Any driveway providing access from a public street or way to any permitted use or structure shall comply with the following regulations:

A.

Driveways shall enter the street or road right-of-way at an angle between seventy-five (75) and one hundred five (105) degrees.

B.

The portion of the roadway lying between the right-of-way line of the street and the driveway shall be surfaced as a driveway extension by the developer to a standard equal to the quality of the travelled portion of the road to which it connects.

C.

Any curb opening shall be properly reconstructed by the developer to the satisfaction of the municipal engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed by the developer as determined by the municipal engineer.

D.

Driveway grades shall not exceed eight percent for a distance of forty (40) feet from any street or road right-of-way line.

E.

Driveway widths at the street right-of-way line shall be a minimum of twenty (20) feet and a maximum of thirty-five (35) feet in connection with commercial and industrial uses; and a minimum of ten (10) feet and a maximum of twenty (20) feet in connection with residential uses.

(Ord. 89-8 § 8.1)

In any zoning district, fences, walls and hedges may be located within required yard areas so long as they do not encroach on public rights-of-way or neighboring properties, or conflict with the provisions of Section 17.20.050.

(Ord. 89-8 § 8.2)

A.

The specific purpose and intent of this section is to prevent excessive and unsafe development in areas deemed unfit by reason of flood danger, unsanitary conditions and related hazards; to minimize danger to public health by protection of water supplies, recharge areas and nature drainage systems; and to promote the health, safety, and welfare of township residents and property owners in and near streams and areas subject to flooding.

B.

Floodplain Areas. There are designated within the township, floodplain areas comprised of those sections of the township which are defined as floodplains in The Army Corps of Engineers Maps of all drainage areas in the township. Within the floodplain areas described above, there are designated floodways as defined in this title.

1.

Map Filing and Amendment. For the purpose of defining the application of a floodplain area to any specific area, the maps, data, and other source material utilized to establish, define, and designate floodplain areas shall be kept on file in the municipal engineer's office and shall be proof of the intended limits of the floodplain areas. Any general changes in the floodplain areas as may, from time to time, be determined to be proper by a survey of the municipal engineer or as a result of acceptable engineering delineation accomplished by an outside agency, may be recommended by the municipal engineer as an amendment to the township floodplain area and may be considered for proper enactment as an amendment to this title and the zoning map.

2.

Interpretation. In case of any dispute concerning the boundaries of floodplain areas or floodways as delineated by this title, an initial determination shall be made by the municipal engineer. Any party aggrieved by a decision of the municipal engineer as to the proper location of such boundaries may appeal to the township zoning board of adjustment as provided in Section 17.32.190 of this title. For the purpose of this section, if the municipal engineer has determined the map boundary lines to be correct, any change in such boundaries applied for shall be considered by the board of adjustment as an application for a use variance. The burden of proof in any such appeal shall be on the appellant.

Any appeal to utilize land located within the floodplains for purposes not permitted by this section shall be considered by the board of adjustment as an application for a use variance as provided in this title.

C.

Permitted Uses.

1.

Within the floodway of any floodplain areas, the uses permitted under Article 6, Part 1 of the CMP shall be permitted.

2.

Within the remaining portions of floodplain areas all uses listed in subsection (C)(1) of this section, together with those uses permitted and regulated by this title for the zone district in which the area is located, as such zoning districts are set forth and delineated on the zoning map of the township, shall be permitted provided that:

a.

All requirements of Article 6, Part 1, are complied with respect to such areas which are wetlands under the CMP;

b.

The maximum lot coverage shall be five percent;

c.

Any structure proposed to be erected, constructed or located shall not have a basement, or shall have its foundation designed to prevent flooding of the basement area;

d.

No vegetation removal or regrading of the site shall be carried out unless expressly permitted by the township planning board after site plan review and a determination by the board that any land disturbance activity is the minimum required to accomplish the use to be permitted.

3.

Where less than twenty (20) percent of an existing lot is located within a floodplain area, the uses, as permitted and regulated by the ordinance for the zone district in which the area is located, shall apply, provided that no structures are placed within the floodplain area. In the case of lots split by the floodplain area designation, all construction and accompanying land disturbance activities shall take place outside the floodplain area, unless construction within or land disturbance of the floodplain area is permitted in accordance with the provisions of this subsection.

4.

All nonconforming uses, created as a result of the enactment of these regulations, shall not be expanded or be rebuilt or reestablished in the event of their destruction or abandonment, (as per Chapter 17.16) except as provided by this subsection.

D.

Municipal Liability. The granting of a zoning permit in the floodplain area shall not constitute a representation, guarantee or warranty of any kind by the township or by any official or employee thereof of the practicability, and safety or flood proof status of the proposed use nor shall the granting of such a permit create any liability upon the township, its officials, or employees.

(Ord. 89-8 § 8.3)

No use shall be permitted within the township which does not conform to the standards of use, occupancy, and operation contained in this subsection. The standards contained herein are established as the minimum requirements to be maintained within the township in all cases except where superceded by a state or federal agency requirement.

A.

Procedure. All applications for development or use permits in the C district as well as any application for industrial or manufacturing use in any other zoning district, shall be accompanied by written opinions by competent technical experts that the performance standards contained in this title will be met by the proposed use. In determining competency of experts, the planning board may utilize training and experience requirements used by applicable divisions and bureaus of the Department of Environmental Protection for qualifying their inspection personnel. All such applications shall be accompanied by a fee of five hundred ($500.00) dollars to be used by the township to defray the cost of experts retained for the purpose of reviewing application proposals and making recommendations to the township planning board concerning conformance to performance standards contained herein.

1.

If, during the process of reviewing any application, the initial fee is not sufficient to cover the cost of required professional services, an additional sum shall be provided by the applicant to cover the cost of such services. In the event the entire amount of the initial fee is not required to cover the cost of professional service required by the township in the review of the application, any portion of the fee remaining at the time a certificate of occupancy is issued shall be returned to the applicant.

2.

If, after a certificate of occupancy has been issued for any industrial use and there is reasonable evidence that such use has fallen below the standards of performance contained herein, the planning board may, upon the advice of a qualified technical consultant, direct the zoning officer to issue a written notice to the industry in question, citing those specific standards being violated. The cost of such consultant shall be chargeable to the industry in question if, after hearing, a violation is found to exist or to the township if no violation is found to exist. If, after a public hearing upon such written notice, a violation is determined to exist and the owner or occupant fails to correct the violation within a reasonable period of time, the certificate of occupancy granted on the basis of the above established procedure shall become null and void and shall not be reinstated until the planning board has evidence that the violation has been corrected or that the industry is in compliance with the performance standards after re-application according to the procedures listed above for the employment of technical experts in the same manner as if the board was entertaining an initial application.

B.

Standards of Performance. No use shall be permitted within the township which does not conform to the following standards of use, occupancy, and operation. The following standards are established as the minimum requirements to be maintained with the township:

1.

Noise. For zoning districts other than Highway Commercial, there shall be no noise measured along the property line on which the use is located which shall exceed the values given in the following table:

For Highway Commercial zoning district, there shall be no noise measured along the property line on which the use is located which shall exceed the value given the following table:

The sound pressure level shall be measured with a sound level analyzer that conforms to specifications published by the American Standards Association, Inc., New York, New York, under the following: "American Standards Sound Level Meters for measurement of noise and other sounds, Z 24.3-1944" and "American Standards Specifications for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, Z 24. 10-1543."

2.

Odor. No emission of odorous gases or other odorous material in such quantity as to be offensive at the lot lines or beyond shall be permitted.

3.

Glare or Heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building so that no operation will produce heat or glare beyond the property line of the lot on which the operation is located.

4.

Radiation. No activity involving ionizing radiation shall be permitted which will cause radiation at any point on or beyond any lot line in excess of limits contained in the U.S. Nuclear Regulatory Committee's Rules and Regulations Title 10, Part 20.

5.

Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point on or beyond any lot line on which the use is located.

6.

Smoke. There shall be no emission of smoke from any source whatever to a density greater than that prescribed by the laws of the state of New Jersey.

7.

Toxic or Noxious Matter. No use shall, for any period of time, discharge any toxic or noxious matter.

8.

Dust or Dirt. No emission which can cause any detrimental effects to human beings, animals, vegetation, property or which can cause any excessive soiling at any point, and in no event any emission from any chimney or otherwise of any solid or liquid particles shall be permitted in excess of that prescribed by the law of the state of New Jersey.

9.

Fire and Explosion Hazards. All industrial activities shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazards as determined by the New Jersey Inspection Bureau, to a use on an adjacent property. Free or active burning of intense burning materials shall be enclosed with incombustible walls and shall be set back at least forty (40) feet from any lot line or shall be protected with automatic sprinklers. Materials or products which produce flammable or explosive vapors under ordinary weather temperatures shall be adequately safeguarded.

10.

Liquid or Solid Waste. No discharge at any point into any private sewage disposal system or stream or into the ground of any material in any such way or of such nature or temperature as can contaminate water supply or otherwise cause the emission of dangerous or objectionable elements shall be permitted except in accordance with the standards approved by the board of health of the township and the State Department of Health of the township and the State Department of Health, where it has jurisdiction, or in the event that such standards as may be required for controls are not included in such departments, then standards of agencies equivalent to those shall apply. No accumulation of solid waste conductive to the breeding of rodents or insects shall be permitted and no material or wastes shall be deposited upon any lot in such form or manner as may be transferred off of that lot by natural causes or forces. Effluent from a treatment plant shall, at all times, comply with all applicable state and federal water quality standards whichever are stricter.

11.

Electromagnetic Interference. No activities shall be permitted (except domestic household appliance use) which produce electromagnetic interference in excess of standards prescribed by the Federal Communications Commission.

12.

Buffer Zones. Any permitted commercial use located adjacent to a residential district boundary line shall observe a two hundred (200) foot building line setback from a residential district boundary line. This area shall constitute a buffer zone that may be utilized only for landscape or natural plantings; for agricultural purposes and for other planning board approved open space uses.

C.

Whenever any use requires a permit or permits from any regulatory agency other than the township for construction or operation, all such permits must be obtained prior to the granting of any permits or approvals under this title.

(Ord. 89-8 § 8.4)

In any district, nothing shall be erected, placed, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and eight feet above the center line grade of abutting street or streets within thirty (30) feet of an intersection of street lines involving a state or county road; within twenty (20) feet of an intersection or street lines involving two municipal streets; or within fifteen (15) feet of an intersection involving boundary lines of a driveway and a street.

(Ord. 89-8 § 8.5)

Off-street loading space shall be provided in accordance with the following standards and requirements:

A.

An off-street loading space, as defined in this title, shall be required:

1.

For each ten thousand (10,000) square feet of gross floor area in a hospital;

2.

For each twenty-five (25) square feet of gross floor area in a funeral home (dimensions of loading space may be reduced to thirty-three (33) feet by twelve (12) feet);

3.

For each twelve thousand (12,000) square feet of gross floor area in a commercial use or manufacturing establishment.

B.

All off-street loading spaces shall be surfaced with asphaltic or portland cement concrete and required loading areas together with their access ways shall not be encroached upon or reduced in any manner or devoted to any other use.

C.

The arrangement of off-street loading space shall be such that no vehicle shall have occasion to back into any street or road.

D.

Off-street loading areas shall be so located or screened in a manner that they cannot be seen from within any residential district.

E.

When the computation to determine the number of required loading spaces results in a requirement of a fractional space, any fraction to and including one-half shall be disregarded and fractions exceeding one-half shall require one space.

(Ord. 89-8 § 8.6)

Adequate off-street parking space, open air or indoor, shall be provided with all new construction or the creation of new uses as specified in this title, on the same lot with the use they are intended to serve, except as provided under subsections (B) and (C) of this section and shall be furnished with necessary passageways and driveways providing efficient access to the nearest public street:

A.

Access aisles and driveways to parking areas shall be not less then twelve (12) feet in width. Aisles and driveways within parking areas shall have a minimum width of:

1.

For ninety (90) degree to sixty (60) degree angle parking, twenty-four (24) feet;

2.

For sixty (60) degree to forty-five (45) degree angle parking, nineteen (19) feet;

3.

For less than forty-five (45) degree angle parking, seventeen (17) feet; and

4.

For parallel parking, twelve (12) feet.

B.

The collective provisions of required off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required for involved buildings or uses computed separately, unless it can be demonstrated to the satisfaction of the board of adjustment that all or part of the separate parking requirements are mutually exclusive as regards periods of need.

C.

For commercial and noncommercial uses in commercial districts, required parking area shall be required within one hundred fifty (150) feet of such use, such distance to be measured from the nearest point of the parking facility to the nearest point of the building that such facility is designated to serve.

D.

All off-street parking areas shall be maintained with a graded, dust-free surface that is well-drained, such as gravel or stone for light residential and agricultural uses and black top or better for all other uses. Entrances and exits for all required parking facilities shall be located not less than thirty (30) feet from the intersection of any two (2) street lines and the arrangement of off-street parking areas providing space for more than two vehicles shall be such that no vehicle would have occasion to back into a street.

E.

Certificates of occupancy for permitted uses requiring off-street parking areas shall remain valid only so long as required parking areas are not encroached upon, nor reduced for the purpose intended.

F.

All off-street parking areas providing for more than ten (10) parking spaces shall be located, or screened, in such a manner that they cannot be seen from within a residential district.

G.

Adequate shielding shall be provided in connection with parking lots providing space for more than ten (10) vehicles to protect adjacent residential zones from the glare of both parking lot illumination and automobile headlights.

H.

Off-street parking space, together with adequate access and maneuvering areas shall be required as follows:

1.

Two spaces for each dwelling unit;

2.

One space for each two hundred (200) square feet of gross floor area in connection with any retail business, except that any business or part thereof serving patrons on the premises shall provide one space for each three seating spaces provided;

3.

One space for each one thousand (1,000) square feet of gross floor area or for each three employees (whichever requires a greater number of spaces) in connection with any wholesale business use or in connection with any manufacturing or other use permitted in the Commercial (C) district;

4.

One space for each one thousand (1,000) square feet of lot area or outdoor commercial amusements;

5.

One space for each room in any use providing transient guest accommodations;

6.

One space for each five beds in a hospital or institution for children or aged;

7.

One space for each five hundred (500) square feet of gross floor area for office buildings;

8.

One space for each seats in a church or auditorium;

9.

One space for each six persons of rated user capacity for clubs, golf course clubhouses, and noncommercial or commercial recreation uses;

10.

One space for each one thousand (1,000) square feet of gross floor area of libraries and museums;

11.

One space for each four beds of an educational institution dormitory;

12.

One space for each one thousand (1,000) square feet of gross floor area for college classrooms, laboratories, student centers or offices;

13.

One space for each four persons of rated capacity for theatres, gymnasiums, or stadiums;

14.

One space for each one-half classroom in elementary schools, one-quarter classroom for junior high schools and one-sixth classroom or senior high schools.

15.

For any other building types which do not fit into one of the above categories, a determination of the required number of spaces shall be made by the planning board.

(Ord. 89-8 § 8.7)

Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use of a building and a part of the normal operations conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district and shall be screened according to the provisions of Section 17.20.090 from any property used or zoned for residential purposes.

(Ord. 89-8 § 8.8)

Whenever screening is called for in this title, or as a condition imposed by the planning board or board of adjustment, it shall be installed according to the following standards and requirements:

A.

Natural screening shall consist of a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting, of suitable type and species that may be expected to form a year-round, dense screen at least six feet high within a period of three years.

B.

Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that no more than fifty (50) percent of its area is open.

C.

All such screening shall be maintained in good condition at all times; may be interrupted only by normally required entrances and exits; and shall have no signs attached, other than those permitted in Section 17.20.100.

(Ord. 89-8 § 8.9)

No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles, traffic direction and identification signs. Signs shall be permitted in accordance with the following standards and requirements:

A.

In all zoning districts, the following signs not exceeding two square feet in area shall be permitted without obtaining a zoning permit:

1.

All signs and signals owned or operated by the township, the county of Burlington, the state of New Jersey or the United States of America;

2.

Identification signs for public and quasi-public facilities such as schools, churches, hospitals, libraries and campgrounds;

3.

Memorial or historical markers or tablets;

4.

Traffic directional signs when approved by the engineer.

B.

No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted in any area.

C.

No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in any area.

D.

No outdoor off-site commercial advertising sign, other than signs advertising agricultural roadside stands, shall be permitted in the Pinelands area of the township.

E.

No existing sign which does not conform to subsections B through D of this section shall be permitted to continue beyond January 14, 1991.

F.

To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.

G.

Sign Requirements. No sign shall be constructed, repaired or maintained except in accordance with the provisions of this section.

H.

The following signs are permitted in all zones:

1.

Official public safety and information signs displaying road names, numbers and safety directions;

2.

On-site signs advertising the sale or rental of the premises, provided that:

a.

The area on one side of any such sign shall not exceed twelve (12) square feet,

b.

No more than one sign is located on any parcel of land held in common ownership;

c.

Such signs shall be removed at the expense of the advertiser within fifteen (15) days after the termination or completion of the matter or business being advertised;

3.

On-site identification signs for schools, churches, hospitals, or similar public service institutions, provided that:

a.

The size of any such sign shall not exceed twelve (12) square feet,

b.

No more than one sign is placed on any single property;

4.

Trespassing signs or signs indicating the private nature of a road, driveway, or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed twelve (12) square feet;

5.

On-site professional, home occupation, or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:

a.

The size of any such sign shall not exceed twelve (12) square feet,

b.

No more than one sign is permitted for any individual parcel of land;

6.

In any commercial district on-site business or advertising signs, provided that:

a.

No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment,

b.

The total area of such signs shall not exceed twenty (20) square feet per side, with the maximum height to the top of the sign not to exceed fifteen (15) feet from ground level;

7.

Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet. Such signs shall be removed within five days after the election;

8.

Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet. Such signs shall be removed within five days after the gathering being advertised;

9.

Not more than one temporary sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy for the structure or the expiration of the building permit, whichever comes first.

(Ord. 2001-2(12); Ord. 89-8 § 8.10)

(Ord. No. 2017-03, §§ I—V, 1-9-2017)

A.

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

B.

Applications for residential development of one hundred (100) or more units and any other development involving more than three hundred (300) parking spaces located in any district shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

(Ord. No. 1997-4, § 13; Ord. 89-8 § 8.11(A))

A.

Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the Preservation Area District, the Rural Development and Forest Areas shall be considered scenic corridors.

B.

Except as otherwise provided in subsection C below, no permit shall be issued for development other than for agricultural commercial establishments unless the applicant demonstrates that all buildings are set back at least two hundred (200) feet from the center line of the scenic corridor. This requirement shall not apply to residential cluster developments in the rural development and forest area districts which comply with the standards of Section 17.20.260.

C.

Exceptions may be granted by the planning board if compliance with the two hundred (200) foot setback is constrained by environmental or other physical considerations, such as wetland, or active agricultural operation. The building shall be set back as close to two hundred (200) feet as practical and the site shall be landscaped in accordance with the provisions of Section 17.20.180 so as to provide screening from the corridor. In addition, if an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than two hundred (200) feet within one thousand (1,000) feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Section 17.20.180 so as to provide screening between the building and the corridor.

D.

The following rivers are designated to be wild and scenic rivers and scenic corridors of special significance to the Pinelands. All structures within one thousand (1,000) feet of the center line of these rivers shall be designed to avoid visual impacts as viewed from the river:

Mullica River—Garden State Parkway to the Wading River;

Wading River—Confluence with the Mullica River to the Oswego River;

Oswego River—Confluence with the Wading River to Sim Place reservoir dam;

Bass River—Confluence with the Mullica River to Stage Road crossing in Bass River State Forest.

E.

Vehicle Screening. No more than ten (10) automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This shall not apply to vehicles in operating condition which are maintained for agricultural purposes.

F.

Screening of Utility Structures. Above ground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with Section 17.20.180.

(Ord. 89-8 § 8.11(B))

(Ord. No. 2013-05, § V, 9-9-13)

A.

No development shall be carried out in the Pinelands area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

B.

All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

(Ord. 89-8 § 8.11(C))

A.

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

B.

The rights-of-way of all roads will be maintained so that they provide an effective fire break.

C.

A fire hazard fuel break shall be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and groundcover including the use of prescribed burning as follows:

1.

In moderate fire hazard areas a fuel break of thirty (30) feet measured outward from the structure in which:

a.

Shrubs, understory trees and bushes and groundcover are to be selectively removed, mowed, or pruned on an annual basis; and

b.

All dead plant material is removed.

2.

In high fire hazard areas a fuel break of seventy-five (75) feet measured outward from the structure in which:

a.

Shrubs, understory trees and bushes and groundcover are to be selectively removed, mowed or pruned and maintained on an annual basis;

b.

All dead plant material is removed.

3.

In extreme high hazard areas a fuel break of one hundred (100) feet measured outward from the structure in which:

a.

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis;

b.

No pine tree (Pinus spp.) is closer than twenty-five (25) feet to another pine tree; and

c.

All dead plant material is removed.

D.

All structures shall meet the following specifications:

1.

Roofs and exteriors will be constructed of fire resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire retardant-treated wood shingles or shake type roofs are prohibited in high or extreme fire hazard areas.

2.

All projections such as balconies, decks, and roof gables shall be constructed of fire resistant materials or materials treated with fire retardant chemicals.

3.

Any openings in the roof, attic, and the floor shall be screened.

4.

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.

5.

Flat roof are prohibited in areas where vegetation is higher than the roof.

E.

All residential development of one hundred (100) dwelling units or more in high or extremely high hazard areas will have a two hundred (200) foot perimeter fuel break between all structures and the forest in which:

1.

Shrubs, understory trees, bushes, and ground cover are selectively removed, mowed, or pruned and maintained on an annual basis;

2.

All dead plant material is removed;

3.

Roads, rights-of-way, wetlands, and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

4.

There is a specific program for maintenance.

(Ord. 89-8 § 8.10(D))

A.

The planning board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommen-dations to the township committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to subsection E of this section.

B.

Authority to issue certificates of appropriateness;

1.

The planning board shall issue all certificates of appropriateness except as specified in subsection (B)(2) of this section.

2.

The board of adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

C.

Certificates of appropriateness shall be required for the following:

1.

Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the township committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and

2.

Development not otherwise exempted from review pursuant to Section 17.32.070 where a significant resource has been identified pursuant to subsection E of this section.

D.

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

E.

A cultural resource survey shall accompany all applications for development in the village commercial or village residential districts and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April, 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and a vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

1.

This requirement for a survey may be waived by the local approval agency if:

a.

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

b.

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

c.

The evidence of cultural activity lacks any potential for significance pursuant to the standards of subsection (E)(2) of this section.

2.

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

a.

The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or

b.

The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or

c.

The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or

d.

The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

F.

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the planning board and board of adjustment.

G.

The effect of the issuance of a certificate of appropriateness is as follows:

1.

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in subsection (G)(2) of this section.

2.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in subsection E. above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

H.

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

1.

A narrative description of the resource and its cultural environment;

2.

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

3.

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

4.

A New Jersey state inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

I.

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the planning board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery (36 C.F.R. 66).

(Ord. No. 1997-4, §§ 14, 15; Ord. 89-8 § 8.11(E))

All recreation areas and facilities shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3, and with the New Jersey Department of Environmental Protection publication entitled Administrative Guidelines: Barrier Free Design Standards for Parks and Recreational Facilities.

A.

Low-intensity recreational uses shall be permitted in the PP and F districts, provided that:

1.

The parcel proposed for low-intensity recreational use has an area of at least fifty (50) acres;

2.

The recreational use does not involve the use of motorized vehicles except for necessary transportation;

3.

Access to bodies of water is limited to no more than fifteen (15) linear feet of frontage per one thousand (1,000) feet of water body frontage;

4.

Clearing of vegetation, including groundcover and soil disturbance, does not exceed five percent of the parcel; and

5.

No more than one percent of the parcel will be covered with impervious surfaces.

B.

Expansion of intensive recreational uses shall be permitted in the F district, provided that:

1.

The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

2.

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

3.

The use is environmentally and aesthetically compatible with the character of the Pinelands forest area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

(Ord. No. 1997-4, § 16; Ord. 89-8 § 8.11(F))

A.

No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation evaporation or wind.

B.

No flammable or explosive substance shall be stored on a property except under conditions approved by the fire department and the New Jersey Department of Labor and Industry.

C.

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands area. The land application of waste or waste derived materials is prohibited in the Pinelands area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands area in accordance with the standards set forth in N.J.A.C. 7:50-6.

D.

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

E.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.

(Ord. 1997-4, §§ 17, 18; Ord. 89-8 § 8.11(G))

A.

No development shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of Pinelands threatened and endangered plants listed in N.J.A.C. 7:50-6.27.

B.

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

C.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

1.

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

2.

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

D.

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in subsection E. below.

E.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to subsection D. above shall incorporate the following elements:

1.

The limits of clearing shall be identified;

2.

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

3.

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as playfields, golf courses and lawns associated with a residence or other principal non-residential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

4.

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

a.

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

b.

For limited ornamental purposes around buildings and other structures; or

c.

When limited use of other shrubs or tree species is required for proper screening or buffering.

(Ord. 1997-4, § 19; Ord. 89-8 § 8.11(H)

A.

All development permitted under this title shall be designed and carried out so that the quality of surface and groundwater shall be protected. Except as specifically authorized in this section, no development which degrades surface or groundwater quality for which establishes new point sources of pollution shall be permitted.

B.

The following point and nonpoint sources may be developed and operated in the Pinelands:

1.

Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in subsections b. through f. below, provided that:

a.

There will be no direct discharge into any surface water body;

b.

All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

c.

All public wastewater treatment facilities are designed to accept and treat septage; and

d.

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

2.

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment or collection system where a public health problem has been identified, may be exempted from the standards of subsection (B)(1)(b) of this section provided that:

a.

There will be no direct discharge into any surface water body;

b.

The facility is designed only to accommodate wastewater from existing residential, commercial, and industrial development;

c.

Adherence to subsection (B)(1)(b) of this section cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

d.

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

3.

Improvements to existing commercial, industrial, and wastewater treatment facilities which discharge directly into surface waters provided that:

a.

There is no practical alternative available that would adhere to the standards of subsection (B)(1)(a) of this section;

b.

There is no increase in the existing approved capacity of the facility; and

c.

All discharges from the facility into surface water are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

4.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

a.

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this title;

b.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water existing from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of subsection (4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous land that have been deed restricted pursuant to Sections 17.20.240 or 17.08.060;

c.

Only contiguous lands within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development in accordance with N.J.A.C. 7:50-5.19;

d.

The depth to seasonal high water table is at least five feet;

e.

Any potable water well will be drilled and cased to a depth of at least one hundred (100) feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least fifty (50) feet;

f.

The system will be maintained and inspected in accordance with the requirements of subsection C of this section;

g.

The technology to be used has been approved by the New Jersey Department of Environmental Protection; and

h.

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that the number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating the flow.

5.

Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

a.

The standards set forth in sections (4)(a) and (c) through (h) above are met;

b.

If the proposed development is non-residential, it is located:

i.

In the VR or VC zoning districts; or

ii.

In the RD or F zoning districts, provided that the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met;

c.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model, dated December 1993, as amended, subject to the provisions of section 4.c above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous land that have been deed restricted pursuant to Sections 17.20.240 or 17.08.060.

6.

Surface water runoff, provided that:

a.

The total runoff generated from any net increase in impervious surfaces by a ten-year storm of a twenty-four-hour duration shall be retained and infiltrated on site. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, section 4;

b.

The rates of runoff generated from the parcel by a two-year, ten-year and 100-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, section 4;

c.

Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel;

d.

Excessively and somewhat excessively drained soils, as defined by the soil conservation service, should be avoided for recharge of runoff wherever practical;

e.

A minimum separation of two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high water table is met, or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality; and

f.

A four-year maintenance guarantee is provided for the entire stormwater management system by the applicant. In addition, the applicant shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than ten (10) years. The program shall identify the entity charged with responsibility for annual inspections and the completion of any necessary maintenance, and the method to finance said program.

7.

Alternate design pilot program treatment systems, provided that:

a.

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this title;

b.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of subsection (2)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted;

c.

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, non-residential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

d.

The depth to seasonal high water table is at least five feet;

e.

Any potable water well will be drilled and cased to a depth of at least one hundred (100) feet, unless the well penetrates an impermeable clay aquiclude in which case the well shall be cased to at least fifty (50) feet;

f.

No more than ten (10) alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

g.

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

h.

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

i.

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

j.

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

k.

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in this subsection, and grants access, with reasonable notice, to the local board of health, the commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the commission that apply to said system.

C.

The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:

1.

Have the facility inspected by a technician at least once every three years;

2.

Have the facility cleaned at least once every three years; and

3.

Once every three years submit to the board of health serving the township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

D.

Use of the following substances is prohibited in the township to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

1.

Septic tank cleaners; and

2.

Waste oil.

E.

No person shall apply any herbicide to any road or public utility right-of-way within the township unless necessary to protect an adjacent agricultural activity.

(Ord. 2002-9 § 2; Ord. 1997-4, §§ 20—26; Ord. 90-15 § 1 (part); Ord. 89-8 § 8.11(I))

(Ord. No. 2013-07, § II, 9-9-13; Ord. 2018-05, §§ VII, VIII, 1-7-19)

A.

Interbasin transfer of water between watersheds shall be avoided to the maximum extent practicable and, in no event, shall water be exported beyond Pinelands counties except as otherwise provided in N.J.S.A. 58:1A-7.1.

B.

Buildings serviced by a central sewage system shall be designed to include water saving devices.

(Ord. 1997-4, § 27; Ord. 89-8 § 8.11(J))

A.

Development shall be prohibited in all wetlands and wetlands transition areas in the township except as specifically authorized in this section.

B.

Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of this title.

C.

Beekeeping shall be permitted in all wetlands.

D.

Forestry shall be permitted in all wetlands subject to the requirements of the township forestry ordinance.

E.

Fish and wildlife activities and wetlands management, in accordance with N.J.A.C. 7:50-6.10.

F.

Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses shall be permitted in all wetlands provided that any development associated with those other uses does not result in a significant adverse impact on the wetlands as set forth in subsection K of this section.

G.

Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in subsection K of this section, and conforms to all state and federal regulations.

H.

Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that:

1.

There is a demonstrated need for the facility that cannot be met by existing facilities;

2.

The development conforms with all state and federal regulations; and

3.

The development will not result in a significant adverse impact, as set forth in subsection K of this section.

I.

Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:

1.

There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

2.

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

3.

The use represents a need which overrides the importance of protecting the wetland;

4.

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

5.

The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

J.

No development, except for those uses which are specifically authorized in this section, shall be carried out within three hundred (300) feet of any wetland, unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in subsection K.

K.

A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biologic components, including, but not limited to, threatened or endangered species of plants or animals.

L.

Determination under subsection K shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may effect the wetland.

(Ord. 93-5 § 2(2)(J) and (K); Ord. 90-15 § 1 (part); Ord. 89-8 § 8.11(K))

(Ord. No. 2013-05, § VI, 9-9-13)

Residential dwelling units on 3.2 acre lots are permitted in the CW, PP, SAP and F districts, provided that:

A.

The dwelling unit will be the applicant's principal residence of the property owner or a member of the immediate family of the property owner;

B.

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

C.

The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

D.

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least twenty (20) different years.

(Ord. 2004-04 § 6; Ord. 1997-4, § 28; Ord. 89-8 § 8.11(L))

Residential dwelling units on one acre lots are permitted in CW, PP, and F districts west of the parkway, provided that:

A.

The applicant satisfies all of the requirements set forth in Section 17.20.220;

B.

The lot to be developed existed as of February 8th, 1979 or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim rules and regulations prior to January 14th, 1981;

C.

The applicant qualifies for and receives from the township a variance from the 3.2 acre lot size requirement set forth in Section 17.20.220;

D.

The applicant purchases and redeems 0.25 Pinelands Development Credits; and

E.

Any Pinelands Development Credits allocated to the lot to be developed are reduced pursuant to Section 17.08.010.

(Ord. 93-5 § 2(A) (part))

Residential dwelling units on one acre lots existing as of January 14th, 1981 are permitted in the F and RD zones of the parkway, provided that:

A.

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least fifteen (15) acres if development is proposed in the F zone and at least 3.2 acres if development is proposed in the RD zone;

B.

If development is proposed in the F zone, all noncontiguous lands acquired pursuant to subsection A, which may or may not be developable, are located within the F zone, within that portion of the CW zone consisting of Blocks 10, 11, 12, 16 and 19, or within that portion of the CW zone located east of the Garden State Parkway;

C.

If development is proposed in that portion of the RD zone located west of the Garden State Parkway, all noncontiguous lands acquired pursuant to subsection A, which may or may not be developable, are also located within that portion of the RD zone located west of the Garden State Parkway;

D.

If development is proposed in that portion of the RD zone located east of the Garden State Parkway, all noncontiguous lands acquired pursuant to subsection A, which may or may not be developable, are located in any portion of the RD zone;

E.

All noncontiguous lands acquired pursuant to subsections A through D above are permanently protected through recordation of a deed of restriction in accordance with the following requirements:

1.

The deed of restriction shall permit the parcel to be managed for:

a.

Low intensity recreation, ecological management and forestry, provided that no more than five percent of the land may be cleared, no more than one percent of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;

b.

Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:

i.

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to fifty (50) percent;

ii.

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;

iii.

For those agricultural uses established after April 6, 2009 which do not meet the standards of subsection (b)(ii) above, the deed of restriction shall permit the land to be managed only in accordance with subsection (a) above and shall not provide for continuation of any agricultural use on the parcel; and

iv.

The deed of restriction to be recorded pursuant to subsection (b)(i) or (ii) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided;

2.

The deed of restriction shall be in favor of the parcel to be developed and the township or another public agency or non-profit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the township solicitor and the Pinelands Commission;

F.

Tax assessments for the acquired non-contiguous lands are combined and assigned to the land to be developed; and

G.

The lot proposed for development otherwise meets the minimum standards of this chapter.

(Ord. 93-5 § 2(A) (part))

(Ord. No. 2013-05, § VII, 9-9-13)

Single family dwellings are permitted in the SAP district, provided that any such dwelling is:

A.

Accessory to an active agricultural operation;

B.

For an operator or employee of the farm who is actively engaged in and essential to the agricultural operation;

C.

To be located on a parcel of land of at least forty (40) acres in size which is under or qualified for agricultural assessment; and

D.

Located on a property which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit until itself or as part of another farm operation in the area.

(Ord. 2004-4 § 7)

In the RD rural development and F forest districts, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

A.

Permitted density:

1.

In the RD rural development district: one unit per three and two-tenths (3.2) acres.

2.

In the F forest district: one unit per fifteen (15) acres.

B.

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in subsection A above, with a bonus applied as follows:

C.

The residential cluster shall be located on the parcel such that the development area:

1.

Is located proximate to existing roads;

2.

Is located proximate to existing developed sites on adjacent or nearby parcels;

3.

Is or will be appropriately buffered from adjoining or nearby non-residential land uses; and

4.

Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

D.

Development within the residential cluster shall be designed as follows:

1.

Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

2.

The following minimum yard and building requirements shall apply:

a.

Lot width: One hundred twenty-five (125) feet.

b.

Front yard: Fifty (50) feet.

c.

Side Yard: Thirty (30) feet.

d.

Rear Yard: Fifty (50) feet.

e.

Maximum height: Thirty-five (35) feet.

3.

Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of Section 17.20.190(B)(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with subsection (E)(2)(b)(ii) below, individual on-site septic waste water treatment systems shall comply with the standards of Sections 17.20.190(B)(5) or (7). Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of Sections 17.20.190(B)(5) or (7) shall also be permitted;

4.

The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

5.

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than one-half acre of land or the equivalent of one acre of land for every twenty-five (25) residential lots, whichever is greater.

E.

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a non-profit conservation organization, Bass River Township or incorporated as part of one of the lots within the cluster development area.

1.

All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Bass River Township or another public agency or non-profit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

2.

The deed of restriction shall permit the parcel to be managed for:

a.

Low intensity recreation, ecological management and forestry, provided that no more than five percent of the land may be cleared, no more than one percent of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter; and

b.

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

i.

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to fifty (50) percent;

ii.

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;

iii.

For those agricultural uses established after April 6, 2009 which do not meet the standards of subsection (b)(ii) above, the deed of restriction shall permit the land to be managed only in accordance with a. above and shall not provide for continuation of any agricultural use on the parcel;

iv.

The deed of restriction to be recorded pursuant to subsections (b)(i) or (ii) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

v.

For parcels which meet the standards of subsections (b)(i) or (ii) above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

(Ord. No. 2013-05, § VIII, 9-9-13)

Single-family detached dwellings in which are not clustered in accordance with Section 17.20.260 may be permitted as a conditional use in the RD rural development and F forest districts, provided that:

A

The planning board finds that:

1.

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

2.

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than non-clustered development.

B.

Minimum lot area requirements:

1.

In the RD rural development district: Three and two-tenths (3.2) acres.

2.

In the F forest district: Fifteen (15) acres.

(Ord. No. 2013-05, § VIII, 9-9-13)