Berlin Township City Zoning Code
ARTICLE IV
General Provisions
§ 340-8 Conformance required.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, and no land shall be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth by the schedule appended to this chapter in accordance with Article III. No space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building location, density, off-street parking and other regulations contained in the schedule in Article III and the text of this chapter as they apply to the zone in which the building or use is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.
§ 340-9 Principal structures to front on public streets.
[Amended 11-28-1988]
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to the subdivision regulations of the Township. In the case of lots not comprising portions of a plan of lots approved pursuant to the subdivision regulations of the Township, the minimum Township standard of street improvement shall be a thirty-foot roadway paved with a durable and permanent surface on a properly prepared subgrade, the construction of which shall be reviewed, inspected and approved by the appropriate Township authorities. These street improvements shall be made from the nearest public street to the farthermost property line of the subject lot. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and the recreational development of agricultural lands.
§ 340-10 Irregular lots.
In the case of an irregular lot in which the side lot lines are not parallel, the average width of the lot may be substituted for the required minimum lot frontage, but the street lot frontage shall not be less than 80% of the minimum required width prescribed by Article III.
§ 340-11 Sharing of yards or open space prohibited.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other space on another lot shall be considered as providing a yard or open space for a building on any other lot.
§ 340-12 Sight triangles.
At the intersection or interception to two or more streets, no hedge, fence or wall higher than three feet above curb level or any obstruction to vision, other than a post or tree not exceeding one square foot in cross section, shall be permitted within the triangular area formed by the intersecting street lines and a straight line joining points located on said street line 30 feet distant from their point of intersection.
§ 340-13 Determination of frontage on streets designated for widening.
When a lot has frontage on a street right-of-way that has been designated for widening by the Township, Camden County or the State of New Jersey, the required front yard area shall be measured from the proposed right-of-way line, which shall in all cases be a minimum of 25 feet from the road center line.
§ 340-14 Nonconforming lots.
[Amended 11-8-1982 by Ord. No. 82:25]
Except in the Pinelands Area, any parcel of land existing prior to the adoption of this chapter, with an area or width less than that prescribed for a lot in the zone in which such lot is located, may be used as a lot for any purpose permitted in the zone other than multiple dwellings, provided that the owner owns no adjoining land and all other regulations prescribed for the zone in this chapter are complied with.
§ 340-15 Exemptions from Pinelands Area density limitations.
[Added 11-8-1982 by Ord. No. 82:25; amended 5-27-1997 by Ord. No. 1997-10]
Notwithstanding any other provision of this chapter, the owner of a parcel of land of an acre or more in the Pinelands Area shall be exempt from the density limitation of this chapter, provided that:
A.
The applicant intends to construct a dwelling unit which will be the principal residence of the property owner or a member of the immediate family of the property owner;
B.
The parcel 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;
C.
The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and
D.
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
§ 340-16 Storage.
[Amended 7-28-1997 by Ord. No. 1997-12]
The outdoor storage of goods, articles, appliances and vehicles shall be prohibited in business and industrial districts unless items being stored are to be sold on the premises, located to the rear of the front setback line and screened in a manner which prevents their being viewed from any property. Visible storage of any kind shall not be permitted on the premises in any residential district.
§ 340-17 Prohibited uses.
The structures and uses listed below are specifically prohibited in any zone:
A.
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibrations or waste products.
B.
Junkyards.
C.
Adult bookstores and related establishments.
D.
The use of any portable building or structure, stationary vehicle or stand of any description for the purpose of displaying or selling food, merchandise or commodities of any kind.
E.
The use of a barn, building or structure of a temporary nature, garage, house trailer, outbuilding, shack or tent on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.
F.
The keeping of animals other than domestic cats and dogs. The keeping of any other type animal shall only be permitted by application for and approval of a variance by the Township Zoning Board of Adjustment. The housing of more than three dogs shall constitute a kennel and requires a kennel license issued by the Township Clerk pursuant to the requirements of N.J.S.A. 4:19-15.8. See definition of "kennel" as set forth in § 340-4.
[Added 10-13-1992 by Ord. No. 1992-21]
G.
The construction or operation of medical marijuana production, treatment or distribution facilities in all zoning districts.
[Added 5-22-2017 by Ord. No. 2017-4]
H.
Buildings in which poles or timbers are inserted, vertically, into the ground and serve as the foundation and primary support for the roof and wall systems of the building, do not contain subsurface, at or above-grade building components consisting of reinforced concrete and contain metal sheeting roofing and siding.
[Added 3-25-2019 by Ord. No. 2019-2]
I.
All classes of medical and recreational cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.
[Added 5-20-2021 by Ord. No. 2021-4]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 e seq.
§ 340-18 Fences.
[Amended 6-6-1988; 7-28-1997 by Ord. No. 1997-12; 8-26-2000 by Ord. No. 2000-14; 5-14-2001 by Ord. No. 2001-9; 8-8-2005 by Ord. No. 2005-12; 11-26-2007 by Ord. No. 2007-23]
A.
No fence, wall or fence-like or wall-like structure shall be erected without first obtaining a permit from the Zoning Officer or Construction Code Official. The application for a permit shall be accompanied by a fee as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
B.
Fences or walls hereafter erected, altered or reconstructed in any zone of the Township shall not be located within the sight triangle, established under AASHTO, A Policy on Geometric Design of Highways and Streets.
(1)
On lots with multiple street frontages, the front yard shall be construed to be along the street which corresponds to the street address.
(2)
On lots with multiple street frontages, fences shall not be placed in the minimum front yard building setback along those other street frontages which do not correspond to the street address; i.e., they are not the front yard of the building.
(3)
Fences will not be permitted within the front yard, between the street line and the front line of the building (and its extensions) or the required front yard building setback, whichever is greater.
C.
No fence, hedge or natural fence hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings are erected shall exceed six feet in height above the adjacent grade level, except in those areas noted in Subsection B, where fences are prohibited.
D.
No fence or wall hereafter erected, altered or reconstructed in commercial zones shall exceed a height of six feet above grade level, except as noted in Subsection B above, where fences are prohibited.
E.
No fence or wall hereafter erected, altered or reconstructed in industrial zones shall exceed a height of eight feet above the grade level, except as noted in Subsection B above, where fences are prohibited.
F.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above grade level anywhere within a public park, public playground or public school property. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed such height to be measured from the grade level of the highest adjacent grade.
G.
Fence materials and colors.
[Amended 9-14-2015 by Ord. No. 2015-6]
(1)
The following fences and fencing materials are specifically prohibited: barbed-wire fences (except in industrial zones); sharp-pointed fences, and canvas, cloth and electrically charged or temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated.
(2)
Fences may only be white, brown, beige or wood and/or woodgrain in color, except metal fences which may be black, silver, white or green.
(3)
All fences shall be one color. Multicolored fences are prohibited.
H.
Every fence or wall shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Building Inspector.
I.
All fences or walls must be erected within the property lines. No fence shall be erected closer than three inches to the property line. In addition, the lateral pieces on the fence shall be on the inside so that they face the owner's property; i.e., the finished surface of the fence shall face the adjacent property. Support posts shall be placed on the inside of the fence, except where the posts are an integral part of the fence design, which enhances the aesthetic appearance of the fence.
J.
If the Building Inspector, upon inspection, determines that any fence or wall, or portion of any fence or wall, is not being maintained in a safe, sound and upright condition, he shall notify the owner of such fence, in writing, of his findings, state briefly the reasons for such findings and order such fence or wall, or portion of such fence or wall, repaired or removed within 15 days of the written notice.
§ 340-19 Accessory structures.
[Added 11-12-1991 by Ord. No. 1991-25; amended 5-14-2001 by Ord. No. 2001-9; 9-14-2015 by Ord. No. 2015-6]
A.
Accessory structures.
(1)
No accessory structure shall be closer to any principal building than 10 feet.
(2)
No accessory structure shall exceed a height of 15 feet.
(3)
No accessory structure shall exceed dimensions of 12 feet by 20 feet.
(4)
No accessory structure shall be located in a required front yard.
(5)
No accessory structure shall be placed any closer than five feet to any side or rear property line.
(6)
Accessory structures shall not occupy more than 25% of the rear yard area.
(7)
In the case of a corner lot abutting two or more streets, accessory structures shall not be located nearer the street line of the street forming the side yard boundary than the required front yard setback on such street.
(8)
No more than two accessory structures are permitted on any one lot.
(9)
The floor areas of all accessory structures shall not exceed 20% of the footprint of the principal building on that lot, unless limited elsewhere in this chapter.
(10)
Accessory structures shall be included in computing the maximum percentage of lot coverage, impervious coverage and other bulk standards.
(11)
No accessory building shall be used for a residence.
B.
Ground-mounted equipment. Except as may be provided elsewhere in Chapter 340, the following regulations shall apply to ground-mounted equipment:
[Amended 11-13-2017 by Ord. No. 2017-8]
(1)
In any nonresidential zone, ground-mounted equipment structures such as mechanical heating and ventilating equipment, air-conditioning units, transformer boxes, emergency generators, or any other ground-mounted structure may only be placed in the side and rear yards and must be screened by an enclosure approved by the Municipal Zoning Officer. Ground-mounted equipment shall not be located in the front yard.
(2)
In any single-family residential zone or any property used for single-family residential purposes, ground-mounted generators for emergency use when the municipal power grid is offline are permitted to be installed and used in accordance with the following regulations:
(a)
Ground-mounted generators must be located so as to minimize noise and visual impact on adjacent properties and streets by using appropriate sound-attenuating enclosures, screening and landscaping approved by the Municipal Zoning Officer.
(b)
Notwithstanding the requirements of § 340-18A, ground-mounted generators may not be located in the front or side yard and may only be placed in the rear yard with a minimum setback of 15 feet from the rear and side property lines.
(c)
Generator noise and/or operating sound output may not exceed New Jersey Department of Environmental Protection noise regulations and requirements, as same may be amended from time to time.
(d)
Ground-mounted generators may only be operated during power loss or for maintenance operation, provided that maintenance operation shall be permitted only between the hours of 11:00 a.m. and 1:00 p.m., Monday through Friday, and in accordance with manufacturing specifications.
(e)
Ground-mounted generators must be in compliance with all applicable federal, state and local laws and regulations.
(3)
In any townhouse, condominium and/or multifamily residential areas under condominium and/or common ownership, application shall be made to the Berlin Township Joint Land Use Board by the homeowners' association for placement of any new mechanical devices, such as emergency generators.
C.
No accessory structure or ground-mounted generator shall be erected or installed without first obtaining all required zoning permits and construction permits.
§ 340-20 Swimming pools, spas and hot tubs.
[Added 11-26-2007 by Ord. No. 2007-23]
A.
Safety devices. Every person owning land on which there is situated a swimming pool, spa and/or hot tub containing 24 inches (610 millimeters) or more of water in depth at any point shall erect and maintain thereon an adequate enclosure, either surrounding the property or pool, spa and/or hot tub area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be no less than four feet (1.219 millimeters) above the underlying ground. All gates must be self-latching with latches placed four feet (1.219 millimeters) above the underlying ground and otherwise made inaccessible from the outside to small children.
B.
Setbacks. In all zones, all swimming pools, spas and hot tubs containing 24 inches (610 millimeters) or more of water in depth at any point shall be set back so that the water's edge of the swimming pool, spa or hot tub is at least 10 feet from all adjacent property lines. Further, any concrete or other type of pavement surrounding any such swimming pool shall be set at least six feet from all adjacent property lines.
[Amended 4-27-2009 by Ord. No. 2009-5]
§ 340-21 Pinelands development standards.
[11-8-1982 by Ord. No. 82:25; 11-28-1988; 10-30-1989 by Ord. No. 1989-22; 12-28-1992 by Ord. No. 1992-24; 3-25-1996 by Ord. No. 1996-8; 3-25-1996 by Ord. No. 1996-9; 5-27-1997 by Ord. No. 1997-10; 5-28-2002 by Ord. No. 2001-10; 4-14-2003 by Ord. No. 2003-5; 9-26-2011 by Ord. No. 2011-21; 6-11-2018 by Ord. No. 2018-5; 3-13-2023 by Ord. No. 2023-4; 8-26-2024 by Ord. No. 2024-11; 12-19-2024 by Ord. No. 2024-15]
A.
Development to comply with Pinelands development standards. No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this section and the special procedures regarding development in the Pinelands Area as defined in Article VII of Chapter 200, Land Use and Development.
B.
Wetlands.
(1)
Uses. No development in the Pinelands Area shall be permitted in a wetland or in wetlands transition area except for the following uses:
(c)
Beekeeping.
(d)
Forestry in accordance with the provisions of N.J.A.C. 7:50-6.41 et seq.
(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 the use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that a development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B(2) hereof.
(g)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact as set forth in Subsection B(2)(b) hereof.
(h)
Commercial or public docks, piers, moorings and boat launches, provided that:
(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.
(2)
Performance standards.
(b)
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 biotic components, including but not limited to threatened or endangered species of plants or animals:
[1]
An increase in surface water runoff discharging into a wetland.
[2]
A change in the normal seasonal flow patterns in the wetland.
[3]
An alteration of the water table in the wetland.
[4]
An increase in erosion resulting in increased sedimentation in the wetland.
[5]
A change in the natural chemistry of the ground-or surface water in the wetland.
[6]
A loss of wetland habitat.
[7]
A reduction in wetland habitat diversity.
[8]
A change in wetland species composition.
[9]
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
C.
Vegetation and landscaping. (Guidelines set forth in N.J.A.C. 7:50-6.26 shall be utilized as applicable.)
(1)
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.
(2)
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection C(4) below.
(4)
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 C(3) above or required pursuant to § 200-69E shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
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;
(c)
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
(d)
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:
[1]
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;
[2]
For limited ornamental purposes around buildings or other structures; or
[3]
When limited use of other shrubs or tree species is required for proper screening or buffering.
(5)
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
D.
Fish and wildlife.
(1)
Protection of threatened or endangered wildlife required. 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 animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
(2)
Protection of wildlife habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to district 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.
E.
Forestry.
(1)
Application requirements. Any application for approval of forestry operations shall be subject to the requirements of N.J.A.C. 7:50-6.44.
(2)
Forestry standards. Forestry in the Pinelands Area shall be carried out in accordance with the standards set forth in N.J.A.C. 7:50-6.46.
(3)
Time limit on permits. Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
F.
Recommended management practices for agriculture. 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.
G.
Waste management. 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.
H.
Water quality. Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.
(1)
Minimum standards for point and nonpoint source discharges.
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection H(1)(b) through (f) below, provided that:
[1]
There will be no direct discharge into any surface water body.
[2]
All discharges from the facilities 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.
[3]
All public wastewater treatment facilities are designed to accept and treat septage.
[4]
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(b)
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 system where a public health problem has been identified may be exempted from the standards of Subsection H(1)(a)[2] above, provided that:
[1]
There will be no direct discharge into any surface water body.
[2]
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.
[3]
Adherence to Subsection H(1)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
[4]
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.
(c)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters shall be permitted, provided that:
[1]
There is no practical alternative available that would adhere to the standards of Subsection H(1)(a)[1] above.
[2]
There is no increase in the existing approved capacity of the facility.
[3]
All discharges from the facility into surface waters 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.
(d)
Individual on-site, septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[1]
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
[2]
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 H(1)(d)[3] 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 pursuant to § 340-30H or N.J.A.C. 7:50-5.47;
[3]
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 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 as permitted by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
The system will be maintained and inspected in accordance with the requirements of Subsection H(2) below;
[7]
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
[8]
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 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 N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(e)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[2]
If the proposed development is nonresidential and is located in the Pinelands Rural Development Area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met; and
[3]
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 H(1)(d)[3] 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 lands that have been deed restricted pursuant to § 340-30H or N.J.A.C. 7:50-5.47.
(g)
Alternate design pilot program treatment systems, provided that:
[1]
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;
[2]
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 Subsection H(1)(g)[3] 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 pursuant to § 340-30H or N.J.A.C. 7:50-5.47;
[3]
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 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 as permitted by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates as impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
No more than 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;
[7]
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
[8]
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;
[9]
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;
[10]
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)2v 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;
[11]
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 Subsection H(1)(g)[9] above, 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; and
[12]
No system shall be installed after August 5, 2007.
[13]
The provisions of this § 340-21H(1)(g) shall apply to any applications for unsewered residential development on lots of less than 3.2 acres which were not deemed complete by the Pinelands Commission prior to August 5, 2002.
(2)
Individual wastewater treatment facility and petroleum tank maintenance.
(a)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a 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]:
[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.
[3]
Once every three years, submit to the Board of Health serving the Township of Berlin a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
(3)
Prohibited chemicals and materials.
(b)
All storage facilities of 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.
(c)
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
(d)
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used within the Pinelands Area of the Township. Provided it is permitted by state or federal law, this prohibition does not apply to a hazardous or toxic substance, other than a waste associated with a commercial, industrial, agricultural, domestic, community or other lawful use of a property.
(4)
Water management.
(a)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(b)
A diversion within the Pinelands Area portion of Berlin Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection H(4)(b)[1] and [2] below, or outside of either basin, shall be prohibited.
[1]
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
[2]
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(c)
A diversion within the Pinelands Area portion of Berlin Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection H(4)(b)[1] and [2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection H(4)(d) below.
(d)
Within the Pinelands Area portion of Berlin Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection H(4)(d)[3] through [6] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
[1]
When evaluating whether the proposed diversion meets the criteria set forth at Subsection H(4)(d)[3] through [6] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.
[2]
The standards set forth at Subsection H(4)(d)[3] through [6] below shall not apply to:
[a]
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
[b]
Any proposed diversion that is exclusively for agricultural or horticultural use; or
[c]
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.
[3]
A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; and Rural Development Area.
[4]
A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
[5]
A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
[6]
An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.
(5)
Minimum standards to protect and preserve water quality.
(a)
All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained.
(b)
Except as specifically authorized in this section, no development shall be permitted which degrades surface and ground water quality.
(c)
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
I.
Scenic.
(1)
Setbacks and screening requirements for scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, no development shall be located within 200 feet of the center line of a public paved road in the R-1, I-1, E-1 and C-2 Districts east and north of Route 73, unless environmental or other physical considerations make it impractical to do so; provided, however, that the development shall be set back as close to 200 feet as practicable, and the site shall be landscaped so as to provide screening from the corridor. These requirements shall not apply to residential cluster developments in the R-1 District which comply with the standards of § 340-21P.
(2)
Sign standards. All signs in the Pinelands Area shall comply with the following standards:
(a)
No sign, other than a warning or safety sign, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted.
(b)
No sign, other than a warning or safety sign, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted.
(c)
No outdoor, off-site commercial advertising shall be permitted in the Pinelands Area, except that:
(e)
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.
(3)
Motor vehicle screening and storage. No more than 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 subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
(4)
Location of utilities.
(a)
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.
(b)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with Subsection C(1).
(c)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
J.
Fire Management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in N.J.A.C. 7:50-6.123 unless such development complies with the following standards:
(1)
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
(2)
The rights-of-way of all roads will be maintained so that they provide an effective fire break.
(3)
(4)
All structures will meet the following specifications:
(a)
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.
(b)
All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.
(c)
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.
(d)
Flat roofs are prohibited in areas where vegetation is higher than the roof.
(5)
All residential development of 100 dwelling units or more in high or extremely high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees, bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.
(b)
All dead plant material is removed.
(c)
Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical.
(d)
There is a specific program for maintenance.
K.
Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 to 3 and with the New Jersey Department of Environmental Protection's Publication Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities.
L.
Historic resource preservation.
(1)
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection L(5)(b) below.
(2)
Authority to issue certificates of appropriateness.
(3)
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the governing body of the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
(4)
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
(5)
A cultural resource survey shall accompany 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 avocational 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.
(a)
This requirement for a survey may be waived by the local approving agency if:
[1]
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
[2]
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
[3]
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection L(5)(b)[2] below.
(b)
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:
[1]
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the national, state, local community or the Pinelands.
[2]
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.
[3]
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.
[4]
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.
(6)
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 Zoning Board of Adjustment.
(7)
The effect of the issuance of a certificate of appropriateness is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection L(7)(b) below.
(b)
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 Township Council 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.
(8)
The following information will be required to document resources which are not found to be significant but which are otherwise bound to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(d)
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.
(9)
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, Reportation, and Date Recovery (36 CFR 66).
M.
Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include southern orientation of buildings, landscaping to permit solar access and energy conserving building materials.
N.
Air quality.
(1)
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.
(2)
Applications for the following developments 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:
(a)
Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the R-3, C-2 or C-3 Zones.
(b)
Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other portion of the Pinelands Area.
O.
Pinelands development credits.
(1)
Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(2)
Pinelands development credits may be used in the Township in the following circumstances:
(a)
When a variance or other approval for a residential use not otherwise expressly permitted in the C-3 District or in that portion of the C-2 District located in the Pinelands Area is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 acres and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
(b)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(3)
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands development credits are either allocated or used in the Township.
P.
Residential cluster development in the R-1 Zone. In the Pinelands Area portion of the R-1 Zone, 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:
(1)
Permitted density: one unit per 3.8 acres.
(2)
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 P(1) above, with a bonus applied as follows:
(3)
The residential cluster shall be located on the parcel such that the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
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;
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 340-21H(1)(d) 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 P(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 340-21H(1)(e) or (g). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 340-21H(1)(e) or (g) shall also be permitted;
(d)
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
(e)
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 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Berlin Township or incorporated as part of one of the lots within the cluster development area.
(a)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of a public agency other than the Township of Berlin or nonprofit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed for:
[1]
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% 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
[2]
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[a]
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 50%;
[b]
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;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection P(5)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection P(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;
[d]
The deed of restriction to be recorded pursuant to Subsection P(5)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, 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 Camden County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[e]
For parcels which meet the standards of Subsection P(5)(b)[2][a] or [b] 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.
§ 340-22 Refuse stations.
[Added 10-13-1992 by Ord. No. 1992-19]
All refuse stations in commercial and industrial zones shall be required to use trash dumpsters and shall be designed and located to be convenient for refusal removal and not offensive to the occupant of adjacent units. All commercial and industrial users shall have at least two refuse dumpsters with one for recyclables and the other for regular trash. All refuse station areas are to be enclosed using the same material as used in the facade of the building.[1]
[1]
Editor's Note: Original § 129-19.2, Permit required for certain trailers in C-1, C-2, I and I-1 Zones, previously codified herein and containing portions of Ord. Nos. 1997-12 and 1998-31, was repealed in its entirety by Ord. No. 2000-8. For permit requirements for trailers in the C-1, C-2, I and I-1 Zones, see § 249-6.
§ 340-23 Institutional uses.
[Added 12-14-1998 by Ord. No. 98:29]
A.
Definition of Institutional use. An "institutional use" shall be defined as a federal, state, county or municipal building or use, including educational buildings and uses. Institutional uses shall also include, but are not limited to, cemeteries, public works facilities, public water wells, water treatment and distribution facilities, public sanitary sewer conveyance and treatment facilities, and public recreation facilities. The institutional use shall be identified as "INS", and designated as an overlay district on the Official Zoning Map. Institutional use shall not include assisted living facilities.
[Amended 9-13-1999 by Ord. No. 1999-18; 5-28-2002 by Ord. No. 2001-10]
B.
Permitted use. Institutional uses shall be permitted in every zoning district established in this chapter of the Code of the Township of Berlin with the following conditions: Institutional uses located in the Pinelands Rural Development Area include Block 1702, Lots 4, 4.01 and 4.02. Institutional uses located in the Pinelands Regional Growth Area include portions of Lots 3 and 5 on Block 1702. Sewer service is permitted in the Regional Growth Area. In the Rural Development Area sewer service is permitted only in accordance with § 340-21H(1)(d)[6]. Institutional uses are not permitted in Pinelands Preservation (PP), Pinelands Agricultural (PA) or Pinelands Recreation Conservation (PRC) zoning areas.
C.
The development of institutional uses in the Pinelands Area is subject to the regulations of the Pinelands Commission.
[Added 9-13-1999 by Ord. No. 1999-18]
D.
There shall be no area or bulk requirements for the Institutional use or Environmentally Sensitive Area (E-1) Overlay Zones, excepting those areas within the Pinelands where the standards of the underlying zoning districts continue to apply.
[Added 9-13-1999 by Ord. No. 1999-18]
§ 340-23.1 Basement window wells and emergency egress areas.
[Added 4-11-2016 by Ord. No. 2016-2]
All below-grade window wells and emergency egress areas for basements shall comply with the following requirements:
A.
All window wells and emergency basement egress areas shall comply with applicable building codes.
B.
No window well or emergency basement egress area shall be located within the front yard. No window well or basement egress area shall encroach into the required rear yard and side yard setbacks by more than five feet nor shall any window well or basement egress area be closer than five feet to the side property line.
C.
No window well or emergency basement egress area shall extend greater than 3.5 feet from the building or be more than six feet wide.
D.
Window wells and emergency basement egress areas shall not encroach into any easement and/or easement area.
E.
Window wells, with or without basement egress areas, shall not extend more than two inches above the adjacent ground surface. The ground surface around the window well shall be graded to ensure that surface water drains away from the window well. The top of the window well and adjacent ground surface shall be at least six inches above any nearby drainage swale/ditch. Window wells and emergency basement egress areas shall not be located within the flow path of surface water within a drainage swale/ditch.
F.
No more than two window wells, with or without basement egress areas, shall be located along any side or rear portion of any building. Window wells and/or basement egress areas shall not be located on the front portion of any building.