Earth extraction operations may be established in permitted districts as a conditional use requiring site plan review and approval in accordance with the township earth extraction ordinance.

(Ord. 89-8 § 9.1)

The following uses subject to the specifications and standards set forth below are permitted as a conditional use in the Highway Commercial (HC) District in the Township of Bass River subject to approval by the Bass River township land development board as provided by law:

A.

Sexually-Oriented Businesses.

1.

Definitions. As used in this subsection, the terms "specified sexual activities" and specified anatomical "areas" shall have the same definitions as are found in the New Jersey Statutes N.J.S.A. 2C:34-3 et seq. And the same are incorporated herein and made a part hereof as if fully set forth. The terms "sexually-oriented businesses" shall have the same meaning as set forth in the Bass River Township Licensing Ordinance No. 2006-4 ^*1 and the same is incorporated herein and made a part hereof as if fully set forth.

2.

No sexually-oriented business shall be located within one thousand (1,000) feet of:

a.

A church or place of worship;

b.

A public or private elementary or secondary school;

c.

A child care facility;

d.

A boundary of a residential district;

e.

A public park or recreation area;

f.

The property line of a lot devoted to a residential use;

g.

Another sexually-oriented business.

3.

Sexually-oriented business must be located in a freestanding building which shall include a minimum of a one hundred (100) feet buffer if such business abuts a residential district or the property line of a lot devoted to a residential use. This is in addition to the one thousand (1,000) foot buffer set forth in subsection (A)(2)(d) of this section for a total buffer of one thousand one hundred (1,100) feet.

4.

Off-street parking shall be provided in accordance with the zoning regulations of the township of Bass River.

5.

The interior of the sexually-oriented business shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings, or in any other manner.

6.

All applicable requirements of the Highway Commercial District and of the zoning and land use regulations of the township of Bass River shall be met.

7.

The interior of any building in which a sexually-oriented business use is located shall be adequately lighted, and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other employee in charge of the business from the counter, booth, stage, cash register, work station or other place where the person is normally stationed.

8.

Sexually-oriented businesses shall not display or permit to be displayed at the licensed premises any obscene material as defined in N.J.S.A. 2C:34-3 at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed. Violation of this provision constitutes a petty disorderly persons offense. Public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display. All signs for sexually-oriented businesses shall meet all requirements as set forth for businesses in commercial districts.

9.

All sexually-oriented businesses are expressly prohibited unless and until such businesses are issued a license from the board of commissioners of the township of Bass River in accordance with the licensing and regulating ordinance of Bass River Township. All sexually-oriented businesses must comply with all other provisions of the sexually-oriented businesses licensing and regulating ordinance, together with compliance with all rules and regulations of federal, state or municipal entities having jurisdiction over the sexually-oriented business premises.

(Ord. 2006-03 § 1)

*1 Editor's Note: Ordinance 2006-4 is codified as Section 9.20.000 et seq. of these revised general ordinances.

In commercial districts, gasoline stations and repair garages may be established as conditional uses when, in addition to site plan review and approval; and meeting other ordinance requirements, they comply with the following provisions:

A.

In addition to site plan information required by Section 17.32.060, the site plan submitted in connection with an application for a gasoline station or service garage shall also include the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank; depth of tanks will be placed below ground level; the number and location of pumps to be installed; the type and location of all principal and accessory structures to be constructed; and the number of automobiles which are to be garaged or parked on the premises.

B.

Driveways shall be not more than twenty-four (24) feet wide at property and curb lines; they shall be located at least ten (10) feet from any side lot line and thirty-five (35) feet from the intersection of street right-of-way lines.

C.

Any parts of the site subject to access by motor vehicles shall be surfaced with portland cement or asphaltic concrete.

D.

Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled vehicles shall be stored outside an enclosed building.

E.

Accessory goods for sale may be displayed in the building and on the pump island only.

F.

All fuel pumps shall be located at least thirty-five (35) feet from any property line. All fuel tanks shall be installed underground and shall be located at least thirty (30) feet from any property line. As a minimum, screening, as specified in Section 17.20.090, shall be installed along any property line adjoining residentially zoned or used property. The planning board may require additional buffering or other protective devices as necessary to protect surrounding properties from the effect of light or noise generated on the property.

G.

No motor vehicle, service station or public garage shall be located within five hundred (500) feet of any public entrance to a school, recreation area, library, hospital, or charitable institution. Such distance shall be measured in a straight line from the public entrance to the service station lot line nearest the entrance along the street line.

(Ord. 89-8 § 9.2)

A kennel and/or animal hospital, in addition to complying with other applicable regulations including the submission of a site plan as provided in Section 17.32.060, shall be located on a land parcel having a minimum of five acres and shall be located at least two hundred (200) feet from all lot lines, unless the use is carried on within a completely enclosed and sound-proof building, in which case, it must observe the residential lot size and setback requirements of the PP district.

(Ord. 89-8 § 9.3)

In addition to complying to other applicable regulations contained in this or any other township ordinance, mobilehomes may be placed or used only as follows:

A.

Temporary use of one mobilehome structure for office, tool storage or quarters for a watchman as an accessory use to permitted construction projects on the same lot therewith, for a period provided by the permit not to exceed six months.

B.

Permanent storage of one unoccupied mobilehome on a lot only when entirely enclosed within a permitted principal or accessory building.

C.

No mobilehome shall be permitted as a principal use in any district. This requirements is subject to the provisions of NJS 40:55D-104.

(Ord. 2001-2(11); Ord. 89-8 § 9.4)

A.

Poultry or Turkey Farms. All applications for a turkey or poultry farm shall be accompanied by a written opinion of the county agricultural agent concerning possible nuisance characteristics and measures for adequately dealing with them. In addition to site plan information normally required by Section 17.32.060, the application shall set for the purpose of the operation, the manner in which birds will be housed, methods for recycling or disposing of manure, the number of birds to be kept in relation to the size of the parcel, all building or range area, property line setbacks and if birds are to be kept outdoors, proposals for regular rotation and cropping of range areas. The report of the county agricultural agent should also contain observations regarding the above listed matter. Any certificate of occupancy shall remain valid only so long as the use is operated in a nuisance-free manner in accordance with any conditions included in approval of the planning board and board of adjustment.

B.

General Standards for Agricultural Lands. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.

C.

The right to farm all land is recognized to exist as a natural right and is also ordained to exist as a permitted use everywhere in the township, regardless of zoning designation and regardless of specified uses and prohibited uses set forth elsewhere in this title, subject only to the restrictions and regulations for intensive fowl or livestock farms and subject to township health and sanitary codes. The right to farm as it is used in this section includes the rise of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides; all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. This right to farm shall also include the right to use land for grazing by animals, subject to the restrictions for intensive fowl or livestock farms. The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular farming, livestock or fowl production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right. It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted, is more than offset by the benefits from farming to the neighborhood and community, and to society in general, by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in the township and in New Jersey as a source of agricultural products for this and future generations.

(Ord. 89-8 § 9.5)

Public utility installations, other than essential services as defined in this title, shall be permitted in various zoning districts as specified on the schedule of district regulations provided that, in addition to the submission of a site plan in accordance with Section 17.32.060 and compliance with other applicable requirements, the following standards and procedures will be adhered to:

A.

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

B.

Proof shall be furnished to the board of adjustment 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 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 proposed 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 on the plan for the proposed use. Appropriate landscaping, including trees, shrubs, and lawn areas shall also be provided.

D.

As a prerequisite for filing application for public utility installation, such utility shall have filed with the municipal clerk a map currently indicating the location of all existing and proposed structures within the municipality. All public utility installations shall be in conformity with the National Electrical Safety Code as well as performance standards contained in this title.

E.

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

F.

All electric utility transmission lines shall be located within existing rights-of-way on existing towers or underground to the maximum extent practical.

G.

Public service infrastructure shall be permitted in the PP district only if the use is necessary to serve only the needs of uses in the PP district. Centralized wastewater treatment and collection facilities shall be permitted to service the PP district only in accordance with subsection (B)(2) of Section 17.20.190.

H.

Public service infrastructure shall be permitted in the F district only if the uses is intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the F district only in accordance with subsection (B)(2) of Section 17.20.190.

I.

Public service infrastructure shall be permitted in the SAP district only as necessary to serve the needs of the SAP district uses. Centralized wastewater treatment and collection facilities shall be permitted to service the SAP district only in accordance with subsection (B)(2) of Section 17.20.190.

(Ord. 2004-04 § 8; Ord. 1997-4, §§ 29, 30; Ord. 89-8 § 9.6)

Roadside markets for the sale of farm, truck gardening, nursery gardening and greenhouse produce may be established as provided in the schedule of district regulations and provided further that the major portion of such produce offered for sale is raised by the seller on land contiguous to the market. Applications for roadside markets shall be subject to the provisions of Section 17.32.060. Roadside markets shall be maintained in good repair on a well-kept site. They shall have only one entrance and one exit from the highway; shall maintain no display of goods closer than forty (40) feet to a road right-of-way line; and shall provide one parking space for every one hundred (100) square feet of display area. A maximum of two temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. No signs shall be located within the right-of-way of the adjoining highway, nor shall any sign obstruct the vision of vehicle operators entering or leaving the off-street parking area. Additionally, twenty (20) square feet of identification sign area shall be permitted either on the stand or within thirty (30) feet thereof. Interior or exterior lighting in connection with a roadside stand shall not produce a noticeable glare off the premises.

(Ord. 89-8 § 9.7)

In addition to complying with other applicable regulations contained in this and all other township ordinances, swimming pools (other than private pools used as an accessory use to a single family residence) may be established only after site plan review and approval by the planning board, in accordance with the following standards and requirements:

A.

Private swimming pools shall be permitted only as an accessory use to a residential unit or units and when the principal residential structure exists or is under construction.

1.

Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building on the lot which it is located shall be protected from access by small children or pets. Fencing or other protective structures to be used for this purpose shall be included on the plans in order that the building official may determine their adequacy.

The issuance of a building permit shall be conditioned upon the proper installation of approved, protective fencing or other structures and no certificate of occupancy may be issued until their installation is complete.

2.

Any private accessory pool must be located in the rear yard or side yard behind the building line at least twenty (20) feet from any side or rear property line.

3.

Any lighting used in connection with a private swimming pool shall be so directed or shielded as to not shine directly onto other properties.

B.

Public swimming clubs operated on a nonprofit, annual membership basis shall be permitted as indicated on the schedule of district regulations, provided that:

1.

Proof is furnished to the zoning officer that the proposed use is a bona fide, non-profit activity organized solely for the use and enjoyment of the membership;

2.

The parcel involved in the use shall contain at least three acres and shall have two hundred (200) feet of highway frontage;

3.

No more than a total of fifteen (15) percent of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard surfaced areas;

4.

No part of the pool, its accompanying hard surfaced area or other supporting structures or activity areas shall be located within seventy-five (75) feet of a property line;

5.

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;

6.

Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of the New Jersey Sanitary Code Chapter IX Public Recreational Bathing NJAC 8:26-1 et seq.

(Ord. 2001-2(10); Ord. 89-8 § 9.8)

An owner or person in possession of real estate may hold a yard sale or tag sale (deemed to include porch, patio, driveway, garage, barn or curb-side sale) no more than three times in any calendar year, upon obtaining a permit from the zoning officer. The reselling of merchandise bought for resale is prohibited. The tag or yard sale shall not exceed two consecutive days. The yard sale permit shall be prominently displayed at all time during the sale.

(Ord. 94-2 § 1: Ord. 89-8 § 9.9)

A maximum of four temporary off-premises directional signs measuring not over six inches by eighteen (18) inches each for yard sales, bazaars, fairs and church food sales, are permitted under the permit fee listed above. Signs must be removed by the permittee within three days after the event.

(Ord. 89-8 § 9.10)

Taxi stands, bus terminals and similar commercial transportation centers may be permitted as a conditional use when it shall be found by the planning board: (1) That the location of same shall not have an adverse effect on traffic flow and traffic patterns or that sufficient off-street parking and deceleration lanes have been provided for to eliminate any adverse impact on traffic conditions; (2) That any such facility will not, by noise, vehicle air pollution or physical appearance adversely affect any school, church or other place of public gathering or public or private recreation area; (3) That the site of any such facility shall be in keeping with the master plan in locating the center of transportation and services in the New Gretna area of the township.

(Ord. 89-8 § 9.11)

Vehicle sales, lumber and building supply businesses may be permitted as a conditional use when it shall be found by the planning board that: (1) The site of such business contains at least five acres or sufficient space for storage of all items to be held for sale and additional space for off-street parking of all vehicles reasonably anticipated to be present at the site during peak business hours; (2) That the applicant has presented a plan for fencing and screening of the site from adjacent uses which obscure from view any storage area, when viewed from ground level by a person of average height, with the exception that the portion of a vehicle sale business which fronts on a public street need not be so screened, provided that any vehicles on display to the public be set back at least twenty-five (25) feet from the closest boundary of any street or roadway and that curbing or some other permanent design feature be located to establish setback areas; (3) That any such facility will not, by noise, vehicle air pollution or physical appearance adversely effect any school, church or other place of public gathering or public or private recreation area; (4) That the site of any such facility shall be in keeping with the master plan in locating the center of transportation and services in the New Gretna area of the township.

(Ord. 89-8 § 9.12)

A.

Commercial uses of less than one acre may be permitted in zones in which such use is permitted on lots which were in existence on the township tax map prior to the effective date of the ordinance codified in this title when it shall be found by the planning board: (1) That there is adequate off-street parking to accommodate all vehicles which might reasonably be expected to be on the business premises during peak business hours; (2) That the type of business involved will not generate more sewage effluent for on-site disposal than can be properly accommodated by the size of the lot without deteriorating water quality on adjacent property; that the development of the site for commercial use will not contribute stormwater drainage to adjacent properties; and that proper drainage of stormwater into some public drainage way has been provided for; that the location of the site is such that vehicles entering or exiting the premises shall not create a traffic hazard or enter or exit at such a location as to be blocked from view at a distance of two hundred (200) feet in either direction along the roadway on which such access exists; (3) That any such facility will not, by noise, vehicle air pollution or physical appearance adversely affect any school, church, or other place of public gathering or public or private recreation area; (4) That the site of any such facility shall be in keeping with the master plan in locating the center of transportation and services in the New Gretna area of the township; and (5) Provided that a waiver of strict compliance is obtained from the Pinelands Commission for development within the Pinelands.

B.

In the Pinelands area, no nonresidential use shall be located on a parcel of less than one acre unless a variance is obtained from the planning board and a waiver of strict compliance is granted by the Pinelands Commission or unless the use is served by a centralized wastewater treatment plant.

(Ord. 93-5 (part); Ord. 89-8 § 9.13)

A.

No floating home shall be occupied and no floating home marina shall be permitted in any zone within the township.

B.

No marina shall permit the in water or out of water storage of any floating home.

C.

No person, firm or corporation shall operate or cause to be operated a floating home marina or rent, hold out for rent or sell any site or space for the location of a floating home.

D.

No marina shall use or permit to be used more than five percent of the total number of its approved boat slips or moorage sites for houseboats.

(Ord. 89-8 § 9.14)