded property in the event of forfeiture of the bond. In the event of default, forfeiture shall be made by the Township Committee after a public hearing on not less than five days' written notice, mailed to the principal and surety at their last known addresses, which notice shall be complete upon mailing. Forfeiture proceedings may be undertaken when a land mining operation has been abandoned, as provided in this section, or when, on the basis of a formal complaint, the Township Committee finds that a public nuisance or hazardous condition has been permitted to exist for a period of 30 days by the owner or operator of a land-mining operation after due notice thereof by the Building Inspector or Zoning Officer. The bond or other security may be released upon satisfactory restoration of the completed project area, or portions of the security may be released as proportional stages of restoration are accomplished on determination of the Township Committee in accordance with the above-listed operating standards and the following restoration standards:

(a) Land-mining sites involving operations above ground-water shall be two feet above the level of any permanent or spasmodic standing surface water, and all soil banks shall be left with a slope ratio not exceeding one foot vertical to three feet horizontal. Excavations that result in ponds or lakes shall be restored in accordance with recommendations provided by the Soil Conservation Service and shall be left with a slope ratio of one foot vertical to five feet horizontal, said slope to extend into the pond or lake to a minimum water depth of five feet measured at low-water elevation. Any below-water excavation shall have central portions at least six feet deep at to avoid the possibility of water stagnation. All slopes and other dry excavated areas shall be graded and covered with topsoil, fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. In the case of formerly wooded areas, rehabilitation shall be accomplished in accordance with a planting scheme arranged in conjunction with the State Forester.

(b) Depressions other than those having a permanent, below-water depth of 12 feet shall not be left below the surrounding ground level unless properly graded to prevent temporary collection of surface water. All surface drainage shall be controlled to prevent any silt or other debris from flowing over adjacent properties or public roads. All provisions to control natural drainage shall meet with the approval of the Township Engineer.

(8) Any reasonable engineering or legal expenses incurred in assuring compliance with the above requirements shall be borne by the applicant.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 212-44 Landfills; dumping. [1]

A. No commercial sanitary or other solid waste landfills shall be operated in the Township except those which may be approved as a conditional use to serve local needs.

B. No garbage, rubbish, refuse, tree limbs or roots or any other waste material except clean soil, sand, gravel or rock deposited for the purpose of regrading or landscaping the land on which deposited shall be dumped, pumped or deposited in any district within 500 feet of any municipal, County or state roadway or any lake, stream or property line, except after obtaining site plan approval, subject to such regulations or conditions that the Planning Board may prescribe and, further, subject to any applicable regulations of the Township Board of Health and the requirement that such deposition will not be objectionable by reason of dust, fumes, smoke or odor or be otherwise detrimental to the public health or safety and will not interfere with natural drainage to the extent of being detrimental to other properties.

[1] Editor's Note: See also Ch. 85, Dumping and Landfill Use.

§ 212-45 Planned residential cluster developments.

[Amended 1-28-2004 by Ord. No. 742]

Cluster residential development may be permitted (in accordance with the permitted uses in each zoning district and the Schedule for District Regulations for Maximum and Minimum Building Standards[1]), in all zoning districts, subject to the following standards and requirements:

A. An open space cluster requires that a percentage of the land area of the tract involved be permanently preserved as open space and may include active or passive open space. Passive open space may include lands preserved for the environmental sensitivity.

B. All tracts of land 40 acres or greater in size either at the time of the adoption of this chapter or that are assembled after the adoption of this chapter shall be eligible for cluster residential development, provided the application meets the following requirements:

(1) Land area equal to a minimum of 50% of the total tract of land proposed for development shall not be included in lots but shall be set aside and deed restricted for open space and recreation.

(2) The Land Use Board shall determine what percentage, if any, shall be used for one or more of the following active recreational purposes: golf courses with accompanying clubhouses and facilities; swimming pools and cabana clubs; tennis, badminton, volleyball, and basketball courts; playing fields; riding clubs; limited membership outdoor recreational areas; or private landscaped areas under the supervision of a homeowners' association as provided for in this section.

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

(4) Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of any above-referenced minimum 50% open space set aside.

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

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

C. Planned residential cluster developments as permitted shall require an environmental impact statement.

D. Provisions made within any planned residential cluster development for open space and recreational areas shall be reviewed, found adequate, and approved by the Land Use Board. In its review, the Land Use Board shall investigate the size of parcel devoted to open space and recreational areas; their location within the project; the topography; the uses contemplated upon such open space and recreational area; configurations of the parcels under consideration; facilities and improvements to be provided; the provisions made for maintenance and access to said parcels or facilities; traffic flows to and around said parcels; the ecological impacts of their placement, development and use; the staging or timing of the open space or recreational area development, and how various categories or recreational facilities or open space and their location will be proportionally related to the staging of the development of housing units, if such staging is proposed.

E. The Land Use Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items to be reviewed in determining their conformity with the provisions of this chapter, the adopted Township Master Plan, and any other plans or regulations applicable or relevant to the lands involved. The provisions made shall be deemed adequate if the Land Use Board determines that:

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

(2) The uses being designated for open space and recreational areas are reasonably related to and appropriate and sufficient to meet the needs of the project's residents for a variety of uses appealing to the anticipated residents of the proposed development, considering differences in age, income level, and interest.

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

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

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

(6) While nothing herein contained shall be deemed to require that, as a condition of development approval, a developer must make available lands for public use which are proposed for open space and recreational areas, the Township may, at any time and from time to time, accept the dedication of said land(s) or any interest therein for public use and maintenance where a free and noncoerced offer is made by the developer or owners of said land(s).

F. All cluster developments shall be considered to be planned developments and major subdivisions subject to subdivision review and approval. In addition to all regulations herein contained in this section, cluster development applications shall also require the Land Use Board find that:

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

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

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

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

§ 212-46 Low- and moderate-income housing.

The specific purpose and intent of this section is to provide a mechanism to address the Township's responsibilities to bear its fair share of the regional need for housing for low-income families and elderly of low and moderate income. Garden apartments and townhouses for this purpose only may, therefore, be permitted in accordance with the Schedule of District Use Regulations[1] and the following standards and requirements:

A. The owner or sponsor of such development shall be a bona fide public, nonprofit or limited dividend owner or sponsor of low- and moderate-income housing.

B. The applicant shall demonstrate and provide acceptable guaranties that the development is planned and will be maintained for housing low-income families or elderly of low and moderate income.

C. The applicant shall demonstrate and provide acceptable guaranties that rental or admission requirements or procedures will restrict availability of the housing to permanent residents of the Township or the housing region to which the Township has fair-share obligations. Said requirements and procedures shall also assure priority for permanent Township residents.

D. The total number of units for low-income families to be permitted under this section shall not exceed 88, which is hereby determined to be the currently existing and immediately prospective new construction need for such housing in the Township. The total number of units for the elderly to be permitted under this section shall not exceed 127, which is hereby determined to be the maximum presently foreseeable need for such housing in the Township. In the event of concurrent applications, priority shall be given to the application best meeting the intent of this chapter.

E. Number of units in project.

(1) The maximum number of units in any project shall be determined by the gross lot area per dwelling unit requirements below:

Unit Type	Square Feet of Gross Lot Area
Efficiency	2,500
1 bedroom	3,000
2 bedrooms	4,000
Each additional bedroom, add	500

(2) For purposes of this chapter, any habitable room other than a kitchen, dining room or living room shall be considered a bedroom.

F. A minimum lot area of four acres shall be required, and such lot shall have not less than 200 feet of frontage on a public street.

G. Every building shall have a minimum setback of 50 feet from any property line, 25 feet from any interior road or driveway and 15 feet from any parking area. The Planning Board may require a fence or screening along any property line if necessary to prevent nuisances to adjacent properties.

H. Open space areas adjacent to project buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass or other ground cover material. Liberal landscaping plans, including deciduous trees and evergreens, shall be made a part of the site plan submission and be subject to approval by the Planning Board.

I. A minimum of 35% of the total area of any low-income family project exclusive of normal dwelling door yard, buffer strips and parking areas shall be designated as common open space. Adequate recreation areas shall be provided, none of which shall be less than 10,000 square feet in area nor less than 100 feet in its narrowest dimension. Each recreation area shall be located conveniently to project units.

J. No building shall be located within 25 feet of another building.

K. Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum width between any two walls of at least two feet for each one foot of height of the tallest adjacent building or wall.

L. Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a minimum habitable floor area according to the number of rooms in accordance with the following:

Unit Type	Floor Area (square feet)
Efficiency	450
1 bedroom, elderly	420
1 bedroom, other	650
2 bedrooms	800
Each additional bedroom, add	100

M. In addition to required habitable floor area, there shall be a minimum storage area in each building for bicycles, carriages, furniture and similar incidental equipment of at least 70 square feet in area by a minimum of seven feet in height per dwelling unit.

N. Sufficient laundry, dry cleaning, garbage pickup and other utility areas shall be provided in locations convenient to all occupants. Their detrimental effects on the aesthetic character of the project shall be minimized where necessary through the use of enclosures or screen composed of suitable fencing, masonry walls or shrubbery at least six feet in height around the perimeter. Fencing and walls shall not be more than 50% open on the vertical surface.

O. There shall be not more than 16 dwelling units in each building or structure for low-income families. The facade of any building or structure shall not exceed 60 feet in length unless each increment of 60 feet is interrupted by an angle of at least 45° or an offset of at least five feet.

P. No dwelling units are permitted below the ground floor level.

Q. Driveways, parking areas and all pedestrian areaways shall be provided at all times with adequate illumination so shielded as to avoid deleterious glare to adjacent or nearby residential units.

R. Projects may be permitted only if approved for connection to public water supply and sewerage services.

S. All on-site electrical telephone utility service shall be installed below ground level.

T. Design features relating to curbing, driveways, parking areas, pedestrian walks, landscaping and other project elements not specified herein may be attached as conditions by the Planning Board if circumstances indicate they will further the purposes and intent of this chapter.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 212-47 Gasoline service stations, compressed natural gas fueling facilities and public garages.

[Amended 9-15-2021 by Ord. No. 988]

A. In addition to the general site plan requirements, scaled maps accompanying the application for any compressed natural gas fueling facilities, gasoline service station or public garage shall clearly delineate the actual floor space and/or ground area to be devoted to or used for the purpose of motor vehicle storage; the location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station or public garage, within 1,000 feet of the proposed building or use. The site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks that are placed below ground or the height of aboveground compressed natural gas fuel tanks, the number and location of dispensers to be installed and the type and location of all principal and accessory structures to be constructed.

B. No compressed natural gas fueling facilities, public garage or gasoline service station shall be located within 400 feet of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, or municipal building, nor within 200 feet of any existing compressed natural gas fueling facilities, public garage or gasoline service station. The measurements contained herein shall be made between the two nearest points of the building structures and not between lot lines; provided, however, that the measurements between the compressed natural gas fueling facilities, public garage or gasoline service station shall be made between the nearest point of the structure and the nearest lot line of any athletic field or public playground. The term "structure" as used herein shall include accessory structures such as dispensers, and measurements contained herein shall be made between uses on the same or opposite side of the street.

C. No compressed natural gas fueling facilities, gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless within the permanently enclosed building. All drainage, refuse, grease drippings, oily rags or other greasy or oily material shall be kept enclosed in metal containers approved by the fire underwriters for disposal.

D. There shall be no outside storage of supplies, materials or parts unless the same are contained within a permanent rack, case, cabinet or enclosure or metal or other fireproof material. Accessory goods for sale may be displayed in the building and on the pump island only. All fuel tanks shall be installed underground (excluding compressed natural gas fuel tanks which may be installed aboveground) and shall be located at least 35 feet from any property line. Each gasoline service station or public garage shall be equipped with fire extinguishers, the number, type and quality of which shall be specified by the Commissioner of Public Safety, who may require such other equipment as he deems necessary for fire or other emergency purposes.

E. In order to minimize traffic hazards and permit safe ingress and egress to and from compressed natural gas fueling facilities, gasoline service stations or public garages, the following minimum standards shall apply:

(1) For compressed natural gas fueling facilities, gasoline service stations or public garages located on municipal streets or county highways, there shall be 150 feet of frontage for those stations having not more than three dispensing pumps (not including slow-fill dispensers for compressed natural gas fueling facilities), and for every three additional pumps or fraction thereof there shall be an additional 25 feet of frontage provided. For the purposes of this § 212-47, a dispensing pump is one fueling island, notwithstanding the number of filling nozzles attached to the fueling island.

(2) For compressed natural gas fueling facilities, gasoline service stations or public garages located on state highways, there shall be a minimum frontage of 250 feet for stations having not more than three dispensing pumps (not including slow-fill dispensers for compressed natural gas fueling facilities), and for every three additional pumps or fraction thereof, there shall be provided an additional 50 feet of frontage. For the purposes of this § 212-47, a dispensing pump is one fueling island, notwithstanding the number of filling nozzles attached to the fueling island.

(3) Compressed natural gas fueling facilities, Gasoline service stations or public garages located immediately adjacent to intersections shall provide a minimum depth of 150 feet; those having frontage on one street only shall have a minimum depth of 100 feet.

(4) Driveways providing access to gasoline service stations or public garages shall be not more than 35 feet wide at any point, and they shall be located at least 10 feet from any side lot line and 35 feet from the intersection of street lines. Driveways providing access to compressed natural gas fueling facilities shall be not more than 70 feet wide at any point, and they shall be located at least 10 feet from any side lot line and 35 feet from the intersection of street lines.

F. Any building or buildings to be erected for use as compressed natural gas fueling facilities, gasoline service station or public garage or in connection therewith (excluding fueling island canopies) shall be of masonry construction exclusive of ornamentation and roof. Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be stored outside an enclosed building.

G. Any part of the site subject to access by motor vehicles shall be hard surfaced with concrete or bituminous concrete or asphalt and shall be graded and drained to adequately dispose of all surface water accumulated. Whenever the site abuts the side or rear line of a residence district or lot in residential use, a solid masonry wall or a solid fence not less than three feet high shall be erected along said side or rear lot line up to but not beyond the setback line. The materials and location of such wall or fence shall be subject to the approval of the Planning Board, and said Board may also require buffers of foliage, screen fencing or other protective devices if necessary to protect surrounding properties from the effect of light or noise generated on the site. The provisions of this Subsection G requiring solid masonry walls or solid fences shall not apply to compressed natural gas fueling facilities.

§ 212-48 Industrial uses.

A. A detailed description of the proposed industrial process, as well as its resulting products and by-products, shall be included in the application.

B. Liquid waste and sewage shall be discharged into an approved existing public sewage treatment plant or shall be treated in a treatment plant or process which is in compliance with the state statutes and the requirements of the New Jersey Department of Environmental Protection.

C. Precautions against fire hazards, air pollution, radiation and explosion; provisions for the handling and storing of materials; structural building design; and provisions for safeguarding the health of workers shall be set forth and shall comply with applicable state statutes and the requirements of the Department of Environmental Protection and Department of Labor and Industry.

D. No vibration or glare will be evident at any point more than 150 feet from the source of said vibration or light.

E. No more than two access driveways shall be permitted for each 300 feet of highway or street frontage.

F. No light industry use shall be permitted within 100 feet, and no general industry use shall be permitted within 200 feet, of any more restricted district or existing residential property, nor shall any accessory use be permitted within said distances which is not permitted within said adjoining district or existing residential property. Where circumstances necessitate, the Planning Board may increase these restrictions or require screening.

§ 212-48.1 Hotels and motels.

[Added 4-22-1998 by Ord. No. 628]

Hotels and motels may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:

A. Minimum area and yard requirements.

(1) Lot area. The required lot area shall be two acres or the minimum lot area required for the particular zone, whichever is greater; however, in no case shall the minimum lot area per unit of accommodation be less than 1,500 square feet.

(2) Lot width. The required minimum lot width shall be 200 feet or the minimum lot width required for the particular zone, whichever is greater.

(3) Lot frontage. The required minimum lot frontage shall be 200 feet or the minimum lot frontage required for the particular zone, whichever is greater.

(4) Lot depth. The required minimum lot depth shall be 200 feet, or the minimum lot depth required for the particular zone, whichever is greater.

(5) Maximum building coverage. The maximum building coverage (combined coverage of principal and accessory buildings) shall be the same as permitted for the particular zone.

B. Principal building requirements.

(1) Front yard, rear yard and side yard setbacks. The required minimum front yard, rear yard and side yard setbacks for the principal building shall be the same as required for the particular zone.

(2) Building height. The height of the principal building may exceed the maximum height requirements for the particular zoning district within which the site is located; provided, however, that the front, side and rear yard setback requirements set forth for the particular zone shall each be increased by four feet for each foot by which the height of the structure exceeds the maximum height permitted for the particular zone, and further provided that in no case shall any proposed structure exceed 50 feet in height.

C. Accessory building requirements.

(1) Setback requirements. No accessory building shall be located within the front yard setback of the principal building required for the particular zone. The required minimum rear yard and side yard setbacks for an accessory building shall be the same for the particular zone.

(2) Building height. The maximum height of an accessory building shall be the same as permitted for the particular zone.

D. Off-street loading facilities shall be provided pursuant to § 212-51.

E. Off-street parking facilities shall be provided pursuant to § 212-50.

F. A hotel/motel and all accessory buildings shall be connected to an approved and functioning public water system and sanitary sewer system prior to the issuance of any certificate of occupancy.

G. The required minimum number of units of accommodation shall be 20 units.

H. Permanent, on-site superintendent's living quarters shall be provided within the principal building as the hotel/motel use. The superintendent's living unit, however, shall not be counted toward the minimum required number of units of accommodation.

I. A minimum of 10 units of accommodation shall be required in any principal building.

J. No accessory building or structure shall be used as or contain, in whole or in part, a unit of accommodation.

K. A unit of accommodation may contain efficiency facilities; provided, however, that the applicant satisfactorily demonstrates the units containing said facilities shall be utilized primarily for transients.

L. Each unit of accommodation shall contain a bathroom.

M. A restaurant may be permitted; however, if a restaurant is provided, it shall be considered as an accessory to the hotel/motel principal use and shall be located within a principal building.

N. Other accessory uses may be permitted on the same lot as the hotel/motel principal use, and may include but shall not be limited to a swimming pool or other recreational facilities. These accessory uses provided shall not be for use by the general public but shall be used primarily by the guests of the hotel/motel. No additional on-site parking shall be required for swimming pools; however, swimming pools shall be subject to the requirements set forth in § 212-60.

O. Landscaping, buffer areas and screening shall be provided in accordance with the requirements in § 212-56.

P. A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.

§ 212-48.2 Automobile repair shop (motor vehicle repair garage).

[Added 4-22-1998 by Ord. No. 628]

A. Automobile repair shops may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and to the following:

(1) No outdoor oil drainage pits or hydraulic lifts shall be permitted.

(2) All repair shall be performed within a fully enclosed building.

(3) All vehicles awaiting repair or under repair which are stored out of doors shall be screened from public by a solid fence and/or evergreen plantings, as required by the Planning Board.

(4) No vehicle awaiting repair or under repair may be stored out of doors within the required front yard area, within 20 feet of any side or rear lot line or within 50 feet of any adjoining lot within a residential zone.

(5) If gas pumps are proposed, § 212-47, referring to automobile service stations, shall also be applicable to automobile repair shops.

(6) The storage of junk or dilapidated vehicles on the site shall not be permitted.

§ 212-48.3 Public utilities.

[Added 4-22-1998 by Ord. No. 628]

A. Public utilities such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided above ground, may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the following:

(1) A statement shall be submitted with the application setting forth the reasons that the proposed installation must be above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

(2) The proposed use shall be on a lot of not less than 20,000 square feet in area.

(3) All of the building setback and coverage requirements of the particular zone within which the site is located shall be met, except that no front yard, rear yard or side yard setback of any structure shall be less than 125% of the height of the structure.

(4) The design of any building in connection with such facility shall conform to the general character of the area and shall not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

(5) Adequate and attractive fences and other safety devices shall be provided.

(6) Sufficient landscaping, including shrubs, trees and lawn, shall be provided and maintained on a regular basis.

(7) No service or storage yards shall be permitted in any zone.

§ 212-48.4 Regional, community and neighborhood shopping centers.

[Added 4-16-2008 by Ord. No. 805]

A. Purpose. The specific purpose and intent of this section is to provide guidance for the development of shopping centers in the zoning districts specified, as defined under Article II, § 212-2.

B. Permitted uses.

(1) Municipal buildings and public educational, civic or cultural buildings and uses.

(2) Department stores (i.e., K-Mart, WalMart, etc.).

(3) Wholesale club (i.e., Costco, BJ's, Sam's Clubs, etc.).

(4) Warehouse retail (i.e., Home Depot, Office Max, Sports Authority, PETCO, etc.).

(5) Supermarkets.

(6) Professional, business or medical offices.

(7) Personal service and minor repair stores and shops.

(8) Banks and similar financial institutions.

(9) All-variety, general merchandise and specialty stores, except adult uses.

(10) Restaurants and taverns.

(11) Electronics stores.

(12) Furniture stores.

(13) Antique shops.

(14) Sporting goods stores.

(15) Garden centers and retail plant, shrub and tree nurseries engaged in the retail sale of living plant material and garden supplies.

(16) Indoor commercial recreations including but not limited to bowling alleys, ice- and roller-skating rinks, and health clubs.

(17) Automobile repair shop subject to the conditions set forth in § 212-48.2.

(18) Convenience stores.

(19) Hotels/motels subject to the standards set forth in § 212-48.1.

(20) Day care.

(21) Pharmacy.

(22) Schools/educational centers.

(23) Car wash facilities, provided that the following conditions are met together with any other applicable requirements of this chapter and other chapters of the Code of Carneys Point Township:

(a) For pad sites that are planned as part of a shopping center but located on a separate lot, the following standards shall apply:

[1] Minimum lot area: 40,000 square feet.

[2] Front yard setback: 50 feet.

[3] Rear yard setback: 75 feet.

[4] Side yard setback: 75 feet.

[5] Minimum lot frontage: 200 feet.

(b) All car washing facilities must be in an enclosed, although not fully enclosed, building. Vacuuming facilities may be outside the building but may not be located in any required yard area.

(c) Sufficient off-street stacking area to provide space for not less than eight automobiles or that number of vehicles equal to the number capable of being processed during 1/2 hour, whichever is less. Stacking of automobiles shall not be permitted in the public right-of-way.

(d) All car wash installations shall be equipped with a water recycling system for 90% of the water usage.

(e) To aid in control and drainage of car-washing water, car wash systems employing high-pressure sprays shall:

[1] Include building drains sized to accept 200% of maximum water flow and shall discharge into enclosed piping connected to the closed storm sewer.

[2] Be arranged as to contain all spray within the car wash structure.

[3] Have exit aprons equipped with grate drains and pitched for a minimum of 20 feet toward the car wash structure at a gradient of at least 1/4 inch per foot.

(f) Adequate provision shall be made to prevent excessive noise from emanating from the facility. The sound produced by any mechanical equipment involved in the operation of a car washing facility shall not exceed 65 dB(A) when measured next to an adjacent residential district or other noncommercial use or 70 dB(A) when measured in or adjacent to any commercial district.

(24) Self-storage facilities, provided that the following conditions are met together with any other applicable requirements of this chapter and other chapters of the Code of Carneys Point Township:

(a) For pad sites that are planned as part of a shopping center but located on a separate lot, the following standards shall apply;

[1] The minimum front yard shall be 100 feet. The minimum rear and side yards shall be 75 feet; provided, however, that the minimum rear and side yards may be 50 feet when the facility is located adjacent to a nonresidential building in a nonresidential zone.

(b) Self-storage facilities shall provide for the dead storage of customer's goods and materials only. No business activity other than the rental of storage space and the sale of packing materials associated with moving and/or storage of goods and materials shall be permitted.

(c) Self-storage facilities may include a manager's unit/apartment for an employee of the facility.

(d) Facades of all structures facing public streets or visible from public streets and residential uses, within 500 feet, shall be constructed of materials which are of brick, decorative masonry, finished wood or a combination of materials.

(e) All storage buildings of more than one story shall provide elevators for goods and materials to be stored.

(f) Internal driveway aisles shall be a minimum of 24 feet with parking permitted on both sides of the driveway. A driveway aisle where access is only on one side may be a minimum of 20 feet in width.

(g) No mini-warehouse or self-storage unit doors shall be constructed to open to a public street or to a residential zone.

(h) No outdoor storage of goods or materials shall be permitted except for a designated storage area for boats, recreational vehicles and other motorized vehicles, provided that such storage area does not exceed 10% of the developed self-storage area, is fenced and is screened from public roadways and residential uses within 500 feet of the boat, recreational and other motorized vehicle storage area. No repair or servicing of motorized vehicles shall be permitted except for minor repairs in order to make a stored vehicle mobile such as repair of flat tires, changing of batteries or repair of required safety devices such as taillights, headlights and turning signals. The use of boats, recreational vehicles, or other vehicles as a residence or for any habitation purposes shall be prohibited while the boat or vehicle is stored at the storage facility premises.

(25) Movie theaters, provided that the following conditions are met together with any other applicable requirements of this chapter and other chapters of the Code of Carneys Point Township:

(a) A movie theater shall be permitted one freestanding sign (in addition to the freestanding sign permitted for the shopping center) which shall comply with the following provisions:

[1] The sign shall be located a minimum of 200 feet from the shopping center's freestanding sign as permitted under § 212.48.4G.

[2] The sign shall have a maximum area of 100 square feet on each side.

[3] For theaters with multiple screens, additional sign area may be permitted, not to exceed 25 square feet per screen, with a maximum of 200 square feet of total signage.

[4] The sign shall have a maximum height of 25 feet.

(26) Fast-food/drive-through establishments, provided that the following conditions are met, together with any other applicable requirements of this chapter and other chapters of the Code of Carneys Point Township:

(a) For pad sites that are planned as part of a shopping center but located on a separate lot, the following standards shall apply:

[1] Minimum pad site area: two acres.

[2] Minimum pad site width: 160 feet as measured at the minimum building setback line.

[3] Minimum front yard setback: 50 feet.

[4] Minimum side yard setback: 50 feet.

[5] Minimum rear yard setback: 50 feet.

[6] Maximum building coverage: 25%.

[7] Maximum lot coverage: 75%.

[8] Maximum building height: 40 feet.

(b) Site design shall provide for adequate, safe, and efficient parking and circulation. The following design criteria shall be considered for all fast-food/drive-through establishments:

[1] Adequate vehicle stacking space shall be provided throughout the drive-through aisle. As a minimum, five vehicle spaces shall be provided between the drive-through pickup window and the menu board, and an additional five vehicle spaces shall be provided approaching the menu board.

[2] A bypass lane shall be provided adjacent to the drive-through lane to permit vehicles to exit the drive-through aisle at any point prior to the pick-up window.

[3] Vehicle stacking areas shall in no way interfere with vehicle or pedestrian circulation patterns. The drive-through aisles shall be clearly marked and shall be compatible with the orientation of traffic flow within the site.

[4] Adequate site distance for safety purposes shall be provided both on and off-site with regard to all vehicle operations and maneuvers.

[5] Configuration of the drive-through aisle shall be adequate to accommodate vehicle operations through the driveway aisle and parking areas.

[6] The location of trash enclosures shall not conflict with loading areas, drive-through aisles, circulations or parking areas.

(27) Gasoline filling stations, provided that the following conditions are met together with any other applicable requirements of this chapter and other chapters of the Code of Carneys Point Township:

(a) For pad sites that are planned as part of a shopping center but located on a separate lot, the following standard shall apply:

[1] Minimum pad site area: two acres.

(b) No gasoline pumps or pump island shall be located within 15 feet of a street property line, and pumps shall be aligned parallel to the adjacent roadway if possible.

(c) The pad site shall be designed to provide a minimum five-foot-wide curbed and landscaped area between the street or property line and the fuel pump island or building for gasoline service stations. The design shall be such so that only those vehicles which are waiting for fuel service can be parked between the curbed area and the pump island, building or parking area for no more than 10 minutes. The curbed and landscaped area shall also be provided between all curb cuts. On a corner lot, the curbed and landscaped areas shall be provided on both street frontages. All areas not paved or on which a building or curbing is located shall be landscaped.

(d) All underground tanks shall meet federal or state standards, and, on sites which are located on designed aquifer recharge areas, tanks shall be equipped with secondary containment features.

(e) Gasoline tank fill lines shall be located so that supply tankers shall not have to maneuver in the public right-of-way in order to make deliveries.

(f) Retail sales of convenience consumer goods shall be permitted, provided that said sales are not conducted in a building which is located between parallel pump islands, and further provided that adequate off-street parking which does not interfere with on-site stacking of vehicles is available for the convenience store facilities and employees.

(g) No portion of a gasoline filling station shall be utilized for major engine and body repairs, and shall be limited to maintenance and repair work.

(h) There shall be no more than two access driveways along any one street, unless said frontage exceeds 175 feet. In such case, a maximum of three driveways shall be permitted. The minimum distance between driveway curb cuts shall be 25 feet, and no curb cut shall be closer than five feet to an adjacent property line.

(i) On a corner lot, curb cuts shall be located a minimum of 10 feet from the intersection of street lines.

(j) Pump island canopies shall not be required to comply with general setback requirements of the zone, but shall be set back a minimum of five feet from property lines and shall not exceed 20 feet in height.

(k) No part of any building, excluding pumps, canopies or kiosks, shall be nearer than 25 feet to any street line, 20 feet from any adjacent residentially developed or zoned property or 10 feet from any nonresidential property line.

(l) No object or landscaping material exceeding two feet in height shall be placed on a corner lot within the sight triangle determined in accordance with § 185-21, except for the placement of freestanding signs, the minimum clear height of which shall be 10 feet.

(m) Gasoline filling stations may display the following signs:

[1] One freestanding sign (in addition to the freestanding sign permitted for the shopping center) advertising the name of the station and/or the principal brand of products sold on the premises, including any company insignia or emblem, provided that such sign shall not exceed 40 square feet in area on each side, shall be located not less than 10 feet inside all property lines and shall not exceed 20 feet in height.

[2] One freestanding price sign that indicates the price of gasoline to motorists, provided that said sign does not exceed 22 square feet in area on each side and shall be located not less than 10 feet inside all property lines.

[3] Lettering, insignias or emblems located on panels on the sides of pump island canopies, provided that the sign area shall not exceed 20% of total face area of the canopy. Canopy column signs shall also be permitted. However, the square footage of said signs shall be deducted from the permissible sign area on canopy signs.

[4] One wall sign attached to the face of the building, provided that said sign area shall not exceed 10% of the wall area.

[5] Customary lettering or insignia which is a structural part of a gasoline pump or which is required by law.

[6] One temporary promotional sign specifically advertising special sales or servicing prices, provided that said sign does not exceed 10 square feet in area.

[7] The use of pennants, flags, banners or similar decorations, such as whirling displays, are expressly prohibited. However, said displays shall be allowed for a period of one week to mark a grand opening.

(28) Any use not specifically listed above but which is substantially similar in purpose, function, character and effect to any one of the issues listed shall be permitted in a shopping center upon approval by the approving authority.

C. Accessory uses.

(1) For wholesale clubs and warehouse retail uses, the permitted accessory uses shall be as follows:

(a) Outdoor storage, subject to standards set forth in § 212-48.4Q.

(b) Motor service and repair, excluding major engine and body repairs.

(c) Garden centers, provided said centers are enclosed.

D. Outdoor eating areas may be established as a permitted accessory use to permitted restaurants and retail food establishments at the discretion of the Land Development Board and review of safety hazards, and in accordance with the following:

(1) All outdoor dining areas shall allow a minimum of six feet clear passage between the seats and/or tables and the curb or edge of sidewalk.

(2) Off-street parking spaces shall be set back 10 feet from the curb of an outdoor seating area.

(3) There shall be no tables, chairs, or other obstructions placed in front of any driveway, parking lot entrance, alley, or other vehicular or pedestrian thoroughfare or passageway, or placed in a location that impedes emergency egress from the building.

(4) Tables and chairs shall only be placed adjacent to the building in which the dining business is housed and must be on the same pad, lot or parcel of land upon which such business is located.

(5) The food served at outside dining tables must be the same food served by the particular dining business for consumption indoors.

(6) There shall be no outdoor preparation of food.

(7) All Board of Health regulations and requirements must be satisfied prior to the commencement of any outdoor dining.

(8) All tables and chairs must be placed and maintained in a safe and orderly manner so as to not present a hazard to pedestrian and vehicular traffic.

(9) Bollards, planters, and/or masonry half walls that total three feet in height maximum shall be used to form the edge of the outdoor eating area to provide a sense of separation between the outdoor eating area and pedestrian and vehicular traffic.

(10) Tables, chairs, and all accessories must be stored inside the premises when the dining area is not open for use, unless the tables, chairs, and accessories are either secured to the ground or constructed with weighted material so that they do not become a rolling projectile.

(11) Unless previously shown on an approved site plan, no outdoor dining area shall be permitted until a proposed plan is submitted to and approved by the Zoning Officer as being in compliance with this section and not negatively impacting any aspect of the approved site plan for the site.

(12) Nothing herein shall operate to permit outdoor dining when such use of the property is prohibited by the owner of the property or other rule or regulation. Nothing herein shall operate to vary, alter, or amend any rule or regulation relating to the sale or consumption of alcoholic beverages.

E. General regulations for shopping centers are as follows:

(1) Maximum lot coverage: 75%.

(2) Building setbacks:

(a) From the street: 50 feet.

(b) From residential zones: 50 feet.

(c) From property lines: 50 feet.

(3) Parking setbacks:

(a) From building for pad sites and neighborhood shopping centers: eight feet.

(b) From building front, side and rear for all other shopping centers: 10 feet.

(c) From street: 25 feet.

(d) From residential zone: 50 feet.

(e) From property line: 15 feet.

(4) Height:

(a) Forty feet maximum for all buildings, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery or other similar apparatus, so long as they are screened from customer view.

F. Minimum off-street parking and loading.

(1) See § 212-50B, Off-Street Parking Schedule of Minimum Requirements (Schedule A).

(2) Notwithstanding the foregoing, the Land Development Board may consider the benefits of shared parking for different uses when approving the comprehensive development plan, in order to reduce unneeded impervious coverage.

(3) Off-street loading. In addition to standards set forth in § 212-51, off-street loading and unloading shall be limited to the side and rear of the building and not in a yard adjoining a street or residential zone unless screened from view. For neighborhood shopping centers, off-street loading and unloading shall be set back at least 20 feet from adjacent residential uses or residential zone.

G. Signs. All general freestanding, facade, and entrance signs shall be coordinated into an integrated theme. The design of franchise signage and logos for individual tenants shall integrate their signage into the architectural theme of their respective buildings and spaces. Permitted signs and sign areas in connection with shopping centers shall be as follows:

(1) Freestanding signs. One freestanding, lighted sign may be permitted for one shopping center per street frontage not to exceed a height of 30 feet, and shall be set back from the future street right-of-way a minimum of 10 feet. One additional freestanding sign may be permitted at a project entrance for each 500 linear feet of road frontage.

(a) For regional shopping centers: Freestanding sign(s) shall not exceed a sign area of 250 square feet each.

(b) For community shopping centers: Freestanding sign(s) shall not exceed a sign area of 175 square feet.

(c) For neighborhood shopping centers: Freestanding sign(s) shall not exceed a sign area of 100 square feet.

(d) Freestanding signs shall be skirted to enclose the supporting pole or pylon of the sign. The skirting shall extend the full dimensions of the sign at its lower edge from ground to sign. The skirting shall not be included in the sign area calculation unless it displays a message. The area used to display the street address shall be exempted from the sign area calculation.

(e) The base of the freestanding sign shall be liberally landscaped with a combination of shrubs, ground cover, flowers, or other plant material.

(f) For shopping centers with frontage on a highway or interstate, one additional sign of 400 square feet and 50 feet in height shall be permitted.

(2) One freestanding ground (monument) sign shall be permitted per street frontage on an arterial or collector road with an entrance drive to the site in lieu of a freestanding pylon-type sign.

(a) Regional shopping center: A ground sign shall be permitted, such that the maximum sign area not exceed 150 square feet, the sign be set back at least 15 feet from the front, side and rear property lines and the sign not exceed a height of 15 feet above grade.

(b) Community shopping center: A ground sign shall be permitted such that the maximum sign area not exceed 100 square feet, the sign be set back at least 10 feet from the front, side and rear property lines, and the sign not exceed a height of 12 feet above grade.

(c) Neighborhood shopping center: A ground sign shall be permitted such that the maximum sign area not exceed 50 square feet, the sign be set back at least five feet from the front, side and rear property lines, and the sign not exceed a height of 10 feet above grade.

(3) Freestanding uses shall be permitted one freestanding sign which shall not exceed 10 feet in height and shall be set back from the future street right-of-way a minimum of 10 feet and shall not exceed 40 square feet in area for each of two sides. Such signage may be illuminated.

(4) Building-attached signs. Each tenant in a shopping center may have building-attached signage on each road or parking lot frontage not to exceed a total of three square feet for each linear foot of store frontage or up to 5% of the area of the facade, whichever is less, exclusive of the aggregate freestanding sign area permitted. Such signage shall be exclusively located along the store frontage(s), being that portion of the store serving as the primary entryway(s) for customers, and generally facing the majority of the customer parking spaces and driveway(s). Such signage may be illuminated.

(5) Animated or moving signs. No animated, flashing or moving signs shall be permitted, except for the required movement of time and temperature displays.

(6) Where the businesses are connected by a common walkway covered by a roof, each business may have one sign suspended from the ceiling perpendicular to the front wall of the building. Suspended signs shall be the same height, dimension and alignment as all other suspended signs above the covered walkway. Said signs shall be 7.5 feet at their lowest point to the finished grade below them, shall have a vertical dimension no greater than 1.5 feet and shall not exceed eight square feet in area, and the center of the sign shall be above the center of the walkway. Such signage may be illuminated.

(7) Traffic signs. Each shopping center may have traffic direction signs at each entrance and exit, in the parking lot and at other locations in the circulation system for the purposes of traffic safety (stop, yield, no parking, one-way, handicapped, etc.). These signs shall be shown on the approved site plan and shall conform to New Jersey Department of Transportation specifications if applicable. Entrance and exit signs at driveways onto public streets may have one entrance and one exit sign where, in the judgment of the approving authority, said signage is appropriate given the nature of the public street and the design of the driveway(s). Said signs shall not exceed six square feet in area, shall have a maximum of 2.5 feet in height and shall be set no closer to the road than the future street right-of-way.

(8) Sale signage. Upon approval and issuance of a temporary outdoor sign permit by the Zoning Officer, stores in a shopping center may, singly or collectively, display temporary special sale-day signs outdoors for no longer than one-week preceding the first sale day and continuing during the period of the sale but, in any event, no more than two weeks total for each sale. Each business shall be limited to a maximum of four occurrences per calendar year and each occurrence shall be limited to the installation of special sale-day signage for a maximum of two weeks. Special sale-day signs shall be limited to two one-sided signs (or one sign with two sides) with a maximum total area of 32 square feet for each side, and said signage shall be allowed in addition to other permitted signs, provided that the applicant shall provide a sketch, to scale, of the special sale-day sign and its location no farther than 10 feet from the store entrance, but in any event not in a sight triangle or other location interfering with proper driver sight distance, and shall pay a fee as required in this chapter. Special sale-day signage shall not include banners, flags, balloons, streamers, spotlights or other types of advertising or devices to attract attention.

(9) Grand opening signs. In addition to other signage permitted above, the opening of a new business shall be entitled to special grand opening flags and signs by the issuance of a temporary outdoor sign permit by the Zoning Officer. No grand opening sign shall remain displayed for more than 14 days, beginning on the initial grand opening day. These temporary signs shall be attached to the ground, shall have no portion of the sign more than six feet above grade, shall be no more than 40 square feet in area, shall be in a landscaped area, shall be outside of any sight triangle, shall be no closer than 20 feet to the street right-of-way and, if lighted, shall have exterior lights shielded so that the light source cannot be seen by either drivers on adjacent roads or driveways or by residential neighbors. No more than three flags are permitted as part of the special grand opening signage, with at least one flag being the United States Flag. Said flags shall be mounted on poles as follows: a pole 25 feet high with flags not exceeding dimensions of four feet by six feet; or a pole 20 feet high with flags not exceeding dimensions of three feet by five feet.

(10) Sign content. The content or advertising which may be displayed on signs shall be limited to the identification and location of the premises, and identification of its owners or occupants, unless specified otherwise herein.

(11) Unit numbers shall be displayed on the entrances and exits of each unit.

(12) Any sign, sign frame, sign affixed to a building, root-mounted sign, flag pole, light pole, heating or air-conditioning units shall be constructed and installed in accordance with the present building code adopted by the State of New Jersey.

H. Awnings and canopies.

(1) Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, provided they complement a building's architectural style, and are compatible with its materials, colors and details. Awning shapes shall reflect the shape of the top of the opening to which they relate.

(2) Awnings and canopies shall not extend less than eight feet from above the sidewalk.

(3) On buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.

I. Design standards. The following design standards shall be followed:

(1) A comprehensive site plan for the entire tract must be approved as part of the preliminary site plan approval.

(2) If a shopping center is built in phases, each phase shall include an appropriate share of the proposed streets and circulation system, lighting, landscaping and outdoor spaces, screening and other site amenities of the entire project and that they are functional. The extent of these improvements shall be determined for each phase of a specific project at the time of development approval and may not be based solely upon a proportional or equal share of the entire site. Requirements for a phased project may include off-site improvements.

(3) Exterior materials shall be selected for suitability to the type of buildings and the design for which they are to be used and shall be compatible between buildings.

(4) Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. If deemed appropriate by the Board, such buildings may be designed with additional height and architectural embellishments relating to their location.

(5) Ground level utility cabinets shall be landscaped or fenced to screen from view subject to the utility company's requirements.

(6) Shopping centers shall provide a pedestrian walk along the front building facades of anchor stores and all buildings connected to the anchor stores, having an average width of 12 feet. Changes in the surface material used, pattern, and/or color are encouraged, but not required, in order to define each storefront or to identify pedestrian crosswalks. Street furniture, such as benches, planters and trash receptacles, shall be provided in appropriate locations along the walk.

(7) Outdoor courtyards, plazas, squares or greens are encouraged, but not required for shopping centers in an effort to serve as public gathering points and a visual focus. Distinguishable features may be part of the outdoor area, such as fountains, statues, public art or sculpture, ponds and other forms of artwork or landscaping features with seating arrangements, to promote a comfortable environment for social gatherings.

(8) Shopping cart holding areas shall be interspersed throughout parking areas which serve single retail uses with a gross floor area over 50,000 square feet. Such shopping cart holding areas shall be located adjacent to barrier-free parking spaces where possible.

(9) All buildings shall be arranged so as to be accessible to emergency vehicles.

J. Landscaping. Landscaping shall be designed as an overall pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character. Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, and building and paving materials.

(1) All areas not utilized for building, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

(2) The periphery of all buildings and the yard areas not covered by parking shall be suitably landscaped. Such landscaping shall employ low maintenance, hardy shrubs, hedges, ground covers and trees as well as gravel, mulches, decorative concrete and brick. At a minimum, the equivalent of at least two shrubs and one shade or ornamental tree of two inches and 2 1/2 inches caliper or greater shall be provided for each 1,000 square feet of nonresidential gross leasable floor area proposed in the shopping center. Existing healthy specimen trees may be included in satisfying these requirements. These plantings shall be inclusive of any other landscaping requirements including landscaping of off-street parking areas and buffer areas.

(3) The overall landscaping plan should screen off-street parking, service and utility areas. The plan should provide for a variety of different species to protect against disease attacking all the trees. A variety should be selected with consideration for various seasons and of different colors, textures, shapes, blossoms and foliage.

(4) The plan should be particularly sensitive to local soil conditions, lack of or overabundance of water, topography and climatological factors.

(5) A landscaped buffer of not less than 25 feet in width shall be provided as part of the entire landscaping requirement adjacent to any street line or any common property line adjacent to a residential district, when otherwise required by this chapter.

(a) Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those traveling on public streets or sidewalks and to prevent the shining of automobile headlights into the yards of adjacent property or in such a manner as to create a hazard for those traveling on a public street or sidewalk.

(b) In general this buffer shall provide a visual screen between parking areas in the immediate vicinity of a street and those traveling along the street or sidewalk with materials no less than four feet above the finished grade of the parking areas.

(c) Shade trees shall be provided in the buffer at the rate of one tree per 1,250 square feet of buffer area.

(d) Buffering design is to ensure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs.

(e) More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease.

(6) Landscaping in parking lots. All parking lots over 5,000 square feet for shopping centers shall conform to the following design standards:

(a) All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas. Appropriate places for landscaping include the raised walkways or sidewalk areas, at the end of bays, and in specific planting islands established throughout the lots.

(b) The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

(c) The landscaping and planting areas shall be reasonably dispersed throughout the parking lots. Trees should be a mixture of flowering, decorative, evergreen and deciduous. Trees in parking areas should be clumped at critical corners or areas to break up the mass of cars apparent to the eye. They should also be located with care so as not to obstruct the vision of the driver.

(d) The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth.

(e) In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as meeting the requirements of this section.

(f) Not less than 10% of any parking lot over 5,000 square feet shall be landscaped with shrubs no higher than four feet when fully grown and/or with trees with lower branches removed so as not to cause traffic hazards.

(g) The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between parking stalls. It is encouraged to design center islands in combination with pedestrian walkways so that they provide a common pathway from the off-street parking spaces towards the main entrances of the building(s).

(h) Planting beds shall have a minimum width of five feet.

K. Lighting. All site lighting shall be designed, oriented and selected to prevent glare upon surrounding properties or roadways, and in accordance with the following:

(1) All lighting standards, except pedestrian lighting, shall not exceed a maximum height of 40 feet or the height of the building facade, whichever is less.

(2) Pedestrian lighting shall be low or mushroom-type standards located along pedestrian walkways. The maximum height of the pedestrian lighting shall not exceed 10 feet.

(3) Lighting intensity.

(a) Parking lots shall maintain an average of 2.0 footcandles throughout, with a minimum 1.0 footcandle. The maximum intensity at the parking lot edge shall not exceed 0.6 footcandle. If the parking lot is adjacent to a residential use or zone, then the maximum footcandle at the parking lot edge shall not exceed 0.25 footcandle.

(b) Pedestrian walkways shall maintain a minimum of 3.0 to 5.0 footcandles.

(c) Exterior downlighting affixed to buildings shall be part of the architectural concept and the light source shall be shielded from public view.

L. Curbs and sidewalks shall be provided in accordance with § 185-24 as amended.

M. Environmental impact statement. At the time of the submission of a site plan, an environmental impact statement shall be submitted in accordance with § 212-65.

N. Traffic impact study. At the time of the submission of a site plan, the applicant shall submit a traffic impact study and shall contain the existing and anticipated future peak hour flows and address the adequacy of roads/intersections affected by the proposed development.

O. Maintenance. Appropriate provision shall be made for private maintenance of interior roads and streets, including all snow and ice removal, and all buildings and land areas not dedicated to the Township. Such services shall be performed at the owner's expense.

P. Solid waste storage and recycling.

(1) All solid waste shall be placed in metal containers. If said containers are not fully enclosed or stored inside a building, then they shall be enclosed on three sides by a solid uniform fence or wall in accordance with § 212-54.

(2) The trash enclosure shall not be located within any front yard area or so as to interfere with traffic circulation or the parking of vehicles.

(3) All trash enclosures are to be provided with adequate landscape buffering and separated from any adjacent access drive or parking area by a depressed curb.

(4) The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve.

Q. Outside storage. Outdoor storage of raw materials or products incidental to a permitted principal use in shopping centers is permitted in a side or rear yard only, provided said outdoor storage area is reasonably screened from view from all streets and adjacent properties by fences, walls, plantings or a combination of all three and further provided that the area devoted to such outdoor storage is set back at least 25 feet from any property line which is also a residential district boundary line and 10 feet from any property line abutting a nonresidential use or nonresidentially zoned property.

R. Sustainable development/"GREEN" design/LEED incentive program.

(1) In order to encourage sustainable development and "GREEN" design, the following incentives are offered:

(a) Incentives to be determined.

(2) The Land Use Board will consider the incentives listed above for all proposed new shopping centers that commit, as a condition of site plan approval, to obtaining a base-level certification under LEED (Leadership in Energy and Environmental Design).

§ 212-48.5 Renewable energy facilities.

[Added 8-1-2012 by Ord. No. 871]

A. Purpose. The purpose of this section is to encourage the use of renewable energy facilities to produce electricity within the Township and to reduce dependence on nonrenewable fuels in a manner consistent with the Township's land use and environmental goals and objectives.

B. General requirements.

(1) Solar energy facilities may be ground-mounted and/or mounted to principal and accessory structures and buildings.

(2) All roof-mounted solar energy systems are considered an accessory use.

(3) Solar panels shall not be included in the calculation of lot or building coverage unless the area under the system (excluding the footings) consists of an impervious material.

(4) The design of the systems and the accessory structures and other improvements (driveways, etc.) shall comply with all Township stormwater, grading, and soil disturbance regulations.

(5) Ground-mounted solar facilities shall provide soil stabilization and ground cover under and around the arrays in the form of a mix of grasses containing a minimum sixty-percent fine fescues that are shade and drought tolerant. Vegetation shall be maintained so that it is no closer than 12 inches from any solar panel. The use of stone or herbicides for the ongoing maintenance of the ground cover shall be prohibited. Ground cover for residential installations of solar panels which are less than 1,500 square feet in size may include either the vegetated grasses as set forth herein or crushed stone or gravel.

[Amended 8-21-2013 by Ord. No. 879]

(6) To the extent practical, solar panels and wind turbines must be sited to minimize the need to remove trees or other natural features from setback areas unless acceptable replacement buffering is provided. Trees within 50 feet of property lines must be maintained as a buffer. For principal uses, trees proposed for removal in order to maximize the productivity and efficiency of the solar energy system or for grading must be identified on the site plan. Trees may not be removed from wetlands or required wetland buffer areas unless a tree replacement plan or buffer averaging plan is approved by the NJDEP.

(7) Site disturbance, including but not limited to grading, soil removal, excavation, and soil compaction, shall be minimized to the extent practical. Roadways within the site should likewise be constructed to minimize the extent of soil compaction.

(8) All electrical and control equipment shall be labeled and secured to prevent unauthorized access as required by the relevant building and electrical codes.

(9) The renewable energy system shall not be used for displaying advertisements for any product or service, except for the reasonable identification of the manufacturer or operator of the system.

(10) Abandonment.

(a) A renewable energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

(b) The Zoning Officer may issue a notice of abandonment to the landowner. The notice shall be sent via regular and certified mail, return receipt requested, to the landowner of record.

(c) The landowner shall have 30 days to respond. If information is provided demonstrating that the facility has not been abandoned, then the zoning officer shall withdraw the notice.

(d) Any abandoned facility shall be removed at the landowner's sole expense within six months after the landowner receives the notice of abandonment from the municipality. If the facility is not removed within six months of receipt of notice from the Township notifying the landowner of such abandonment, the Township may remove the facility as set forth below.

(e) When a landowner of a renewable energy facility has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such facility and place a lien upon the property for the cost of the removal. If removed by the landowner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend in with the existing surrounding vegetation at the time of abandonment.

(11) Applicants are encouraged to enter into solar easements with neighboring landowners in order to ensure continuing access to sunlight for a solar or photovoltaic system.

(12) The installation shall conform to the National Electrical Code as adopted by the New Jersey Department of Community Affairs (DCA).

(13) The installation of a renewable energy facility is subject to all Atlantic City Electric Company's (or its successor) requirements for interconnection.

(14) The height limitations provided in the Table of District Regulations for specific districts shall not apply to renewable energy facilities. Renewable energy facilities shall conform to the height restrictions provided in §§ 212-48.5C and 212-48.5D.

(15) Prior to the installation of any solar energy facility, the issuance of a zoning permit and construction permit shall be required.

C. Accessory renewable energy facilities.

(1) The primary purpose of an accessory renewable energy facility is to provide power to the principal use of the property whereon said facility is located, as an accessory use. The primary purpose of an accessory renewable energy facility under this section shall not be for the generation of power for sale, although this provision shall not be interpreted to prohibit the sale of excess power back to the utility grid from time to time from an accessory renewable energy facility primarily designed to meet the energy needs of the principal use on the property. For the purposes of this section, the sale of excess power shall be limited so that in no event an accessory renewable energy facility is generating more energy for sale each month than the equivalent of what is otherwise necessary to power the principal use on the property.

(2) All accessory renewable energy facilities require approval from the Zoning Officer and Construction Official prior to installation. Applications for an accessory renewable energy facility shall include information demonstrating compliance with the provisions of this section. In the event that the zoning officer or Construction Official finds that the provisions of this section will not be satisfied, an applicant may apply to the Planning Board for a variance in accordance with the provisions of Municipal Land Use Law (N.J.S.A. 40:55D-70).

(3) Accessory renewable energy facilities on farms. Accessory wind and solar energy facilities are permitted on preserved and unpreserved farms in any zoning district in accordance with P.L. 2009, c. 213 (approved on January 16, 2010), which permits solar and wind generation facilities, structures, and equipment on the commercial farm or within the exception area on a preserved farm, for the purpose of generating power or heat. Prior to the installation of a renewable energy facility, the landowner must apply to the New Jersey Department of Agriculture as required by Section 5 of P.L. 2009, c. 213.[1]

(a) For preserved farms the following standards apply:

[1] The accessory wind and solar energy facilities may not interfere significantly with the use of the land for agricultural or horticultural production.

[2] The accessory wind and solar energy facilities shall be owned by the landowner or will be owned by the landowner upon the conclusion of a term of agreement with the installer of the facility.

[3] The accessory wind and solar energy facilities shall be used to power or heat the farm and to reduce energy costs on the farm.

[4] The energy generation capacity shall be limited to the previous calendar year's energy demand plus 10% or at the option of the landowner may be limited to occupy no more than 1% of the area of the entire farm (including the preserved and unpreserved areas). This does not include preexisting roof-mounted equipment in place at the time of the adoption of this section.

[5] Energy produced may only be sold through a net metering system to ensure that the energy produced is primarily used on site.

[6] The landowner shall seek and obtain approval of the New Jersey State Agriculture Development Committee (SADC) before constructing, installing or operating the accessory wind or solar energy facilities. The landowner shall provide Carneys Point Township with a copy of the approval.

[7] The accessory solar and wind energy facilities shall comply with the setbacks required in Subsection C(4) and (5) below as applicable.

(b) For unpreserved farms, the following standards apply:

[1] All requirements in § 212-48.5C(3)(a) above, except for Subsection C(3)(a)[6].

[2] In addition to other activities protected by the "right to farm," a farm that conforms to generally accepted agricultural management practices (AMPs) may engage in the generation of power or heat from biomass, solar or wind energy consistent with applicable laws and the agricultural management practices adopted by the New Jersey State Agriculture Development Committee (SADC).

[3] The accessory solar and wind energy generation facilities shall comply with the setbacks required in Subsection C(4) and (5) below as applicable.

[4] The landowner shall obtain approval from the Salem County Agricultural Board.

[1] Editor's Note: See N.J.S.A. 4:1C-32.5.

(4) Accessory wind energy facilities.

(a) Wind energy facilities are a permitted accessory use in specified zoning districts subject to the following requirements:

[1] The lot must be a minimum of one acre in size, provided that the lot shape and dimensions are sufficient to meet the setback requirements below.

[2] Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure, including the blades, or 100 feet, whichever is greater.

[3] Wind turbines shall not be permitted in any front yard.

[4] Maximum height. Wind turbines shall not exceed a height of 80 feet on lots between one acre and three acres. On lots consisting of greater than three acres or more, the maximum height permitted is 150 feet. The maximum height shall include the height of the blades at the highest point.

[5] No more than one wind turbine shall be permitted per property, unless the wind turbines are used to power a farm where more than one is required.

[6] Wind turbines shall not be permitted as a rooftop installation.

[7] Wind turbines on residential properties shall have the nameplate capacity of 100 kilowatts or less.

(b) Noise. All wind energy facilities shall comply with the following:

[1] Between the wind turbine and a residential use or residential zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.

[2] In all other cases at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.

[3] These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.

(c) Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.

(d) Accessory wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority. Proposed lighting should be shown on the plan and shall be in accordance with FAA regulations.

(e) The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.

(f) All moving parts of the accessory wind energy facility shall be a minimum of 12 feet above ground level.

(g) The blades on the accessory wind energy facility shall be constructed of a corrosive resistant material.

(h) All guy wires and all parts of the accessory wind energy facility shall be located on the same lot as the facility.

(i) All equipment must be painted or finished to minimize visual impact. Neutral colors are required, such as white, gray or beige.

(j) Approval required. All applications for accessory wind energy facilities shall be presented to the Planning Board for minor site plan approval.

[1] Permit and site plan requirements. In addition to other normally required application materials for site plan applications as set forth in the Land Development Checklist, the site plan application shall be accompanied by a plot plan which includes the following:

[a] Property lines and physical dimensions of the property;

[b] Location, dimensions, and types of existing structures on the property;

[c] Location of the proposed accessory wind energy facility tower;

[d] The location of the right-of-way of any public road that is contiguous with the property;

[e] The location of overhead utility lines;

[f] Equipment specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed);

[g] Tower and tower foundation drawings signed and sealed by a professional engineer licensed in the State of New Jersey;

[h] Sound level analysis prepared by the wind turbine manufacturer or qualified engineer, including noise levels of the proposed facility at all property lines and the closest neighboring inhabited dwelling.

[i] A visual analysis must be submitted, including photos of the subject property, that graphically simulates the appearance of any proposed facility and indicating its view from at least five locations around and within one mile of the proposed tower;

[j] A report from a structural engineer containing the following: a description of the tower, including a description of the design characteristics and material; and documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the applicable minimum safety requirements. The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer for the wind turbine.

[k] Every two years the landowner shall submit a maintenance report to the Construction Official attesting to the structural integrity of the tower and/or support system. If the Construction Official has a reason to believe that any portion of the system is deficient, as a result of an analysis of the report or through personal observation, the Construction Official shall take all appropriate actions necessary to resolve and correct the deficiency.

(5) Accessory solar energy facilities.

(a) Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches from the surface of the roof. Roof-mounted solar panels shall not be included in calculation of building height.

(b) Solar panels shall be permitted as ground arrays in accordance with the following:

[1] All ground arrays shall be set back a minimum distance of 20 feet from all property lines in addition to any required agricultural buffer in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided herein. Ground arrays shall not be permitted within any required buffer area.

[2] Ground arrays shall not be permitted in a front yard.

[3] Ground arrays shall not include reflective mirrors to intensify solar rays.

[4] Ground arrays shall not exceed a height of 13 feet, except where mounted over a surface parking lot, in which instance they shall not exceed a height of 20 feet.

[5] Ground arrays shall not exceed a gross area of 1,000 square feet in residential zones or areas, except where mounted over a surface parking lot, in which instance the gross area shall not exceed the area of the parking lot used for residential purposes.

[6] Existing landscaping and lighting provided for the parking lot shall be retained. Additional lighting may be required to provide for adequate lighting beneath the ground array.

[7] Where mounted over a parking lot, the arrays shall be designed in such a manner that rainwater and melting precipitation shall not be deleterious to pedestrians and vehicles under the arrays, nor to the ground surface, landscaping or other features surrounding the parking lot.

[8] Ground arrays may exceed 1,000 square feet in nonresidential zones, subject to site plan approval from the Planning Board.

D. Commercial solar energy facilities.

(1) Purpose. The primary purpose of a commercial solar energy facility is to produce energy from renewable sources for sale directly to a particular customer or by distribution through the energy distribution infrastructure (the grid).

(2) Requirements for commercial solar energy facilities.

(a) Minimum lot size: 10 acres.

(b) Buffers. If the property is adjacent to a permanently preserved farm, it shall buffer the solar facility from view with an opaque landscaped screen consisting of a double row of evergreen trees, a minimum of eight feet high at the time of planting. Agricultural buffers must be maintained where required in accordance with § 212-56.1. However, for equipment and nonbuilding structures, the agricultural buffer and the setbacks in Subsection D(2)(g) below need not be aggregated. Rather, the greater of the setbacks applies. For example, if the agricultural buffer required is 50 feet and the setback is 50 feet, the required setback is 50 feet (not 100 feet).

(c) Minor site plan approval shall be required if the gross area of ground-mounted systems, including the aggregate area of disturbance for multiple systems, consists of less than 5,000 square feet.

(d) Major site plan approval if the proposal consists of 5,000 square feet or more of disturbance.

(e) The site plan must show the location of any proposed or existing substation, inverter, transformer, or overhead transmission lines.

(f) The solar energy facility equipment may be located outside as necessary for the function of the system and is not limited by the requirements of the underlying zoning districts limiting outdoor storage.

(g) Buildings, structures, inverters and equipment cabinets must meet the following bulk and setback requirements:

[1] Front yard setback: 100 feet.

[2] Rear yard and side yard setback to residential zone: 100 feet.

[3] Rear yard and side yard setback to nonresidential zone: 50 feet.

[4] Maximum building height: 25 feet.

[5] Ground arrays must be set back a minimum of 50 feet from all property lines (or the agricultural buffer distance, whichever is greater).

(h) The maximum permitted height for ground arrays is 13 feet.

(i) Substations shall be set back a minimum of 100 feet from all property lines and must be buffered with evergreen trees.

(j) Ground-mounted systems shall be screened from view with an opaque visual screen containing a combination of plantings, a fence and/or earthen berm, which must be approved at the time of site plan approval.

(k) Evergreen trees shall be a minimum of six feet at the time of planting, and deciduous trees shall be a minimum of three inches caliper.

(l) The screened buffer area shall be a minimum of 30 feet in width to adjacent residential properties and 20 feet in width between nonresidential properties and along public roads.

(m) In addition to the perimeter screening standards, substations shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

(n) Existing vegetation, including existing hedgerows or windbreaks, shall be retained to the extent practical to provide or partially provide the required opaque visual screen.

(o) The applicant must submit a narrative with the site plan application explaining:

[1] The intended consumers of the electricity produced;

[2] The anticipated number of employees at the site and the anticipated vehicle traffic;

[3] Description of how the energy generated by the facility will be transmitted to the larger electrical distribution system;

[4] The type of solar or photovoltaic panels proposed;

[5] How the facility will be maintained.

(p) In addition to other required site plan information, the site plan must illustrate the following:

[1] The location of proposed and existing overhead and underground utility and transmission lines;

[2] Location and dimensions of any proposed or existing substations, inverters or transformers;

[3] Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

(q) One off-street parking space is required for each employee anticipated during the busiest shift, plus one visitor space.

(r) All exterior electrical lines must be placed in a conduit pursuant to National Electrical Code except for such portion of lines that are connecting or will connect to overhead wires for the use of electricity off site, and, except to such portion of lines that are connecting or will connect to overhead wires for use of electricity off site, exterior electrical lines shall be buried below the surface of the ground where needed in order to comply with the National Electrical Code or standards or regulations promulgated by DCA or the New Jersey Board of Public Utilities.

(s) Eight-foot-high black-vinyl-clad chain-link fencing shall be provided for security purposes around the entire perimeter of the facility.

(t) All new utility lines shall be installed underground.

§ 212-48.6 Adult-use and medical cannabis.

[Added 7-21-2021 by Ord. No. 983; amended 6-15-2022 by Ord. No. 1004]

A. Purpose. To provide for the placement of cannabis and medical cannabis establishments in suitable locations within the Township of Carneys Point in order to minimize potential adverse impacts of such facilities.

B. Definitions.

(1) Unless otherwise indicated, terms used throughout this section shall be defined as they are in Section 3 of the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act"),[1] and Section 3 of the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).

[1] Editor's Note: See N.J.S.A. 24:6I-33.

(2) Definitions pertaining to land uses are found in § 212-2.

C. Site plan reviews are required for all adult-use and medical cannabis establishments as set forth in § 212-65.

D. Limitation on the number of medical cannabis and adult-use cannabis establishments.

(1) A maximum of two adult-use cannabis retailers shall be permitted within the Township.

(2) A maximum of two medical use cannabis dispensaries shall be permitted within the Township.

E. Locational requirements.

(1) Adult-use cannabis retailers shall not be located or advertised within a drug-free school zone (within 1,000 feet of a school property boundary line), 1,000 feet of a public park and places of worship (i.e., churches, synagogues, mosques, etc.), which shall be measured from the property line. Cultivation, manufacturing, distribution, delivery and testing facilities are not subject to this provision.

(2) No adult-use retail establishment shall be permitted to be located within 1,500 feet from another adult-use retail establishment, which shall be measured from the property line.

(a) Stand-alone cultivation centers and manufacturing facilities are not included within this prohibition as long as the secured facility does not contain a dispensary or have public access. Signage for the cultivation center or manufacturing facility shall remain innocuous and part of the general directional signage typically found in industrial manufacturing facilities. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.

(3) In the event more than one land use application for a dispensary, cultivation center or manufacturing facility of the same classification are submitted to the Township in close proximity to one another, and if the applications comply with all the requirements of this chapter and the Act, the Township is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Township shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the Township Engineer, Township Planner, or Zoning Officer.

F. Specific requirements. In addition to pertinent requirements of implementing regulations of the Cannabis Regulatory Commission ("Commission"), cannabis establishments shall comply with the following:

(1) All aspects of a medical cannabis or cannabis establishment relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of cannabis, products containing cannabis, cannabis accessories, related supplies, or educational materials shall take place at a fixed location within a fully enclosed building dedicated to the cultivation of cannabis and shall not be visible from the exterior of the business.

(2) No unprotected storage of cannabis or related supplies or materials is permitted.

(3) All Township sign regulations must be complied with.

(4) Cannabis businesses must limit signage to text on external signage. Use of graphics shall be limited to the logo for the business so long as it does not include a cannabis plant leaf and outward glorification of cannabis consumption.

(5) Cannabis business signage shall not display on the exterior of the facility or windows advertisements for cannabis or a brand name except for purposes of identifying the building by the permitted name.

(6) Parking shall be provided in accordance with § 212-50, except that:

(a) Dispensary shall be the same as retail.

(b) Cultivation center shall be the same as research laboratories.

G. Use regulations. In addition to pertinent requirements of implementing regulations of the Cannabis Regulatory Commission ("Commission"), cannabis establishments shall comply with the following:

(1) Uses under this section and within the Carneys Point Township Code shall only consist of the uses and activities permitted by their definition under state law.

(2) Cannabis consumption areas are prohibited within the Township of Carneys Point.

(3) No cannabis (medical or adult-use) shall be smoked, eaten or otherwise consumed or ingested on the premises of a licensed cannabis establishment.

(4) Retail sales of cannabis products and opening of the premises to the public shall occur only during the hours of 8:00 a.m. to 10:00 p.m., Monday through Sunday.

H. Security and reporting.

(1) Security systems must be in place, along with a 24/7 recording system that records for a minimum thirty-day archive. This system shall be shared with the Carneys Point Police Department via web browser. Outside areas of the premises and the perimeter shall be well lit. The Carneys Point Police Department shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours. Security staff is required on the premises during all hours of operation.

(2) The premises must only be accessed by authorized personnel and free of loitering.

(3) Security personnel must be present during times of operation.

I. No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served or consumed on the premises of a cannabis business.

J. Storage of products. All products and accessories shall be stored completely in accordance with the enabling Act and the permitting authority regulations.

K. Storage of currency. All currency over $1,000 shall be stored within a separate vault or safe, not used for the storage of medical cannabis or adult-use cannabis, securely fastened to a wall or floor, as approved by the Township of Carneys Point Police Department.

L. Prevention of emissions and disposal of materials.

(1) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the cannabis business premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the business premises, the property owner and operator shall be jointly and severally responsible for the full cleanup immediately.

(2) Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.

(3) As applicable, cannabis businesses shall be equipped with odor control filtration and ventilation systems based on the then-current industry specific best control technologies and best management practices sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.

(4) All state regulations concerning ventilation systems shall be followed.

(5) Additional regulations may be imposed as part of site plan review.

M. Submittal requirements. Above and beyond the standard application for site plan review, an application under this section shall include the following:

(1) Copies of all required licenses or registrations issued to the applicant by the State of New Jersey and any of its agents for the facility.

(2) Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed, lease or purchase and sale agreement, and a signed statement from the property owner.

(3) In addition to what is normally required by site plan review, submittal shall also include details showing all signage. Exterior proposed security measures for the premises, including cameras, lighting, fencing, gates and alarms, etc., ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity.

N. Compliance with other codes. Any cannabis business and the adjacent grounds of the cannabis business shall comply with all zoning, health, building, fire, and other codes and ordinances of the Township as shown by completed inspections and approvals by the Township Planner, Township Engineer, Construction Division, Fire Safety Division, and the Township of Carneys Point Health Department, if applicable.

O. No harm to public health, safety or welfare. The premises of a cannabis business, and any adjacent grounds thereto, shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.

P. Additional requirements. The Township may impose on the applicant for a cannabis business any condition or fee related to the proposed use that is reasonably related to the protection of the public health, safety or welfare, not inconsistent with the permitting authority requirements, including but not limited to the following:

(1) Licensing fees;

(2) Additional security requirements;

(3) Limits and requirements on parking and traffic flows;

(4) Requirements for walls, doors, windows, locks and fences on the premises and adjacent grounds;

(5) Limits on cannabis products that may be sold;

(6) Requirements and limits on ventilation and lighting;

(7) Limits on noise inside the licensed premises or on the adjacent grounds;

(8) Prohibitions on certain conduct in the cannabis business;

(9) Limits on hours of operation.

Q. Penalty for violation. Each and every person or entity failing to comply with any of the provisions in this chapter shall, upon conviction thereof, be punished by a fine of up to $2,500 per offense, a term of imprisonment of up to 90 days and/or be required to perform community service for up to 90 days. Each day a violation exists shall constitute a new and separate offense subject to prosecution.

R. Community host agreement will be required and approved by the Township Committee, which shall be reviewed and renewed on an annual basis by the Township. The community host agreement shall be deemed to be automatically renewed unless the Township receives a written objection prior to the annular renewal date. Any person or entity, including the Township, may file such an objection with the Township Clerk. Immediately upon receipt of a written objection duly signed by an objector, the Township shall set the matter down for a hearing and notify all parties of the date, hour and place thereof. The hearing shall be conducted by the Township Committee, which shall make the ultimate decision with respect to the renewal of the community host agreement. Said hearing shall be stenographically or electronically recorded.

[Amended 6-19-2024 by Ord. No. 1056]

S. Discontinuance of use.

(1) Any medical cannabis or cannabis establishment permitted under this section shall be required to remove all material, plants, equipment and other paraphernalia in compliance with implementing regulations of the Commission prior to the expiration of its operating license or permit issued by the Township and the State of New Jersey or immediately following revocation or voiding of such license or permit.