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:

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:

Within the Pinelands Area, the principal goods or products available for sale were produced in the Pinelands.

The sales area of the establishment does not exceed 5,000 square feet.

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.

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.

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.

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.

Any signs in connection with an agricultural commercial establishment or farm produce market shall comply with § 115-105E.

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.

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.

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.

General standards governing campgrounds. All existing and new campgrounds shall conform to the following standards:

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:

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:

Licensing.

In RA Districts, cluster developments shall:

In PV Districts, cluster development shall:

In any Pinelands Management District, residential dwellings on three-and-two-tenths-acre lots are permitted, provided that:

In any Pinelands Management District, residential dwellings on one-and-zero-tenths-acre lots are permitted, provided that:

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:

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.

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:

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.

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.

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.

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

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.

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.

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.

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.

The design, construction and operation of any such use shall comply with the applicable provisions of Articles V and VI of this chapter.

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.

It shall not occupy more than 25% of the principal residential structure nor more than 400 square feet of any accessory structure or structures.

There shall be no exterior evidence of such secondary use other than permitted signs.

It shall not involve any storage of stock or machinery outside the principal or accessory structure.

It shall not involve any external operation except those customarily accessory to residential use.

For any home occupation involving customer or client visitation, adequate off-street parking shall be provided as per § 115-101G and in accordance with other standards and requirements contained in this chapter.

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.

All lands acquired pursuant to Subsection A above, which may or may not be developable, are vacant.

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.

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).

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).

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:

Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

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.

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.

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

A detailed description of proposed activities and processes, as well as resulting products and by-products, shall be included with the site plan application.

Application material shall clearly demonstrate compliance with Pinelands performance and other standards and requirements contained in Article VIII.

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.

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

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

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

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

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

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.

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

In reviewing any application for an intensive fowl or livestock farm, the municipal agency may request from the applicant:

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.

Any enlargement or extension of any existing junkyard use shall be treated as a conditional use as if it were a new establishment.

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.

No wrecking or disassembling activity shall take place within 300 feet of any property line.

Junkyards shall not include landfills, as defined in § 115-6; landfills shall be prohibited within the Pinelands Area.

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.

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.

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.

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:

Provision of electric service. Electric service to individual properties in any district shall be provided only as follows:

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:

An application for development under the provisions of this section shall be processed as a conditional use under the provisions of this chapter.

The parcel proposed for development has an area of at least 50 acres;

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

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;

The parcel will contain no more than one campsite per two acres;

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and

No more than 1% of the parcel will be covered with impervious surfaces.

The use does not require or will not generate subsidiary or satellite development in an FA District;

The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and

The use is primarily designed to serve the needs of an FA District in which the use is to be located.

The parcel proposed for development has an area of at least five acres.

The principal raw material for the proposed use is found or produced in the Pinelands.

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.

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.

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

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.

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

The site shall have frontage on and direct access to a minor arterial or collector street.

Minimum area, yard and building requirements shall be as follows:

All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.

Health-care and support services, functions and facilities within a life-care facility or development may include the following:

Parking facilities for the residents, employees and visitors of the life-care facility shall be provided based on a total of the following:

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.

Any health-care facility shall be licensed by and/or meet all applicable standards of federal, state or county regulatory agencies.

The site shall have frontage on and direct access to a minor arterial or collector street.

Minimum area, yard and building requirements shall be as follows:

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.

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.

A minimum of 30 feet shall be provided between all buildings, when more than one ministorage building is provided.

All access and on-site driveways and aisles shall be a minimum of 25 feet in width.

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.

No hazardous, toxic or radioactive substance or material shall be stored within any building or on the site.

Off-street parking shall be provided in accordance with the requirements set forth in § 115-101 for a business office and a dwelling unit, if provided. Additional parking may be required at the discretion of the Planning Board.

The required minimum lot area shall be three acres.

Principal building and accessory building requirements and other lot bulk requirements for the particular zone within which the site is located shall apply.

The required minimum unoccupied open space shall be 35%.

No trucks shall be parked, stored or otherwise maneuvered within the front yard setback area.

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.

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.

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).

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.

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.

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.

Minimum and maximum area, yard and building requirements. All values noted in this section are minimums, unless specifically noted otherwise.

Other provisions and requirements.

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.

Bulk standards. Bulk standards shall be as follows:

Buffers and landscaping.

Other provisions and requirements.

The maximum floor area ratio shall be 0.25.

All new structures, paving and nonporous materials shall be located within 750 feet of Tuckahoe Road. The remainder of the parcel shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel.

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:

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:

License fee, posting of license, compliance with conditions.

Signs.

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.

Exception to provisions. The provisions of this chapter shall not apply to affect the following:

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:

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.

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.

New and used car sales and service establishment. (Includes new car sales and services establishments that also sell used cars).

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.

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:

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

Applicability.

General provisions and requirements.

Height limitations and locational requirements for new local communications facilities.

Design and construction requirements.

Maintenance and operation requirements.

Application requirements.

The Planning Board finds that:

Minimum lot sizes: