Buena Vista Township
City Zoning Code
City Zoning Code
ARTICLE XII
Conditional Use Standards
§ 115-111 General guidelines.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety and general welfare if located and operated without proper consideration of existing conditions and the character of the surrounding environment and uses, such uses are hereby designated conditional uses and are made subject to the following special standards and requirements by reference when listed as permitted uses in various zoning districts in §§ 115-75 through 115-93.
A.
Conditional uses are subject to review and approval by a municipal agency which may authorize the granting of a development permit after site plan approval under the terms established elsewhere in this chapter and the following general stipulations and guidelines:
(1)
The use for which application is being made is specifically authorized as a permitted use for the district in which it is proposed.
(2)
The design, arrangement and nature of the particular use is such that the public health, safety and general welfare will be protected.
(3)
That reasonable consideration is afforded the character of the neighborhood and the district in which the use will be located, the conservation of property values, the avoidance of congestion of vehicular traffic and the avoidance of any unnecessary hazards.
B.
Application and review procedures. Application for a conditional use approval shall be made to the administrative officer of a municipal agency at the direction of the Zoning Officer. Review of and action on a conditional use application shall conform to the following:
(1)
Completeness of an application for a conditional use permit shall be determined by the municipal agency concurrently with its determination of the completeness of the accompanying site plan application. The municipal agency shall grant or deny an application for a conditional use within 95 days of submission of a complete application, or within such further time as may be consented to by the applicant.
(2)
A properly noticed public hearing on each application for a conditional use permit shall be held concurrently with any required public hearing on an accompanying site plan pursuant to the rules and requirements contained in Article III of this chapter.
(3)
Failure of the municipal agency to act within the period prescribed shall constitute approval of the application, and a certificate of the municipal agency administrative officer as to the failure of the municipal agency to act shall be issued on the request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval required in this chapter.
(4)
In approving an application for a conditional use permit, the municipal agency may impose any modifications or conditions it deems necessary to carry out the intent of this chapter and to protect the health, safety and general welfare of the public. Any permit for a conditional use shall be issued only in accordance with applicable requirements contained in this chapter or imposed by the municipal agency in its action subsequent to the public hearing.
§ 115-112 Agricultural commercial establishments and farm produce markets.
Agricultural commercial establishments or farm produce markets may be established as a conditional use in various districts as specified in Article X of this chapter, only after site plan review, when, in addition to other requirements, they comply with the following:
A.
Within the Pinelands Area, the principal goods or products available for sale were produced in the Pinelands.
B.
The sales area of the establishment does not exceed 5,000 square feet.
C.
Such use shall be maintained in good repair on a well-kept site. It shall have only one entrance and one exit from the highway and shall not maintain any display of goods nearer than 40 feet to a road right-of-way line.
D.
One off-street parking space for every 100 square feet of display area shall be provided, and off-street parking areas shall be so designed that no vehicle would be required to back into any public thoroughfare.
E.
The facility shall be designed to avoid the placement of parked vehicles, signs, displays or other structures in such a manner as to block driver sight lines when entering or leaving the development.
F.
In FA1, FA2, FA3, RDR1 and RDR2 Districts, agricultural commercial establishments shall be permitted only when the lot on which they would be located is not more than 300 feet from an existing retail sales or service use.
[Amended 3-10-1997 by Ord. No. 5-1997]
§ 115-113 Campgrounds.
There may be established in the Township of Buena Vista a total of not more than three private campgrounds for temporary tent camping, camping trailers and recreational camping vehicles as a conditional use in the FA District. In addition to Township and Pinelands requirements contained in this chapter, the provisions of Chapter XI, Campgrounds, of the New Jersey Sanitary Code (pursuant to N.J.S.A. 40:49-5.1) are hereby adopted by reference and established as a basic standard for determining the acceptability of proposed and existing camping sites, services and facilities of human habitation or rental and for the granting or renewal of campground licenses. Three copies of Chapter XI, Campgrounds, of the New Jersey Sanitary Code shall be maintained on file in the office of the Township Clerk and shall be made available to interested persons for review and examination. In case of a conflict among Township, Pinelands and New Jersey Sanitary Code requirements, the more restrictive shall prevail. In addition to complying with other standards and requirements contained in this chapter, all campgrounds shall conform to the following provisions:
A.
All applications for new campgrounds, expansion of existing campgrounds or construction of new structures shall be accompanied by a detailed site plan showing the proposed development and shall be subject to review and approval by the Township Planning Board in accordance with all applicable provisions of this chapter. No development permit shall be issued for campground development until site plan approval is granted by the Planning Board. No certificate of occupancy shall be issued, no campground license shall be renewed, nor shall any new campsites be occupied until all construction is complete and in conformity with the approved site plan. Copies of the approved plans shall be forwarded by the Planning Board Secretary to the Zoning Officer and to the construction official.
B.
As part of the application, six copies of an environmental impact statement shall be prepared and submitted by the applicant. Such statement shall demonstrate compliance with the Pinelands development and use standards listed in Article VIII of this chapter. Such statement shall also provide an inventory of the existing environmental conditions at the site and the surrounding areas, including air and water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, pollution sources, ecology, demography, land uses, aesthetics, history and archaeology. The statement shall provide a description of the proposed development and a list of all licenses, permits and approvals required from any other agencies. The statement shall provide an assessment of the probable impact of the proposed development on all of the inventoried items. The assessment shall list all of the adverse environmental impacts which cannot be avoided and shall describe the steps proposed by the developer to minimize the adverse impacts during and after construction. Where possible, the statement shall provide alternatives that exist to the proposed development and such other information necessary for the Planning Board to evaluate the impact of the development upon the environment. The Planning Board may solicit technical review and comment from its own consultant in these matters, the cost of which shall be borne by the developer.
C.
In addition to the environmental impact, the Planning Board shall review the compliance of the proposed development with the general standards governing campgrounds outlined in Subsection D below. The Planning Board shall give particular consideration to the adequacy of open space, recreational areas, buffer areas, protection of the environment and protection of surrounding uses.
D.
General standards governing campgrounds. All existing and new campgrounds shall conform to the following standards:
(1)
A campground shall include a minimum of 100 acres and a maximum of 225 acres.
(2)
The gross density of campsites in any campground shall not exceed one campsite per acre.
[Amended 7-28-1997 by Ord. No. 17-1997]
(3)
The maximum occupants permitted to camp on the campground shall not exceed eight persons times the total number of campsites.
(4)
On recommendation of the Planning Board, an applicant may be permitted to cluster the number of campsites authorized in Subsection D(2) above at a density of up to 10 sites per acre in order to comply with open space and buffer requirements. In computing the number of permissible campsites under this subsection, all wetlands as defined in this chapter shall be excluded.
(5)
Internal roadways within campgrounds shall be properly graded and drained so as not to permit the collection of standing water, potholes, mudholes, obstructions, hazards and limitations to visibility. The minimum width for any one-way drives shall be 10 feet, and for two-way drives, 24 feet. Adequate space shall be provided for parking and maneuvering of camping vehicles and emergency vehicles. Entrance roads and roads providing access to the general public shall be paved with a minimum of six inches of compacted gravel and two inches of FABC or crushed stone.
(6)
Sewage, solid waste and water disposal shall be provided in accordance with the existing local, county and state health regulations and the water quality standards of § 115-53 of this chapter. Adequate rest room and shower facilities shall be provided.
(7)
Electric, gas and other utilities shall be provided in conformity with all state, county and local safety and construction codes. All electric, gas and telephone transmission lines shall be installed underground.
(8)
A minimum of 25% of the total acreage of all campgrounds shall be reserved as open space on which campsites shall not be permitted. At least 10% of the total acreage of all campgrounds shall be devoted to active or passive recreational uses. Such recreational areas shall be considered part of the open space requirements. Recreational open space may contain structures used for or related to recreational activities such as pavilions, picnic areas, playgrounds, swimming pools, lakes, athletic fields, barns, trails, bike paths, bridle paths, cultural, historic and ecological displays and activities and other spaces, buildings or structures designed primarily for educational, recreational, physical and amusement activities, provided that they are clearly accessory to the campground, primarily serve the needs of those persons using the campsites and are in use only during those times when the campground is open.
(9)
A minimum buffer area of 25 feet shall be provided around the entire perimeter of all campgrounds. Year-round natural growth or privacy fences shall be provided in the buffer area along adjoining residential uses unless adequate natural buffering already exists.
(10)
No campsite, recreation area or other campground facility or structure, except for roadways or drives giving access to public highways, shall be located less than 100 feet from any property line, 150 feet from any dwelling unit on neighboring properties or 150 feet from the road edge of any public highway. Any surface or subsurface sewage disposable system shall be located at least 300 feet from any wetland.
(11)
Campgrounds shall be open for camping from March 15 through November 30 of each year, except that a maximum of 20% of the total sites of a campground may be equipped and available for year-round use, provided that such sites are leased only in accordance with the provisions of Subsection F below and that persons using such sites must provide the campground owner with a permanent address at which they reside and sign a certification that the permanent address provided is their correct permanent address and will remain so during the time they use the campsite.
(12)
Each campsite (including parking space) shall include a minimum of 2,500 square feet in area. All natural buffering possible between campsites shall be preserved.
E.
Other permitted uses. In order to provide for a variety of activities and for service of those temporary inhabitants of a campground, the uses listed in Subsection E(1) and (2) below shall be permitted as a part of any campground, in temporary or permanent structures, provided that they are clearly accessory to the campground, primarily serve the needs of those persons using the campsites and are in use only during those times when the campground is open:
(1)
One employee residence, provided that the campground contains at least 150 campsites and provided that each person occupying the residence shall be employed at least 20 hours per week as a campground employee during those times when the campground is open or, if occupied by a single family, at least one family member residing in the employee residence shall be employed at least 20 hours per week as a campground employee during those times when the campground is open.
(2)
Recreational buildings and structures as listed in Subsection D(8) above; safety, security and utility buildings and structures; retail stores for the sale of food, clothing and equipment or the sale and servicing of recreational vehicles; storage buildings, garages, animal enclosures and barns; pavilions, shelters and screen houses; ecological facilities; and other buildings or structures commonly found in or used in connection with campgrounds and recreational areas as an accessory use.
(3)
Mobile homes shall be strictly prohibited.
F.
Rules governing operations. Campgrounds shall be open to members of the general public for temporary recreational camping and not for residential use. No person shall permanently occupy or establish residence at any campsite, including those equipped for year-round use. The provisions of this section shall not apply to the occupants of the employee residences permitted pursuant to Subsection E(1) above. Use of campsites not in accordance with this subsection shall result in the following:
[Amended 3-24-1997 by Ord. No. 8-1997]
(1)
The campground owner shall immediately exclude from the campground any person attempting to use a campsite as a residence.
(2)
The campground owner shall be liable, upon conviction, to pay a penalty of not more than $500, and the person attempting to use a campsite as a residence shall be liable, upon conviction, to pay a penalty of not more than $250 for the first offense and $500 for each additional offense. Each day any violation continues shall be considered a separate offense punishable by a like penalty.
G.
Licensing.
[Amended 11-6-2006 by Ord. No. 11-2006]
(1)
All operators of campgrounds shall be required to obtain a yearly operating license from the Township Clerk on or before January 1 of each year. The license shall state the number of campsites devoted to seasonal use and the number of campsites equipped for year-round use. Campground owners must also file with the Clerk a monthly roster of all campsites which are equipped for year-round use, stating those which are occupied and those which are vacant. For the calendar year 1990, the license shall be prorated from August 1, 1990 to December 31, 1990. The license shall conform in all respects to the as-built plan filed by existing campgrounds under this chapter or to the approved site plans. The Township Clerk shall revoke the license of any campground which does not comply with the provisions of this chapter.
(2)
Fees, payable upon issuance of the license.
[Amended 6-13-2011 by Ord. No. 4-2011; 12-27-2016 by Ord. No. 37-2016; 11-23-2020 by Ord. No. 93-2020]
§ 115-114 Cluster development.
Cluster developments of single-family dwellings providing for the reduction of individual building space and area requirements while maintaining overall density standards to produce usable common open space and reduce the cost of services of single-family detached dwellings may be established in those districts specified in Article X of this chapter. Any cluster development must involve the creation of at least 25 home sites and comply with all normal subdivision and development requirements.
A.
In RA Districts, cluster developments shall:
(1)
Have an individual lot size of not less than one acre.
(2)
Have an overall net density of not more than one dwelling unit per two acres.
(3)
Have at least a lot width and depth of 130 feet; side yards of 20 feet; and front and rear yards of 30 feet.
(4)
Be provided with an acceptable common open space ownership and management organization pursuant to N.J.S.A. 40:55D-43.[1]
[1]
Editor's Note: Former Subsection B, regarding cluster developments in RDR Districts, as amended, which immediately followed this subsection, was repealed 11-28-2011 by Ord. No. 14-2011.
B.
In PV Districts, cluster development shall:
(1)
Have an individual lot size of not less than one acre.
(2)
Have an overall density of not more than one dwelling unit per 2.5 acres in PVR1 and PVRC districts and not more than one dwelling unit per 5.0 acres in PVR2 Districts.
(4)
Be provided with an acceptable common open space ownership and management organization pursuant to N.J.S.A. 40:55D-43.[2]
[2]
Editor's Note: Former Subsection D, regarding cluster development in FA1 or FA2 Districts, and Subsection E, regarding cluster development in FA3 Districts, as amended, which immediately followed this subsection, were repealed 11-28-2011 by Ord. No. 14-2011.
§ 115-115 Cultural housing.
[Amended 4-26-1993 by Ord. No. 253-1993]
A.
In any Pinelands Management District, residential dwellings on three-and-two-tenths-acre lots are permitted, provided that:
[Amended 7-28-1997 by Ord. No. 17-1997]
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(2)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.
(3)
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.
(4)
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 20 different years.
B.
In any Pinelands Management District, residential dwellings on one-and-zero-tenths-acre lots are permitted, provided that:
(2)
The lot to be developed existed as of February 8, 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 14, 1981.
(3)
The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirements set forth in Subsection A above.
(4)
The applicant purchases and redeems 0.25 Pinelands development credits.
(5)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 115-47B(3) of this chapter.
§ 115-116 Resource extraction.
A.
Resource extraction shall not be a permitted or conditional use in any zoning district in Buena Vista Township, including, but not limited to, the following districts:
[Amended 7-28-1997 by Ord. No. 17-1997; 1-22-2001 by Ord. No. 2-2001]
B.
In addition to other requirements, the site plan for any prospective resource extraction use shall show the area to be excavated; depth of proposed excavations; setbacks from roads, highway and property lines; and detailed topographic information showing existing and future surface drainage patterns as per details in § 115-61. Information accompanying the plans shall stipulate the period of time during which the operation will continue, the type of equipment to be used (including delivery vehicles), the daily schedule of operation and measures proposed for avoiding safety hazards, wind erosion, excessive noise and other nuisance characteristics.
C.
A development permit or certificate of occupancy shall not be issued for any resource extraction operation until authorized by a municipal agency. In addition, the continuing validity of any such certificate of occupancy shall depend upon continuing compliance with the following standards and requirements:
(1)
The operation of the resource extraction use shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haulage roads situated within 1,000 feet of any dwelling in a dust-free condition, providing such surfacing or other treatment recommended by the municipal agency.
(2)
Excavations, sedimentation ponds or stockpiled material shall not be located closer than 200 feet to the boundary line of adjoining property or any existing street or road.
(3)
Any tract of land to be used for resource extraction operations shall be at least 125 acres in area, unless it is contiguous to lands already used by an active resource extraction operation, in which case the coordination of restoration plans will be required.
(4)
Proof of legal right to access the resource extraction sites must be shown where no frontage on a public road or highway exists, and access routes shall not pass through existing residential areas.
(5)
Sufficient topsoil shall be stockpiled during the operation to recover all excavated areas to a depth naturally found on undisturbed neighboring land.
(6)
Provision for fencing or earthen berms shall be required to prevent unauthorized entry through access roads. Further fencing may be required, depending on the nature of the operation, distance from developed areas, depth of pit water and slope of pit walls.
(7)
Before any certificate of occupancy or license is issued for a resource extraction use, the owner or operator shall file with the Township Clerk a performance bond naming the Pinelands Commission and the Township as the obligee, as specified in § 115-44, in the amount of $2,000 per acre for each acre to be licensed for resource extraction. Such bond or other security shall be accompanied by an agreement signed by the applicant and landowner, if a different person, granting the municipality the right of access to perform all necessary rehabilitation of bonded property in the event of forfeiture of the bond. In the event of default, forfeiture shall be made by the municipal agency after public hearing on not less than five days' written notice, mailed to the principal and surety at their last known post office address, which notice shall be complete upon mailing. The bond or other security may be released upon satisfactory restoration of the complete project area, or portions of the security may be released as proportional stages of restoration are accomplished, on determination of the Pinelands Commission and the municipal agency in accordance with the abovelisted operating standards and the restoration standards listed in § 115-61B, and provided that the bond or other security is replaced with a maintenance guaranty for a period of two years thereafter.
(8)
Any engineering or legal expenses incurred in assuring compliance with the above requirements shall be borne by the applicant.
§ 115-117 Gasoline service stations and repair garages.
In APC, RDR1C, RDR2, RDR1I, RDI, PT, and B1 Districts, gasoline service stations and repair garages may be established as a conditional use when, in addition to meeting other requirements, they comply with the following provisions:
A.
Driveways shall not be more than 24 feet wide at any point. They shall be located at least 10 feet from any side lot line and 50 feet from the intersection of street right-of-way lines.
B.
Any part of the site subject to access by motor vehicles shall consist of base and surface bituminous concrete paving in accordance with the provisions of § 115-34 of this chapter.
C.
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.
D.
Accessory goods for sale may be displayed in the building and on the pump island only.
E.
All fuel pumps shall be located at least 50 feet from any property line. All fuel tanks shall be installed underground and shall be located at least 30 feet from any property line.
F.
A suitable protective barricade of any conventional opaque fencing material not less than four feet high shall be appropriately located in cases where the proposed service station abuts any property zoned or used for residential purposes. In addition, the municipal agency may require buffers or foliage, screen fencing 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 500 feet of any public entrance to a school, library, hospital or charitable institution. Such distance shall be measured in a straight line from said public entrance to the service station lot line nearest said entrance along the street line.
H.
In addition to the information required in the site plan as spelled out in Article IV of this chapter, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, 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.
§ 115-118 Home occupations.
Unless prevented by a valid deed restriction, a home occupation, as defined in Article II of this chapter, may be established as a conditional use, as specified in Article X, when, in addition to meeting other requirements, it complies with the following:
A.
The activity must be conducted by a member of the family residing on the premises and shall not involve more than one employee not living on the premises.
B.
It shall not occupy more than 25% of the principal residential structure nor more than 400 square feet of any accessory structure or structures.
C.
There shall be no exterior evidence of such secondary use other than permitted signs.
D.
It shall not involve any storage of stock or machinery outside the principal or accessory structure.
E.
It shall not involve any external operation except those customarily accessory to residential use.
§ 115-119 Combined parcel homesteads.
[Amended 4-26-1993 by Ord. No. 253-1993; 3-10-1997 by Ord. No. 5-1997]
Combined parcel homesteads, in the form of single-family detached dwellings, shall be permitted as a conditional use on one-and-zero-tenths-acre lots existing as of January 14, 1981, in the FA2, FA3, RDR1, RDR2, RDR1C and RDR1I Districts and in any FA1 District located north of Harding Highway, 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 30 acres if development is proposed in the FA1 or FA2 Districts, 20 acres if development is proposed in the FA3 District, 3.2 acres if development is proposed in the RDR1, RDR1C or RDR1I Districts and five acres if development is proposed in the RDR2 District.
B.
All lands acquired pursuant to Subsection A above, which may or may not be developable, are vacant.
C.
If the lot proposed for development is located in the RDR1, RDR2, FA3, RDR1C or RDR1I Districts, all lands acquired pursuant to Subsection A above are located within the same zoning district where development is proposed.
D.
If the lot proposed for development is located in the FA2 District, all lands acquired pursuant to Subsection A above are located with the FA2 District or within an FA1 District that is located south of Harding Highway (Route 40).
E.
If the lot proposed for development is located in the FA1 District, it is located in an FA1 District north of Harding Highway (Route 40), and all lands acquired pursuant to Subsection A above are located in an FA1 District that is located north of Harding Highway (Route 40).
F.
All noncontiguous lands acquired pursuant to Subsections A through E above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 11-28-2011 by Ord. No. 14-2011]
(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 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 Chapter 115;
(b)
Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:
[1]
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%;
[2]
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 combined parcel homestead development;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection F(1)(b)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection F(1)(a) above and shall not provide for continuation of any agricultural use on the parcel; and
[4]
The deed of restriction to be recorded pursuant to Subsection F(1)(b)[1] or [2] 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 Atlantic 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 nonprofit 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.
G.
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.
H.
Site plan materials submitted with an application for a combined parcel homestead shall show, in addition to pertinent information for the parcel to be developed required in § 115-20, tax map information for any other parcel to be involved in the proposal; the existing state of development of such parcels; any subdivision plats necessary to accomplish the proposal and key maps showing the relationship of any involved parcel to surrounding lots and road system.
I.
The acquired noncontiguous lands may be used only once for the purposes of a combined parcel homestead, and no part of any property acquired for such purposes may ever be used a second time to satisfy minimum lot size requirements for any other piece of property by the same or any other owner.
§ 115-120 Industrial uses.
Industrial uses may be established as a conditional use as permitted in Article X when, in addition to meeting other standards and requirements, they comply with the following:
A.
A detailed description of proposed activities and processes, as well as resulting products and by-products, shall be included with the site plan application.
B.
Application material shall clearly demonstrate compliance with Pinelands performance and other standards and requirements contained in Article VIII.
C.
Precautions against fire hazards, air pollution, radiation and explosion; provisions for the handling and storing of materials; structural building design; and provisions for safeguarding the health of workers shall be set forth in the application and shall comply with applicable state statutes and requirements of the Department of Environmental Protection and Department of Labor and Industry.
D.
No vibration or glare will be evident at any point more than 150 feet from the source of said vibration or light.
E.
No more than two access driveways shall be permitted for each 300 feet of highway or street frontage.
§ 115-121 Intensive fowl or livestock farms.
Intensive fowl or livestock farms providing for more than 200 fowl of any kind or 100 head of livestock (beef or dairy cattle, horses, mules, pigs, sheep, goats or veal calves); 10 head of fowl per acre or one adult and one replacement animal per acre may be established only as a conditional use in AP and RA Districts after site plan review by a municipal agency when, in addition to conforming to other standards and requirements, they comply with the following:
A.
In addition to normally required site plan information, the application shall set forth:
(1)
The purpose of the operation.
(2)
The manner in which animals or fowl would be housed or ranged.
(3)
The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.
(4)
The location of and methods for the storage, disposal or other utilization of liquid and/or solid wastes.
(5)
The location of any outside fowl ranges or livestock pens or corrals.
(6)
Proposed lighting and ventilation.
B.
Any intensive fowl or livestock farm shall be located on a land parcel having a minimum of 100 acres.
D.
No building, fenced run or other enclosure for the containment of fowl or livestock or for the storage of animal waste on an intensive fowl or livestock farm shall be closer to any front, side or rear property line or zoning district boundary line than 300 feet.
E.
The feeding of garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.
F.
In reviewing any application for an intensive fowl or livestock farm, the municipal agency may request from the applicant:
(1)
An advisory opinion from the Soil Conservation Service concerning adequacy of plans for liquid or solid waste management (including proposed handling methods if off-site disposal is contemplated), as such plans affect natural resource conservation and protection.
(2)
An advisory opinion from the office of the County Agricultural Agent concerning the adequacy of plans for dealing with specific potential nuisance characteristics in relation to permitted use and density standards applying in the area involved.
G.
Any certificate of occupancy shall remain valid only so long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the municipal agency.
§ 115-122 Junkyards. [1]
Junkyards or the expansion of existing junkyards may be established only as a conditional use in the RDI District when, in addition to conforming to other requirements, they comply with the following provisions:
A.
Any enlargement or extension of any existing junkyard use shall be treated as a conditional use as if it were a new establishment.
B.
All junkyards shall occupy sites of at least 20 acres and have a minimum lot frontage of 400 feet. Junk storage or disassembling activities shall be carried on entirely within a fenced enclosure. Such fence shall be opaque or composed of materials acceptable to the municipal agency and be not less than eight feet in height. The required fencing may be located not closer than 200 feet to any street line or any property zoned or used for residential purposes. Any office, sales, storage or other building in connection with such use shall conform to the yard and building requirements listed in the schedule in § 115-77. No stockpiling of any material at any point on the premises shall exceed a height so as to be visible from the adjacent roadway or an adjoining residentially zoned property.
C.
No wrecking or disassembling activity shall take place within 300 feet of any property line.
§ 115-123 Kennels and animal hospitals.
Kennels and animal hospitals may be established as a conditional use in various districts, as specified in Article X of this chapter, only after site plan review when, in addition to meeting other requirements, they comply with the following:
A.
Kennels or animal hospitals having outdoor pens or cages shall observe district minimum lot area requirements or have a lot area of five acres, whichever is greater, and shall be set back at least 200 feet from all lot lines.
B.
In cases where the use would be entirely enclosed within a soundproof building, it must observe district lot and yard requirements or a lot size of 3.2 acres and a setback from all property lines of 50 feet, whichever minimums are greater.
C.
In FA, RDR1 and RDR2 Districts, kennels and animal hospitals shall be permitted only when the lot on which they would be located is not more than 300 feet from an existing commercial use.
§ 115-124 Modular or mobile home parks.
A maximum of four modular or mobile home parks, as defined in Article II of this chapter, shall be permitted in the Township. When fewer than four such parks exist, application may be made as a conditional use subject to site plan review. In addition to complying with the regulations and procedures of this chapter, any proposed modular or mobile home park shall comply with all applicable provisions of Chapter 72 of this Code. Mobile or modular home parks permitted in the PVR1 and PVR2 Districts shall comply with the following requirements:
Minimum Lot Size1 | |||
|---|---|---|---|
District | Maximum Density | With Sewer (square feet) | Without Sewer (acres) |
PVR1 | 1 unit/2.5 acres | 7,500 | 1 |
PVR2 | 1 unit/5 acres | 7,500 | 1 |
NOTE: | |
|---|---|
1 | Cluster development is required to achieve minimum lot size. |
§ 115-125 Public service infrastructure.
Public utility uses, such as sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other public utility structures which must be provided above or below ground may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:
A.
Any public service infrastructure use requiring a building or fence enclosure shall be established only after site plan review and approval by the municipal agency, subject to the following:
(1)
A statement must be submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the area in which it is located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
Sufficient landscaping, including shrubs, trees and lawns, are provided and will be adequately maintained.
(5)
The public service infrastructure use and lot meet all applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area.
(6)
In the Pinelands Area of the Township, public service infrastructure shall primarily serve the needs of the Pinelands Area. Centralized wastewater treatment and collection facilities shall be permitted to service the FA1, FA2, FA3, AP, APC, RDR1, RDR2, RDR1C, RDR1I and RDI Districts only in accordance with § 115-53.
[Amended 3-10-1997 by Ord. No. 5-1997; 7-28-1997 by Ord. No. 17-1997]
B.
Provision of electric service. Electric service to individual properties in any district shall be provided only as follows:
(1)
As an extension of normal public service infrastructure to any property containing an existing principal use or to any property for which a development permit to construct such a use has been issued.
(2)
As an energy source for agriculture, forestry or resource extraction uses on vacant land only when approved as a conditional use under the provisions of this chapter.
§ 115-126 Substandard lot exemptions.
[Amended 7-28-1997 by Ord. No. 17-1997]
A.
Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in any Pinelands Area zoning district shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(2)
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.
(3)
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
(4)
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
B.
An application for development under the provisions of this section shall be processed as a conditional use under the provisions of this chapter.
§ 115-127 through § 115-128. (Reserved) [1]
§ 115-129 Low-intensity recreational uses.
As specified in Article X, a low-intensity recreational use may be permitted as a conditional use when, in addition to meeting other requirements, it complies with the following:
A.
The parcel proposed for development has an area of at least 50 acres;
B.
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
C.
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of frontage on the water body;
D.
The parcel will contain no more than one campsite per two acres;
E.
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
F.
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 11-28-2011 by Ord. No. 14-2011]
§ 115-130 Institutional uses.
As specified in Article X, an institutional use may be permitted as a conditional use when, in addition to meeting other requirements, it complies with the following:
A.
The use does not require or will not generate subsidiary or satellite development in an FA District;
B.
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and
C.
The use is primarily designed to serve the needs of an FA District in which the use is to be located.
§ 115-131 Pinelands resource-related industries.
[Amended 7-28-1997 by Ord. No. 17-1997]
As specified in Article X, Pinelands resource-related industrial uses, excluding resource extraction and uses that rely on sand or gravel as raw products, may be permitted as a conditional use when, in addition to meeting other requirements, they comply with the following:
A.
The parcel proposed for development has an area of at least five acres.
B.
The principal raw material for the proposed use is found or produced in the Pinelands.
C.
The use does not require or will not generate subsidiary or satellite development in an FA, AP or APC District in which the use is to be located.
§ 115-132 Expansion of intensive recreational uses.
[Amended 3-10-1997 by Ord. No. 5-1997]
The expansion of an intensive recreational use may be permitted as a conditional use in the FA1 and FA2 Districts when, in addition to meeting other regulations, it complies with the following:
A.
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.
B.
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.
C.
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.
§ 115-133 Life-care facility or development.
[Added 11-12-1993 by Ord. No. 266-1993]
A life-care facility or development may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A.
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
B.
The site shall have frontage on and direct access to a minor arterial or collector street.
C.
Minimum area, yard and building requirements shall be as follows:
(1)
Lot requirements.
Type | Requirement | |
|---|---|---|
Lot area | 5 acres | |
Lot width | 200 feet | |
Lot frontage | 200 feet | |
Lot depth | 200 feet |
(2)
Principal building requirements.
(a)
Building setback from any property line separating a lot from a public street: 100 feet.
(b)
Building setback from any property line separating a lot from a nonresidentially zoned lot: 50 feet.
(c)
Building setback from any property line separating a lot from a residentially zoned lot: 75 feet.
(d)
Building setback from another freestanding building within the same development shall be 50 feet or a distance equal to 50% of the height of the taller of the buildings, whichever is greater.
(e)
Maximum building height: See § 115-133C(5).
(3)
Accessory building requirements. Accessory building requirements shall be the same as those established for principal buildings for the particular zoning district within which the life-care facility or development is located.
(4)
Maximum impervious coverage: 75%.
(5)
Maximum principal building height: 35 feet, subject to the provisions set forth in § 115-67; provided, however, that the height of a structure, or portion thereof, may exceed the maximums otherwise permitted, provided that the front, rear and side yard requirements set forth above shall each be increased by five feet for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height, and further provided that, in no case, shall any proposed structure, or part thereof, exceed three usable floors and 40 feet in height, as defined in § 115-6 of this chapter.
D.
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
E.
Health-care and support services, functions and facilities within a life-care facility or development may include the following:
(1)
Indoor and outdoor recreational facilities.
(2)
Physical therapy facilities.
(3)
Entertainment facilities.
(4)
Libraries.
(5)
Food preparation facilities.
(6)
Dining facilities.
(7)
Linen-service facilities.
(8)
Nursing service.
(9)
Housekeeping service.
(10)
Health-care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
F.
Parking facilities for the residents, employees and visitors of the life-care facility shall be provided based on a total of the following:
G.
The maximum permitted density shall be 12 dwelling units per acre. For the purposes of computing density, each independent living unit shall be considered one dwelling unit. Health-care beds, either individually or collectively, shall not be considered dwelling units.
H.
Any health-care facility shall be licensed by and/or meet all applicable standards of federal, state or county regulatory agencies.
§ 115-134 Ministorage facility.
[Added 11-12-1993 by Ord. No. 266-1993]
A ministorage facility may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
A.
The site shall have frontage on and direct access to a minor arterial or collector street.
B.
Minimum area, yard and building requirements shall be as follows:
(1)
Lot requirements.
Type | Requirement | |
|---|---|---|
Lot area | 2.0 acres | |
Lot width | 175 feet | |
Lot frontage | 175 feet | |
Lot depth | 200 feet |
(2)
Principal building requirements.
Type | Requirement (feet) | |
|---|---|---|
Front yard setback | 60 | |
Rear yard setback | 40 | |
Side yard setback (each side) | 40 | |
Maximum building height | 35 |
(3)
Accessory building requirements shall be the same as those established for principal buildings for the particular zoning district within which the ministorage facility is located.
(4)
Maximum impervious coverage: 65%.
C.
A landscaped buffer, a minimum of 25 feet in width shall be provided along the property lines which abut a commercial use or zoning district.
D.
A landscaped buffer, a minimum of 40 feet in width shall be provided along the rear and side property lines which abut a residential use or zoning district.
E.
A minimum of 30 feet shall be provided between all buildings, when more than one ministorage building is provided.
F.
All access and on-site driveways and aisles shall be a minimum of 25 feet in width.
G.
A dwelling unit exclusively for the use and occupancy by the person or persons managing the ministorage facility may be provided. If such a unit is provided however, it shall be an accessory use. Such a unit shall also be located within one of the principal buildings.
H.
No hazardous, toxic or radioactive substance or material shall be stored within any building or on the site.
§ 115-135 Flex buildings and warehouses.
[Added 11-12-1993 by Ord. No. 266-1993]
Flex buildings and warehouses may be permitted as a conditional use in those zoning districts specified, provided that the lots, use and structures shall adhere to the minimum standards of the particular zone and the following:
A.
The required minimum lot area shall be three acres.
B.
Principal building and accessory building requirements and other lot bulk requirements for the particular zone within which the site is located shall apply.
C.
The required minimum unoccupied open space shall be 35%.
D.
No trucks shall be parked, stored or otherwise maneuvered within the front yard setback area.
E.
A heavily landscaped buffer area, a minimum of 25 feet in width, shall be provided along all rear and side property lines, where the parking, storing or maneuvering of trucks shall be prohibited.
F.
Trucks, including tractor or trailers units parked or stored on the lot, shall be arranged in an orderly manner in allocated spaces as shown on an approved site plan.
G.
Trailer units shall be parked or stored only on paved surfaces, and concrete surfaces shall be required under trailer support devices (e.g., crank-down wheels or pads).
H.
Emergency vehicle repair and repair and service of vehicles and equipment essential and incidental to the principal use of the site, provided that such service or repair shall take place within a completely enclosed building.
[Amended 1-24-1994 by Ord. No. 267-1994]
I.
At least 10% of the area devoted to truck parking and storage shall be landscaped. The landscaping should be located in protected areas along walkways, center islands and at the ends of bays.
J.
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted block walls.
§ 115-136 Business parks.
[Added 11-12-1993 by Ord. No. 266-1993]
Business parks may be permitted on a tract of at least 15 acres as a conditional use in those zoning districts specified, provided that the lots, use and structures shall adhere to the minimum standards of the particular zone, and the following:
A.
Minimum and maximum area, yard and building requirements. All values noted in this section are minimums, unless specifically noted otherwise.
(1)
Lot requirements.
Lot Requirements | Individual Lots | Park Lots | |
|---|---|---|---|
Lot area | 2.0 acres | 1.0 acres | |
Lot width | 200 feet | 200 feet | |
Lot frontage | 200 feet | 150 feet | |
Lot depth | 200 feet | 200 feet |
(4)
Accessory building requirements. Accessory building requirements shall be the same as those established for principal buildings for the particular zoning district within which the development is located.
B.
Other provisions and requirements.
(1)
Truck loading and unloading facilities shall be in accordance with § 115-100 of this chapter and on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street.
(2)
All development shall be served by a public sewage disposal system or by a private disposal system which meets state standards. Any private disposal system shall be so designed as will, in the opinion of the Township Engineer, enable the system to be efficiently connected to the prospective public disposal system when constructed.
(3)
Incidental outdoor storage shall comply with § 115-102 and be shielded from any street or adjacent residential zone by fencing, landscaping or other appropriate measure.
(4)
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted block walls.
(5)
There shall be at least one trash and garbage pickup location provided by each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or a combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area, provided that the container in no way interferes with or restricts loading and unloading functions.
§ 115-137 Limited industrial development.
[Added 1-24-1993 by Ord. No. 267-1994]
A.
Limited industrial development may be permitted as a conditional use, in those zoning districts specified, provided that the lots, uses and structures shall adhere to the minimum standards of the particular zone, unless different standards are included in this section, in which case, the standards contained herein shall supersede those found elsewhere in this chapter.
B.
Bulk standards. Bulk standards shall be as follows:
(1)
Limited industrial development containing multiple buildings on the same lot or tract:
(a)
Minimum gross tract size: four acres.
(b)
Minimum lot area per principal building: one acre.
(c)
Minimum frontage: 250 feet.
(d)
Minimum lot width: 250 feet.
(e)
Minimum lot depth: 300 feet.
(f)
Minimum front yard: 50 feet.
(g)
Minimum side yard (each): 30 feet.
(h)
Minimum rear yard: 30 feet.
(i)
Maximum building height: 35 feet.
(j)
Building setback requirements.
[1]
Building setbacks from exterior property lines.
[a]
The minimum building setback from any property line separating a lot from a public street shall be 50 feet.
[b]
The minimum building setback from any property line separating a lot from a nonresidentially zoned lot shall be 20 feet.
[c]
The minimum building setback from any property line separating a lot from a residentially zoned lot shall be 50 feet.
[2]
Building setback from another freestanding building within the same limited industrial development: 50 feet.
(k)
Maximum impervious coverage: 70%.
(l)
Maximum building coverage (includes all principal and accessory buildings located on a site): 40%.
(m)
Accessory buildings. Accessory buildings shall be subject to all the same locational requirements as principal buildings and shall not have a ground floor area in excess of 15% of the area of the site.
C.
Buffers and landscaping.
(1)
A landscaped buffer of not less than 20 feet in width shall be provided adjacent to any street line. Buffers may be comprised of earth berms, fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from the view of those at grade or first-floor level in adjacent homes and to prevent the shining of automobile headlights into the yards of adjacent property. In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas. In addition, shade trees with a minimum caliper of 2 1/2 inches shall be provided in the buffer at the rate of one per 1,000 square feet of buffer feet.
(2)
A landscaped buffer of not less than 25 feet in width shall be provided along any common property line with a lot in a residential district. Buffers may be comprised of earth berms, fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from the view of those at grade or first-floor level in adjacent homes and to prevent the shining of automobile headlights into the yards of adjacent property. In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas. In addition, shade trees with a minimum caliper of 2 1/2 inches shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.
(3)
Interior parking lot landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking shall be provided. Such landscaping shall be provided in areas of not less than 150 square feet. Shrubbery shall be of less than four feet, and shade trees shall have foliage of six feet plus.
D.
Other provisions and requirements.
(1)
No merchandise, products, waste, equipment, trailers or similar material or objects shall be displayed or stored outside, except for vehicles capable of moving under their own power.
(2)
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(3)
All portions of the property not utilized by buildings or paved surfaces shall be landscaped.
(4)
The established grades on the site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(5)
Trash enclosures must be enclosed behind an opaque fence or wall at least five feet in height, with an opaque self-closing gate. The exterior finish material of the trash enclosure and gate must be compatible with that of the exterior of the principal structure.
(6)
Not more than one point of ingress and/or egress shall be permitted within 250 feet of another point of ingress and/or egress, and in no case shall a development have more than two such points of ingress and/or egress on any one street frontage.
(7)
Loading and unloading facilities shall be provided in accordance with § 115-100 of the Code and shall be on the same lot and in other than the required front yard so as to permit the transfer of goods on other than a public street.
(8)
Public water supply and sewage disposal shall be provided. On-site wells and/or septic disposal systems shall not be permitted.
(9)
All streets within a limited industrial development shall be private, and there shall be adequate provisions for repair and maintenance so as to relieve the Township of Buena Vista from any responsibility for the upkeep of such streets.
(10)
No use shall be conducted in such a way as to discharge any treated or untreated industrial waste, except as shall be approved by Buena Vista Township and any applicable state or federal agency having jurisdiction in such matters.
§ 115-138 Agricultural products processing facilities; expansion of glass manufacturing facilities.
[Added 5-12-1997 by Ord. No. 11-1997; amended 7-28-1997 by Ord. No. 18-1997]
Agricultural products processing facilities and the expansion of existing glass manufacturing facilities may be permitted as conditional uses in the API District when, in addition to meeting other regulations, they comply with the following:
§ 115-139 Flea markets.
[Added 10-13-1998 by Ord. No. 18-1998]
A.
Flea markets, temporary. In the RDR1 District, flea markets may be established as a conditional use when, in addition to meeting other requirements, they comply with the following:
(1)
No person, firm, corporation or organization may conduct or participate in displaying or selling at a flea market, unless the following requirements are met:
(a)
Each person, firm, corporation or organization authorized to conduct or participate in displaying or selling at a flea market in accordance with this section shall file an application with the Township Clerk at least 30 days prior to the date of the commencement of such flea market sale.
(b)
Such application shall set forth the following:
[1]
Name of person, firm, corporation or organization conducting the sale.
[2]
Name and address of the owner of the property upon which said flea market sale is to be conducted.
[3]
Written consent of the owner if the applicant is other than the owner.
[4]
Street address or Tax Map reference of the location at which said flea market sale is to be conducted.
[5]
A sketch of the proposed use, including general table location, areas reserved for parking, approximate distances to property lines and street lines and locations of existing structures.
[6]
Date, if any, of prior sales within three years prior to date of application.
[7]
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
[8]
Whether or not the sale will be held indoors or outdoors.
[9]
Date or dates of the sale.
[10]
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
[11]
A fee of $100 may be assessed to the applicant prior to the conducting of any such sale.
(c)
The application requirements and/or fee may be waived for all nonprofit organizations. At the Zoning Officer's discretion, the above requirements may also be waived for, including but not limiting to, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. § 501(c) or (d).
(d)
No more than two permits to any one such organization and/or location shall be authorized in any one calendar year. Any additional permit request must be made before the Buena Vista Township Committee.
(e)
Such flea market sales shall be limited to two consecutive calendar days and shall be conducted only between the hours of 7:00 a.m. and dusk. Permittees shall be allowed a maximum of two rain days.
(f)
The permit for the conducting of such sale must be approved by the Buena Vista Township Zoning Officer and be prominently displayed upon the premises upon which the sale is conducted throughout the entire period of the sale.
B.
Flea markets, permanent. No person, firm, corporation or organization may conduct or participate in displaying or selling at a flea market, unless the following requirements are met:
(1)
A site plan approval shall be required from the appropriate municipal board.
(2)
A flea market application shall set forth the following:
(a)
Name of the person, firm, corporation or organization conducting sale.
(b)
Name and address of the owner of the property upon which said flea market sale is to be conducted.
(c)
Written consent of the owner if the applicant is other than the owner.
(d)
Street address or Tax Map reference of the location at which said flea market sale is to be conducted.
(f)
Design criteria.
[1]
Size of site. The site of the permanent flea market shall be a minimum of five acres of land with a minimum frontage of 500 feet.
[2]
Height of building. The height of the principal buildings of the flea market shall not exceed two stories or 30 feet.
[3]
Impervious coverage. The building, structures, pavement, etc., constituting impervious coverage shall not cover more than 30% of the total area allocated to said establishment.
[5]
Entrances and exits. All entrances and exits will be located in the most optimal location to eliminate disruptive and unsafe traffic patterns. Each applicant must have a professional engineer certify with a traffic survey that the design meets all applicable requirements.
[6]
On-site parking. Parking shall be provided in accordance with § 115-32 and shall provide one space per 500 square feet of used area plus one space per vendor. Each parking space shall be clearly marked.
[7]
A landscaped buffer, a minimum of 25 feet in width, shall be provided along the property lines which abut a commercial use or zoning district.
[8]
A landscaped buffer, a minimum of 50 feet in width, shall be provided along the property lines that abut a residential use or zoning district.
[9]
A landscaped buffer, a minimum of 100 feet in width, shall be provided along the property lines which abut an agricultural use or zoning district.
[10]
Sanitary sewer facilities are subject to review and approvals from the Atlantic County Department of Health.
(g)
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
(h)
Whether or not the sale will be held indoors or outdoors.
(i)
Date or dates of the sale.
(j)
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
(3)
Such flea market sales shall be conducted only between the hours of 7:00 a.m. and dusk.
(4)
The permit for the conducting of such sale must be approved by the Buena Vista Township Zoning Officer and be prominently displayed upon the premises upon which the sale is conducted throughout the entire period of the sale.
C.
License fee, posting of license, compliance with conditions.
(1)
The license fee for permanent flea markets shall be the sum of $1,000 annually, and such licenses shall run from January one to December 31, inclusive, of each year.
(2)
Each holder of a license herein authorized shall at all times keep the license posted, while in force, in a conspicuous place on the premises described in the application for such license.
(3)
The licensee, by accepting a license hereunder, agrees to comply with all the terms and conditions set forth in this chapter and all rules and regulations promulgated by the Township Committee.
D.
Signs.
(1)
Temporary flea markets. No signs for advertising or directing customers are to be posted on any place other than the premises of the applicant. The sign is not to exceed two feet by three feet in size and cannot be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
E.
Restoration of premises upon completion of sale. Immediately upon the conclusion of any sale authorized by this chapter, the permittee shall be obliged, within 24 hours after the conclusion of said sale, to clean the outside of said premises and remove all unsold merchandise therefrom and restore same to the condition in which it existed prior to said sale. This includes any debris that was generated from this sale that has migrated to neighboring lots off-site.
F.
Exception to provisions. The provisions of this chapter shall not apply to affect the following:
(1)
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public officials.
(3)
The selling or advertising for sale of an item or items of personal property which are specifically described in the advertisement and which separate items do not exceed five in number and which are not displayed outside the premises.
G.
Violations and penalties. Any person, association or corporation conducting any such sale or similar activity without obtaining a permit, or who shall violate any of the other terms and regulations of this chapter, may have their permit revoked. Such persons shall also, upon conviction of any violation hereof, be fined per day for each violation the following:
H.
Enforcement. Notwithstanding any law to the contrary, it is the intent of the Mayor and Committee of the Township of Buena Vista that this chapter be enforced by the Zoning Officer of the Township of Buena Vista.
§ 115-140 Automobile, new and used car sales and service establishments.
[Added 10-13-1998 by Ord. No. 18-1998]
A new and/or used car sales and service establishment shall be a conditional use in the RDR1C, RDR1I, PVRC and PT zoning districts, provided that the lot, use and structures shall adhere to the following:
A.
Purpose. Automobile sales and service establishments shall be permitted, provided that they are new car sales and service establishments operating as a manufacturer's franchise and represented by new car automotive sales establishment and used sales establishment.
B.
New and used car sales and service establishment. (Includes new car sales and services establishments that also sell used cars).
(1)
Minimum conditional use requirements.
(a)
Size of site. The site of a new automobile sales and service establishment shall be a minimum of five acres of land with a minimum frontage of 300 feet.
(b)
Height of building. The height of the principal buildings of the automobile sales and service establishments shall not exceed 2 1/2 stories or 35 feet.
(c)
Impervious coverage. The building, structures and paved areas constituting an automobile sales and service establishment shall not cover or encompass more than 15% of the total land area allocated to said establishment. The outdoor storage of vehicles for sale or service shall be restricted to only those areas that are paved in accordance with § 115-101D.
(e)
Automotive service activity related to a new and used car sales and service activity to be enclosed. All automotive service activities and operations shall be conducted within fully enclosed structures. No commercial gasoline stations shall be permitted. As part of a new or used car sales or service, operation of a gasoline-dispensing facility, which is an integral part of said operation and is not open to the public, may be permitted.
(f)
Entrances and exits. All service entrances and exits shall be located at the rear or side of the principal buildings.
(g)
On-site parking.
[2]
There shall be one paved on-site parking space for every full-time employee. In addition, there shall be a minimum of 10 customer on-site paved parking spaces. Each paved employee or customer on-site parking space shall be clearly marked.
(h)
A landscaped buffer, a minimum of 25 feet in width, shall be provided along the property lines which abut a commercial use or zoning district.
(i)
A landscaped buffer, a minimum of 50 feet in width, shall be provided along the property lines which abut a residential use or zoning district.
(j)
A landscaped buffer, a minimum of 100 feet in width shall be provided along the property lines which abut a agricultural use or zoning district.
C.
Used automobile sales. A used car sale establishment shall be deemed as such when more than one used vehicle is being sold simultaneously at one location.
(1)
Minimum conditional use requirements.
(a)
Size of site. The site of a used automobile sales and service establishment shall be a minimum required within the permitted zone as per Article X.
(b)
Height of building. The height of the principal buildings of the used automobile sales and service establishment shall not exceed 2 1/2 stories or 35 feet.
(c)
Impervious coverage. The building, structures and paved areas constituting a used automobile sales and service establishment shall not cover more than 10% of the total land area allocated to said establishment. The outdoor storage of vehicles for sale or service shall be restricted to only those areas that are paved in accordance with § 115-101D.
(e)
Automotive service activity related to a new and used car sales and service activity to be enclosed. All automotive service activities and operations shall be conducted within fully enclosed structures. No commercial gasoline stations shall be permitted. As part of a new or used car sales or service, operation of a gasoline-dispensing facility, which is an integral part of said operation and is not open to the public, may be permitted.
(f)
Entrances and exits. All service entrances and exits shall be located at the rear or side of the principal buildings.
(g)
On-site parking.
[2]
There shall be one paved on-site parking space for every full-time employee. In addition, there shall be a minimum of 10 customer on-site paved parking spaces. Each paved employee or customer on-site parking space shall be clearly marked.
(h)
A landscaped buffer, a minimum of 25 feet in width, shall be provided along the property lines which abut a commercial use or zoning district.
(i)
A landscaped buffer, a minimum of 50 feet in width, shall be provided along the property lines which abut a residential use or zoning district.
(j)
A landscaped buffer, a minimum of 100 feet in width, shall be provided along the property lines which abut a agricultural use or zoning district.
§ 115-141 through § 115-142. (Reserved) [1]
[1]
Editor's Note: Former § 115-141, Accessory uses, added 10-13-1998 by Ord. No. 18-1998, as amended, was repealed 10-22-2018 by Ord. No. 63-2018. See now § 115-110.1. Former § 115-142, Temporary greenhouses, added 10-13-1998 by Ord. No. 18-1998, was repealed 10-22-2018 by Ord. No. 63-2018. See now § 115-103.1.
§ 115-143 Wireless local communications facilities.
[Added 1-22-2001 by Ord. No. 3-2001]
A.
Purpose. The purpose of this section is to establish provisions regulating the number, location, design and construction of local communications facilities, including towers, antennas, equipment sheds and appurtenances, in order to accommodate the personal and commercial needs of the citizenry while protecting the health, safety, vitality and general welfare of the community and its environment. The goals of this section are:
(1)
To provide for adequate wireless communications throughout the entire municipality while minimizing the total number of communications towers.
(2)
To minimize the impact of local communications facilities, particularly towers, on areas of scenic and cultural significance to the municipality and the region.
(3)
To encourage the location of such towers as are necessary in nonresidential and nonrecreational areas.
(4)
To require the use of existing towers and other structures as support platforms for local communications facilities to the extent consistent with the purpose and the other goals of this section.
(5)
To require the collocation of local communications facilities of competing providers in order to reduce the number of required towers.
(6)
To ensure that such towers are sited, constructed and maintained in a manner which poses the fewest hazards to the general public as possible.
(7)
To distinguish between those Pinelands Zoning districts wherein the maximum height of local communications facilities is restricted and those in which there is no such height restriction.
(8)
To provide for the timely removal of local communications facilities and the restoration of the sites they occupied once they are permanently withdrawn from service.
B. ANTENNA COLLOCATION EQUIPMENT SHED/SHELTER LATTICE TOWER LOCAL COMMUNICATIONS FACILITY MONOPOLE PROVIDER
Definitions. As used in this section, the following terms shall have the meanings indicated:
The surface from which wireless radio signals are sent and received by a local communications facility.
The use of a single tower on the ground by more than one provider and/or the installation of several local communications facilities on an existing building or structure by more than one provider.
An enclosed structure, cabinet, shed or box at the base of the local communications facility within which are housed batteries and electrical equipment.
A freestanding tower with multiple legs and cross-bracing of structural steel.
An antenna and any support structure, together with any accessory facilities, which complies with the standards contained in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.4) and which is intended to serve a limited, localized audience through point to point communication, including, but not limited to, cellular telephone service, personal communications systems, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
A type of freestanding tower with a single shaft of wood, steel or concrete and a platform (or racks) for antennas arrayed at the top.
A company that provides wireless services via a local communications facility.
C.
Applicability.
(1)
All new wireless local communications facilities, be they affixed to freestanding towers or mounted on existing structures, and any structures, equipment or features accessory to the operation of said facilities, shall be subject to the provisions contained herein.
(2)
Existing local communications facilities shall not be required to conform to the provisions contained herein until such time as they are to be altered for installation of additional facilities.
D.
General provisions and requirements.
(1)
Upon approval by the Planning Board, the construction and operation of local communications facilities shall be permitted as a conditional use in certain parts of the municipality subject to the provisions and limitations contained herein.
(2)
All local communications facilities subject to the provisions herein which are located within the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(6).
(3)
The municipality may seek, at the applicant's expense, independent expert advice on the specific locational need for, design, construction and operation of local communications facilities to aid in the evaluation of applications for such facilities.
(4)
The applicant for a local communications facility which involves construction of a freestanding tower more than 100 feet in height shall make space available on the tower for municipal communications needs to the municipality, if technical operating requirements allow. The municipality shall use such space solely for installation of communications devices for fire, police or emergency medical services.
(5)
The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no existing, suitable facility within the service area which could be utilized. Citation in a comprehensive plan approved by the Pinelands Commission shall serve as evidence of the need for a facility in a general area but not as to the need for any specific site.
(6)
The applicant shall agree in writing to submit certification to the Planning Board and the Pinelands Commission every five years that the proposed local communications facility is still in use and that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced to the minimum height necessary for operational needs, as determined by the Planning Board, within 12 months of the certification.
(7)
Use of existing structures. The use of existing structures as support platforms for local communications facilities shall be required in all cases where consent of the structure's owner has been secured; use of the structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible; use of the structure will not increase the total number or affect the location of new towers that will be built in the municipality; and the following circumstances apply:
(a)
Use of the structure will not require an expansion and the addition of a local communications facility does not harm the character and integrity of the existing structure;
(b)
Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile, and it is either in a certified plan approved by the Pinelands Commission or it is an existing communication structure; or
(c)
Use of the structure will require an expansion in excess of 50% where the site is identified in a comprehensive plan approved by the Pinelands Commission and the expansion or reconstruction will preserve the current use and the visual impact of installation of expanded structure will be less than that of a new local communications' facility.
(8)
The applicant shall agree that if a new tower is approved, collocation will be permitted unless technically infeasible. The applicant shall also agree that all of the local communications facilities under his or her control within the municipality shall be made available for collocation purposes.
E.
Height limitations and locational requirements for new local communications facilities.
(1)
Non-Pinelands zones and non-height-restricted Pinelands zones. Within those zoning districts identified below, which are located within either the non-height-regulated portion of the Pinelands Area or outside the Pinelands Area portion of the municipality, local communications facilities may be built to whatever height is the minimum necessary to provide adequate service, as demonstrated by the applicant and determined by the Planning Board.
(2)
New towers in Pinelands height-restricted zones. The following provisions shall apply in those zoning districts which constitute the Preservation Area District, Forest Area, Agricultural Production Area, Special Agricultural Production Area, Rural Development Area and Pinelands Village areas of the municipality:
(a)
No application for construction of a new local communications facility tower shall be approved unless the comprehensive plan governing such facilities, referenced in Subsection D(2) herein, has been approved by the Pinelands Commission.
(b)
New local communications facility towers shall not exceed 200 feet in height, as measured from grade. Freestanding towers built to a lesser height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications facilities.
(c)
All new local communications facility towers shall be located within the area consistent with the service need for the facility, but in no case beyond a five-mile radius of the area specified in the comprehensive plan referenced in Subsection E(2)(a) above. The applicant shall initially determine and demonstrate a technically feasible search area within this radius. If the search area contains lands located both inside and outside the Pinelands Area or lands in more than one Pinelands management area, the applicant shall seek to site the facility in accordance with the following hierarchy, with the first designation being the location of greatest preference:
[1]
Outside the Pinelands Area.
[2]
Pinelands Regional Growth Areas, Pinelands towns and the developed portions of military and federal installation areas.
[3]
Pinelands Rural Development Areas, Agricultural Production Areas, undeveloped portions of military and federal installation areas and Pinelands villages other than those expressly identified in N.J.A.C. 7:50-5.4(c)6.
[4]
The Pinelands Preservation Area District, Special Agricultural Production Areas, Forest Areas and the Pinelands villages expressly identified in N.J.A.C. 7:50-5.4(c)6, provided that the resulting site does not cause an increase in the number of new towers in these areas from that identified in the approved plan.
(d)
Within the Preservation Area District, Forest Area, Special Agricultural Production Area or Rural Development Area, new local communications facility towers shall be permitted only at the following locations:
[1]
In a certified municipal commercial or industrial zone, including a mixed use zone which permits a variety of nonresidential uses. If the facility is proposed in an industrial zone within the Forest or Preservation Area District where resource extraction is the primary permitted use, the facility shall be located on the parcel of an approved resource extraction operation in accordance with Subsection E(2)(d)[3] below.
[2]
On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on state, county or municipal conservation lands, state recreation lands or county and municipal lands used for low-intensity recreational purposes.
[3]
On the parcel of an approved resource extraction operation, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.
[4]
On the parcel of an existing first aid or fire station.
[5]
On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.
(e)
To the extent feasible and consistent with other provisions contained in this section, new local communications facility towers shall be sited in a manner which:
[1]
Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:
[2]
Avoids, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in N.J.A.C. 7:50-6.105(a), the Pine Plains and areas necessary to maintain the ecological integrity of the Pine Plains;
[3]
Maintains a distance of at least five miles from the Forked River Mountains and otherwise minimizes visual impacts as viewed from the Forked River Mountains; and
[4]
Minimizes visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer, setback and screening requirements established in Subsections E(3)(d) and F(9) of this section.
[5]
If multiple sites for new towers which meet all other qualifications are available, the site with the least visual impact shall be selected; if only a single qualifying site is available, the best location on the site that meets all other standards of this section shall be selected.
[6]
The design and construction of all new local communications facility towers shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise or hide local communications facilities towers so that they blend into the natural background to the maximum extent possible.
(3)
All zoning districts. The following provisions shall apply throughout the municipality:
(a)
Local communications facilities shall be located so as to meet the technical operating requirements of the applicant and any potential co-locators who have expressed a desire to use the same facility.
(b)
Local communications facilities shall be located, in order of preference, on:
[1]
Existing structures whose appearance would not be significantly altered (no more than de minimus change in their mass or height, and no impact upon an historic structure or structures within historic districts that have been designated in accordance with the provisions of N.J.A.C. 7:50-6.154, unless the installation can be accomplished consistent with the criteria of N.J.A.C. 7:50-6.156);
[2]
Other structures whose appearance would be significantly altered, provided that the visual impact of the former would not exceed that of the eligible undeveloped sites.
[3]
Undeveloped sites eligible for a new tower.
(c)
All freestanding local communications facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area and shall comply with the siting design provisions of Subsection (2)(e) above, where applicable. The Planning Board may reduce this setback requirement by as much as 50% of the required distance, if it finds that limited sites and land tenure necessitates such reduction and safety and visual impacts may be alternately addressed.
F.
Design and construction requirements.
(1)
All local communications facilities shall meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with relevant authority. If such standards or regulations are amended, the owners of local communications facilities in the municipality shall bring such facilities into compliance within six months of the effective date of such amendments. Failure to bring such facilities into compliance shall constitute grounds for removal of the facility by the municipality at the owner's expense.
(2)
All new freestanding support towers shall be designed and constructed so as to accommodate the needs of any other local communications provider who has identified a need to locate a facility within an overlapping service area.
(3)
All new freestanding support towers shall be of lattice-type construction, except that monopoles may be employed if the applicant warrants that:
(a)
The tower can and will be expanded if necessary to the maximum height permitted within the zoning district to accommodate any other local communications provider who expresses a need to collocate; or
(b)
If the tower cannot be expanded, it will be replaced, without service interruption to current users, by a tower which can accommodate the collocation needs of other communications providers.
(4)
Any accessory shed or other accessory structure shall be built solely to house equipment essential to the operation of the local communications facility and shall be designed, painted and/or screened by year-round landscaping to blend in with the surrounding environs to the extent possible, as determined by the Planning Board. The structure shall be located as close to the antenna support structure as possible and shall not exceed 10 feet in height or 100 square feet in area, unless expressly authorized by the Planning Board. Only one such structure shall be permitted per facility user, unless a need is otherwise demonstrated to the Planning Board. If feasible, additional land for the equipment needs of future co-locators shall be secured in the purchase/lease of the selected site or be available by lease agreement.
(5)
Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
(6)
Secure fencing may be required if the municipality determines that it is necessary for the safe operation of the facility.
(7)
No artificial lighting may be attached to any local communications facility except as required by the Federal Aviation Administration or other regulatory authority with jurisdiction. Lighting of equipment and any other structures on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurement at the property line shall be 0.0 footcandles when measured at grade. Lighting shall be the minimum necessary to conform to applicable requirements.
(8)
No signs will be attached to any local communications facility except as are necessary to provide operational or maintenance instructions or warnings to the general public. No sign will be attached at a level more than 10 feet above grade. The use of any portion of a facility for any form of advertising is prohibited.
(9)
The following standards shall apply to clearing and landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be limited to the minimum necessary to allow for access to and operation of the facility.
(b)
The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas or public roads shall be screened at ground level from public view to the maximum extent practical in the following manner:
[1]
One or more rows of evergreen trees, at least four feet in height when planted and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be required and spaced not more than seven feet apart around all lattice towers and any monopole over 50 feet in height.
[2]
Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade, and spaced not more than 20 feet apart, shall be planted around the evergreen trees.
[3]
Screening shall be maintained and replaced as necessary while the facility is in service.
(10)
Local communications facilities mounted on an existing structure shall be painted or shielded with material which is consistent with the design features and materials of the structure. To the extent that any local communications facility or its supporting structure extends above the height of the vegetation immediately surrounding it, it shall be painted in a light gray or light blue hue which blends with sky and clouds.
G.
Maintenance and operation requirements.
(1)
The owner of a local communications facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Such maintenance shall include, but is not limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer area and landscaping. If, upon inspection, the municipality concludes that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the facility into compliance with such standards. Failure to bring such facility into compliance within the thirty-day period shall constitute grounds for the removal of the facility at the owner's expense.
(2)
No application for installation of a local communications facility shall be approved unless the applicant has submitted evidence that a surety bond has been established which will provide for removal of the facility and restoration of the disturbed area in accordance with N.J.A.C. 7:50-6.24 within 12 months of its ceasing to operate. In any event, the municipality shall, at the expense of the owner, remove any such facility which has been out of operation for a period greater than 12 months.
(3)
All local communications facilities shall be operated in a manner consistent with the "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation," as published and amended from time to time by the Federal Communications Commission.
(4)
Local communications facilities adjacent to residential or public recreational areas shall not increase the ambient noise level nor cause any persistent level of vibration in excess of 50 db beyond the property lines of the parcel on which they are situated.
(5)
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the radiofrequency radiation from the local communications facility. Such measurements shall be made by a qualified technician and shall certify that they are within applicable limits.
H.
Application requirements.
(1)
Preapplication conference. Early consultation by applicants with municipal officials and representatives of the Pinelands Commission is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Planning Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Planning Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate prior notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Planning Board.
(2)
New local communications facilities shall require conditional use and approval and major site plan approval by the Planning Board. All persons seeking to build such a facility must submit an application to the Planning Board which contains the following information:
(a)
A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; and setbacks from property lines.
(b)
Photographs of the proposed site of the facility showing current conditions.
(c)
The setback distance from the nearest structure.
(d)
A map showing the location of all other local communications facility towers and other structures within the municipality as well as outside of the municipality within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures.
(e)
A landscaping plan showing proposed landscaping.
(f)
The location and type of proposed fencing, if applicable, and the type, location, color and power of any illumination.
(g)
An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a new tower is proposed.
(h)
An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to colocate on the proposed facility.
(i)
For facilities proposed in the Pinelands Area, a notarized statement indicating that the applicant will abide by the provisions of "Exhibit B, Collocation Opportunities for Wireless Providers in the Pinelands," contained in the Comprehensive Plan for Wireless Communications Facilities in the Pinelands approved by the Pinelands Commission on September 11, 1998.
(j)
Written confirmation from any other wireless providers who have expressed a desire to colocate on the proposed facility (either by inclusion of the site in a comprehensive plan approved by the Pinelands Commission or at any public meeting on the application) that the selected site meets their operational needs and space requirements for equipment sheds and the like.
(k)
A certificate of filing issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.
(l)
Computer simulation models, photographic juxtaposition and similar techniques are not mandated, but, if submitted in support of an application, may be used by the Planning Board in determining conformance with the visual impact standards of Subsection E(2)(e) of this section. Such materials may also aid in assessing the consistency of the application of N.J.A.C. 7:50-5.4.
(m)
In the event that collocation is found not to be feasible, a written statement of explanation shall be submitted to the Planning Board. The Planning Board may retain a technical expert in the field of radiofrequency engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to the collocation, or that a new tower has less visual impact at an alternative site. The cost for such a technical expert will be at the expense of the applicant.
(3)
The municipality permits wireless communications providers to submit a single application for approval of multiple facilities.
(4)
Federal environmental requirements.
(a)
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations for certain facilities. The environmental assessment must be submitted as part of any municipal application for such a facility.
(b)
Federal regulations also require avoidance of siting of new towers in proximity to designated wild and scenic rivers. If an applicant proposes to locate a new tower in proximity to a designated river, proof of federal review and approval of such siting must be submitted as part of any municipal application for such facility.