Expansion or alteration. No expansion, enlargement, extension, increase or alteration of a nonconforming building shall be made, unless such expansion or alteration would reduce or not affect the degree of nonconformance.

Safety. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.

Restoration.

Reversion. No nonconforming use or building shall, if once changed into a conforming use or building, be changed back again into a nonconforming use or building.

Approved construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been issued prior to the effective date of this chapter.

In the Pinelands Area see §§ 233-81 and 233-82 of this chapter.[1]

The district boundaries are the center lines of streets, alleys, waterways and rights-of-way, unless otherwise indicated. Where designation of a boundary line on the Zoning District Map coincides with the location of a street, alley, waterway or right-of-way, the center line of such street, alley, waterway or right-of-way shall be construed to be the boundary of such district.

Where the district boundaries do not coincide with the location of streets, alleys, waterways and rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundaries of such districts.

Where a district boundary does not coincide with the location of streets, alleys, waterways, rights-of-way or lot lines, the district boundary shall be determined by the use of the scale shown on the Zoning District Map.

When a lot held in one ownership on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district unless such lot is designated for commercial use along the road frontage, wherein the entire lot shall be construed to be within the commercial zoning district. This section shall not apply to the Pinelands Area of the Township.

In the Pinelands Area, when a lot in one ownership on the effective date of this chapter is split between two residential zoning districts, the entire lot shall be construed to be within the less restrictive district. This subsection shall not apply to any lots located within that area of the Rural Development District designated as the R5C District.

In the Pinelands Area, when a lot in one ownership on the effective date of this chapter is split between a commercial zoning district and any residential zoning district other than the R5 District, the entire lot shall be construed to be within the commercial zoning district.

In the Pinelands Area, when a lot in one ownership on the effective date of this chapter is split between a commercial zoning district and the R5 District, the entire lot shall be construed to be within the commercial zoning district, provided at least 50% of the lot is located in the commercial zoning district. If less than 50% of the lot is located in the commercial zoning district, the location of the zoning boundary shall be determined by the use of the scale appearing on the Zoning Map.

Where a permitted nonresidential development in a nonresidential zoning district owns contiguous land in a residential zoning district, the nonresidential development shall be permitted to locate stormwater management facilities in the residential zoning district. The location of the stormwater management facilities shall be set back a minimum of 30 feet from any abutting residential property line and a combination of fencing and landscaping shall be provided around the basin as deemed appropriate by the reviewing Board. This subsection shall not apply to the Pinelands Areas of the Township.

Where a permitted nonresidential development in the HC-1 or HC-2 Zoning District owns contiguous land in a rural zoning district (excluding the R5-C District), the nonresidential development shall be permitted to locate stormwater management facilities in the rural zoning district. The location of the stormwater management facilities shall be set back a minimum of 30 feet from any abutting residential property line and a combination of fencing and landscaping shall be provided around the basin as deemed appropriate by the reviewing Board.

Any parcel of land outside the Pinelands Area with an area or width less than that prescribed for a lot in the district in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district, provided that all other regulations prescribed for the district by this chapter are complied with, and further provided that no lot of less than 7,500 square feet in area or less than 50 feet of frontage shall be so used.

See § 233-81 for undersized lots in the Pinelands Area.

The front yard setback standards are shown on Tables 1 and 2 at the end of this chapter.

In the turnaround of a cul-de-sac, the building setback shall be the line or arc by which the lot width is a minimum of 70 feet. In no case shall the building setback exceed 50 feet.

In the case of a corner lot in a residential district or for a residential use, the front yard setback for a secondary front yard may be decreased a distance of 25% of the required front yard setback with the following exceptions:

In addition to the above requirements, in the Pinelands Area the scenic requirements of § 233-83G apply.

The side and rear yard setback standards are shown on Tables 1 and 2 at the end of this chapter.

Any buffer requirements shall be in addition to required side and rear yards.

In the turnaround of a cul-de-sac or in curvilinear streets, lot width may be measured at any distance between 10 and 75 feet from the right-of-way.

Lots in existence prior to the adoption of this chapter shall have a minimum lot width of no less than 70 feet.

The maximum permitted height for all structures in any district shall be 35 feet, including radio and television transmission and other communication facilities that are not accessory to an otherwise permitted use.

The height limitation in Subsection E(1) above shall not apply to antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The provisions of Subsection E(1) above shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height not more than five feet.

With the exception of the PA, FA, RD, AG, RC, VR and VC District and that portion of the HC-2 District located in the Pinelands Village of Pomona, public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the height limitations of Subsection E(1) above, provided that such uses shall increase the front, rear and each side yard one foot for each foot by which such building exceeds the height limit herein established for such district in which it is located, and further provided that in no case shall any building have a height greater than 50 feet.

Nonresidential development located in commercial and industrial zoning districts shall be permitted a maximum height of 150 feet, provided that the Galloway Township Fire Chief finds that the building and site design provide safe and adequate access for fire-fighting equipment. This shall apply specifically in the Pinelands Areas, including TI, HC-1, I, IRD, PO, GI and in that portion of the HC-2 District located outside the Pinelands Village of Pomona; and in Non-Pinelands Areas, including CC, LID, CH, PO and CVC Districts. This provision shall not apply to overlay zone development.

In the Pinelands Area, the height limitation in Subsection E(1) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

An accessway to the street is provided, being at least 25 feet in width.

Only one lot of insufficient width is permitted, and such lots shall have at least three times the minimum lot area, twice the yard setbacks and a fifty-foot front yard measured from the rear yard of the lot on the street.

All lots other than the flag lot shall have a minimum lot width of 100 feet.

An open and clear driveway or access lane for a minimum of 12 feet horizontal and 12 feet vertical clearance to within 25 feet of any principal building.

Said access shall be maintained clear of any obstructions or vegetative growth.

During and after construction of structures there must be maintained a Fire Department access road constructed of an approved surface material capable of providing emergency access at all times, with a minimum of 18 feet of unobstructed driveway access from said structure to the main roadway and a minimum vertical clearance of 13 1/2 feet. The Fire Official may require and designate public or private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus.

Side yard: five feet.

Rear yard: 15 feet.

Age-restricted parcels: rear yard setback of 10 feet on lots which abut open space or common easements for a three-season patio room as defined herein.

Rear yard setback: three feet.

Side yard setback: six feet.

A minimum building separation of 17 feet shall be maintained regardless of the permitted rear or side yard setback.

Any existing developed residential lot located on Robin Lane, Harvard Terrace, Rutgers Court and Lisa Drive in the R5 Zoning District may be expanded as an existing single-family dwelling unit by way of an addition or permitted accessory structure without a hearing before the Zoning Board of Adjustment if the expansion conforms with the following requirements:

The applicant has submitted a letter from a licensed physician specifying that the handicap/wheelchair ramp is necessary to accommodate a resident of the property.

The handicap/wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible. In no case shall the ramp be closer than two feet from a property line unless in the opinion of the Zoning Officer there is no other feasible alternative to the location of the ramp.

The handicap/wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way.

The encroachment into the required setback shall be removed when the individual requiring the handicap/wheelchair ramp no longer resides on the property or the ramp is no longer required.

The handicap/wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).[3]

Is subordinate to and serves a principal use.

Is subordinate in area, extent and purpose to the principal structure or principal use served.

Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served.

Is located on the same lot as the principal structure or principal use served.

No sign, except as expressly authorized by this section or by § 233-10, shall be maintained in connection with an accessory use.

No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the principal structure to which it is accessory. Agricultural uses are exempt from this provision.

Private residential detached garages and parking lots and parking areas, together with related circulation elements.

Private customer and employee garages and parking lots and parking areas, together with related circulation elements.

Storage sheds or buildings.

Swimming pools, aboveground and in-ground. The setback is measured from the edge of the water area of the pool.

Pool house and cabana, incidental to a pool.

Tennis/basketball courts accessory to a residential building and limited to use by the occupants thereof and their guests.

Children's play equipment and playhouses.

Farm structures, including barns, pole barns, stables, chicken coops and dog runs. Any structure to be used for the purpose of housing animals must be located in the rear yard and be a minimum of 30 feet from property lines.

Greenhouses, gazebos and conservatories.

Trash enclosures/dumpsters.

Fences and walls. Fences and walls are exempt setback requirements for accessory uses. The following standards shall apply:

Small wind energy systems and solar energy systems in accordance with the standards in Subsection H below.

Home professional office in accordance with the standards in Subsection I, below.

In all residential districts all accessory structures must maintain a fifteen-foot rear and side yard setback, and no accessory structure shall be located in the front yard. In planned unit developments (PUD's), storage sheds may be located five feet from the property line for interior lots and 15 feet from a property line when the property line is coexistence with a street line for corner lots. In all districts, storage sheds less than 100 square feet in size may be located a distance of five feet from the property line for interior lots and 15 feet from a property line when the property line is coexistent with a street line for corner lots.

In commercial districts all accessory structures and uses except in interior circulation and parking lots must meet the same setbacks required for principal structures, unless otherwise specified. For parking lots and interior circulation lanes, a front yard setback of at least 25 feet must be maintained. This area must be landscaped to the satisfaction of the Township Planner.

Undersized lots. In the NR and RC Districts, where an existing single-family dwelling unit is located on an undersized lot of less than one acre and greater than 7,500 square feet, the setbacks for accessory structures may be reduced as follows:

In the R and R-1 Zoning Districts, accessory structures must maintain a five-foot setback from the rear and side yard property lines for interior lots and 12 feet from a property line when the property line is coexistence with a street line for corner lots. Pools must be 10 feet from property lines for interior lots and 12 feet from a property line when the property line is coexistence with a street line for corner lots. Storage sheds less than 100 square feet in size may be located a distance of three feet from the property line for interior lots and 12 feet from the property line when a property line is coexistent with a street line for corner lots. No accessory structure may be located in the front yard.

In the VR and TR Zoning Districts:

In all other residential and agricultural districts, accessory structures must maintain a fifteen-foot rear and side yard setback from the property lines for interior lots and 30 feet from a property line when the property line is coexistent with a street line for corner lots. No accessory structure may be located in the front yard, with the exception of gazebos, which may be located in the front yard where the required front yard setback is 200 feet.

In all commercial districts accessory structures and uses, except interior circulation and parking lots, must meet the same setbacks required for principal structures, unless otherwise specified. For parking lots and interior circulation lanes, a front yard setback of at least 25 feet must be maintained. This area must be landscaped to the satisfaction of the Township Planner.

The primary purpose of a wind or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this subsection, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.

Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Construction Office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this subsection. In the event that the Zoning Officer or Construction Office does not believe the provisions of this subsection will be satisfied, an applicant may request a variance.

All applications for wind energy systems shall be presented to the Development Review Committee for administrative approval.

Small wind energy systems.

Solar energy systems.

Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

All applications for a wind or solar energy system shall conform to the provisions of § 233-52 with respect to tree removal. For the purposes of this section, tree removal shall be permitted as exempted under § 233-52E(3) and (4). Any trees to be removed in excess of that permitted under the exemptions of the tree removal and protection ordinance shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of § 233-52G of this chapter. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.

The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs.

The installation of a wind or solar energy system is subject to all Atlantic City Electric Company requirements for interconnection.

The provisions of § 233-7E shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.

Abandonment.

A zoning permit is required for the initial establishment of the home professional office in accordance with § 233-8C above.

No more than one home professional office shall be permitted per residential dwelling unit.

No more than 10% of the dwelling unit and accessory structures or 500 square feet, whichever is less, may be devoted to the home professional office.

The home professional office must be carried out indoors without any outdoor storage.

The residential appearance of the structure shall not be altered as a result of the home professional office.

Noise, glare, fumes, odors, or electrical interferences are prohibited.

Not more than one client is permitted on the premises at any one time. Clients are permitted to visit the residential unit for those professions that include professional services. A home professional office shall not include retail sales.

Deliveries and pickups by tractor-trailers are prohibited. All deliveries shall occur by standard residential UPS, FedEx or other similar service.

The home professional office shall not have employees working at the dwelling unit, with the exception of members of the family living in the dwelling unit.

No commercial vehicles shall be stored on site, with the exception of the vehicle utilized by the resident of the dwelling unit. The storage and/or parking of commercial vehicles with more than two axels is prohibited.

Automotive or vehicular repair of any kind is specifically prohibited, including maintaining of vehicles associated with the home occupation.

As part of a licensed trailer park.

A trailer used for dwelling purposes by the owner of the trailer for a temporary dwelling while undertaking the building of a home on a plot of land owned by said trailer owner; provided, however, that the owner secures a building permit and completes the building of such permanent home within 12 months from the day during which the trailer was installed on such premises; and further provided that the owner complies with all health and safety laws as provided under the state laws of the State of New Jersey and/or laws of the Township of Galloway; and further provided that, after such permanent home shall have been completed in accordance with all plans and specifications as filed with the Township, the person or persons using such trailer for temporary dwelling purposes shall immediately cease to so use the trailer. A temporary certificate shall be issued with the building permit by the Code Enforcement Officer for a duration of 12 months.

For purposes of repairing or storing a trailer, in which case, if the said trailer is to be parked on any street or any premises within the Township of Galloway, for any period exceeding 48 hours, other than in a licensed location, the owner of such trailer shall obtain a permit therefor from the Township of Galloway; provided, however, that travel trailers may be stored but not occupied on the property of the trailer owner without requiring a permit. Such permit shall be granted upon request, without fee, and shall be valid for a period of time as the Township shall deem feasible.

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

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

No outdoor, off-site commercial advertising sign shall be permitted in the Pinelands Area, except that:

Any existing sign which does not conform to Subsections B(1) and (2) above shall be removed immediately. Any existing sign which does not conform to Subsection B(3) above shall be removed no later than December 5, 1996.

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

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

On-site identification signs for schools, churches, hospitals or similar public service institutions; and parks and playgrounds, public golf courses, farms, nurseries and public utility structures, provided that:

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

On-site home occupation or name signs indicating the activity and/or name of the occupant of the dwelling, provided that the size of any such sign shall not exceed two square feet and no more than one sign is permitted for any individual parcel of land.

On-site signs advertising the sale, lease or rental of the property on which such signs are located, provided that:

Temporary signs of contractors, builders, mechanics and artisans, provided that:

Temporary real estate signs pertaining to the sale of homes and home sites within a development and to sponsors and/or supporting agencies for publicly funded projects, provided that:

Identification signs for permitted professional offices, provided that:

Project identification signs for residential developments, provided that:

Business identification signs, provided that:

Shopping center or industrial park identification signs, provided that:

Directional signs (entrance), provided that:

Directional signs (exit), provided that:

Traffic control signs for interior roadways, provided that such signs shall not exceed four square feet in area and six feet in height.

Parking lot signs, provided that:

Directional signs advertising public facilities and tourist facilities and attractions, provided that:

Pennants, banners, spinners, valances or the like shall be permitted for a thirty-day period, provided that the same are constructed, hung and/or exhibited in a secure and otherwise safe and workmanlike manner in accordance with rules and regulations to be established by the Code Enforcement Officer. This category of signs is prohibited in the Pinelands Areas.

Animated signs, signs that revolve, swing or have movable parts or have or appear to have flashing or intermittent light or reflectors are prohibited except in accordance with Subsection I below for EMC signs.

No new off-site commercial advertising sign shall be constructed at any location unless conditional use approval has first been obtained, and then only in accordance with the conditional use standards and limitations of this subsection.

Off-site commercial advertising signs shall only be acceptable along US Route 30, east of the Garden State Parkway on land zoned for commercial use. There shall be no other commercial improvements located on the property.

No new off-site commercial advertising sign shall be located within 1,000 feet of any lot that is used or may be used for residential purposes.

No new off-site commercial advertising sign shall be located within 1,000 feet of any lot line of a designated landmark or landmark site, school, church, park, library or similar institution, or within 300 feet of wetlands.

No new off-site commercial advertising sign shall be located within 1,000 feet of any other off-site commercial advertising sign structure.

The maximum area of an off-site commercial advertising sign shall be 700 square feet per sign face. The maximum height shall be 20 feet above grade.

An off-site commercial advertising sign shall comply with the Roadside Sign Control and Outdoor Advertising regulations administered by New Jersey Department of Transportation.

Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed 32 square feet.

Temporary on- or off-site signs advertising civic, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.

Political or civic signs shall not be erected more than 45 days prior to an event and shall be removed within 10 days following an event.

Temporary signs identifying seasonal sales of products or goods may be installed on private property, provided the owner has authorized the installation and the size of the sign does not exceed 10 square feet.

Seasonal signs shall not be erected more than 45 days prior to an event and shall be removed within 10 days following an event.

No sign shall project over any sidewalk, nor shall any sign extend beyond any property line.

No sign shall be erected in such a manner as to obstruct free and clear vision on any street, nor to interfere with, obstruct the view of or be confused with any traffic sign, signal or device.

No sign shall be affixed by tacking, pasting or otherwise mounting upon utility poles, light standards, trees or any part of official traffic signs or other signs required by law, except for political signs or posters publicizing events sponsored by nonprofit organizations, provided that they are removed following the event or election in question within the specified time period.

The EMC message shall be restricted to a minimum fixed message time of eight seconds.

Changes from one message to another shall be accomplished by the change of all illumination elements on the face of the sign simultaneously, with the provision that the sign may fade to complete darkness and then reilluminate with or fade to the new message.

No representation of images other than letters or numbers shall be permitted.

All EMC signs shall have automatic dimming controls, via photo cell or software settings, that adjust the light emitted by the sign during ambient low-light conditions and night so that it is compliant with the sign illumination standards allowed herein. White backgrounds shall not be utilized between dusk and dawn.

All illuminated signs must comply with a maximum luminance level of 750 cd/m² or nits at least 1/2 hour before apparent sunset as determined by the National Oceanic and Atmospheric Administration (NOAA), United States Department of Commerce, for the City's geographic location and date. All illuminated signs may resume luminance levels appropriate for daylight conditions at the apparent sunrise, as determined by the NOAA.

Prior to the issuance of a permit for a changeable-copy or EMC sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above.

The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, blinking, twinkling, spinning, rotating, and similar moving effects.

All power to an EMC sign shall be supplied via underground carrier, inside approved conduit and shall be installed in accordance with the National Electric Code.

EMC signs shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign. When malfunctioning, all EMC signs must then be turned off or display a blank screen.

Where residential uses are located within 200 feet of the property, the sign shall be dimmed and remain steady from 11:00 p.m. through 6:00 a.m.

Dwellings: two spaces for each dwelling unit.

Schools: two spaces for each staff member.

Churches, meeting rooms and public auditoriums: one space for each four public seats or equivalent accommodation.

Other public buildings: one space for each 400 square feet of gross floor area.

Public recreation areas and golf courses: two spaces for each one acre devoted to such use.

Roadside stands: one space for each 200 square feet of gross floor area, but in no case less than five spaces.

Professional offices: one space for each 200 square feet of gross floor area devoted to such office use.

Retail business and services use: one space for each 200 square feet of gross floor area.

Restaurants: one space for each four public seats, plus one space for each two employees.

Motels and hotels: one space for each room available for overnight accommodation. Additional facilities such as restaurant or auditorium shall require additional spaces as per this section.

Industrial plants: one space for each 200 square feet of floor area other than warehouse or storage space.

The following uses are permitted: agriculture, lumbering, fishing, swimming, boating, hunting, picnicking, hiking trails, bicycle paths, wildlife observation and environmental study posts and any activity promoting the conservation of soil, vegetation, water, marine and terrestrial species.

Any soil conservation practices in the stream corridors and freshwater wetlands shall be supervised by the Cape-Atlantic Soil Conservation District and shall conform to the Cape-Atlantic Soil Conservation District specifications for the prevention of erosion and sedimentation control.

Any commercial lumbering which occurs in the stream corridors and freshwater wetlands shall conform to sound management principles of the New Jersey Department of Environmental Protection, Bureau of Parks and Forests, and shall be supervised by the area forester. In the Pinelands Area the standards of § 233-83D shall apply.

Application of fertilizer, pesticides. herbicides or fungicides shall conform to the Commercial Crop Production Recommendations for New Jersey as published yearly by Rutgers, the State University or as recommended by the Atlantic County Agricultural Agent. In the Pinelands Area the standards of § 233-83E shall apply.

No building or structure shall be erected, placed or enlarged, either above or below ground level, including septic systems and cesspools, nor shall any material or equipment be stored, nor shall any fill be placed, nor shall any vegetation be removed except as hereinafter provided, nor shall the elevation of any lands be changed in the stream corridors or freshwater wetlands of this Township without an encroachment permit.

Application for an encroachment permit shall be submitted to the Planning Board. The Environmental Commission shall review the application and notify the Planning Board of its recommendations. The Planning Board shall grant or deny a permit within 30 days of receipt, failing in which the Code Enforcement Officer may grant or deny a permit without further delay. The permit application must contain, at minimum, the following information: location of the proposed encroachment; description of the proposed encroachment, including a plot plan; a purpose of proposed encroachment; and the appropriate fee. Applications will duplicate the New Jersey State permit application if one is required.

One freestanding sign and one wall sign per tenant is permitted.

The maximum sign area for a freestanding sign shall not exceed 40 square feet. No freestanding sign shall exceed eight feet in height. All freestanding signs shall be located outside any required sight triangle and shall be set back a minimum of 14 feet from the front property line.

The maximum area for a single wall sign shall not exceed 24 square feet.

Wall signs shall be proportional to the architectural features of the building. All wall signs shall be designed to complement the architectural features, and a unified color scheme shall be used for all tenants. Wall signs shall not be placed on the roof.

Signs shall not be internally lit, and neon material shall not be permitted. All signs shall be consistent with the building design, and a unified color scheme shall be used.

All signs should be located within landscaped islands to further enhance the residential character of the area.

All other provisions of § 233-10 that are not inconsistent with the above shall be applicable.

One freestanding sign and one wall sign per tenant is permitted.

The maximum sign area for a freestanding sign shall not exceed 40 square feet. No freestanding sign shall exceed eight feet in height. All freestanding signs shall be located outside any required sight triangle and shall be set back a minimum of 14 feet from the front property line.

The maximum area for a single wall sign shall not exceed 24 square feet.

Wall signs shall be proportional to the architectural features of the building. All wall signs shall be designed to complement the architectural features, and a unified color scheme shall be used for all tenants. Wall signs shall not be placed on the roof.

Signs shall not be internally lit, and neon material shall not be permitted. All signs shall be consistent with the building design, and a unified color scheme shall be used.

All signs should be located within landscaped islands to further enhance the residential character of the area.

All other provisions of § 233-10 that are not inconsistent with the above shall be applicable.

The existing dwelling shall be owner-occupied and in existence prior to this Code amendment.

Any accessory unit shall not exceed 700 square feet or 25% of the total housing unit area and shall be located on the first floor.

The number of accessory units under this provision shall not exceed a total of 30 units throughout the Township in accordance with the Township's Fair Share Plan.

Minimum lot area of 35,000 square feet.

Minimum lot width of 150 feet.

Minimum front yard setback of 40 feet.

Minimum side yard setback of 30 feet.

Minimum rear yard setback of 25 feet.

Maximum building coverage of 30%.

Maximum impervious coverage of 50%.

One freestanding sign and one wall sign per tenant is permitted.

The maximum sign area for a freestanding sign shall not exceed 40 square feet. No freestanding sign shall exceed eight feet in height. All freestanding signs shall be located outside any required sight triangle and shall be set back a minimum of 14 feet from the front property line.

The maximum area for a single wall sign shall not exceed 24 square feet.

Wall signs shall be proportional to the architectural features of the building. All wall signs shall be designed to complement the architectural features, and a unified color scheme shall be used for all tenants. Wall signs shall not be placed on the roof.

Signs shall not be internally lit, and neon material shall not be permitted. All signs shall be consistent with the building design, and a unified color scheme shall be used.

All signs should be located within landscaped islands to further enhance the residential character of the area.

All other provisions of § 233-10 that are not inconsistent with the above shall be applicable.

Wireless telecommunications towers and antennas.

Cell towers may be permitted as a conditional use in a residential zone if the cell tower that is the subject of the application is an existing cell tower (collocation applicant) or if the applicant is proposing to locate the cell tower at one of the preferred locations designated in Subsection D(2)(a) through and including D(2)(d). The exercise of any approval granted under this section shall be consistent with the overall zoning and planning objectives of the Galloway Township Zoning Regulations, the Municipal Land Use Law (MLUL)[1] and the Galloway Master Plan in effect at the time the original application is filed with the Planning or Zoning Board.

Nonconforming wireless telecommunications towers may continue in use for the purpose now used, but may not be expanded (i.e., by increasing size or height or by adding additional users) without complying with this section.

Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. However, should the destruction or damage be determined by the Galloway Township Zoning Board to be of such an extent that it is beyond the scope and intent of the "partial destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration will require compliance with this section.

The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade (but not expand such telecommunications tower or increase its height or reduce the setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.

All local communications facilities subject to the provisions herein located within the Pinelands Area must meet the standards of the 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(c)6.

Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Galloway Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with Subsection A(1) and (2) above, shall be located in accordance with the following locations:

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 such existing, suitable facility within the service area that could be utilized. Citation in a certified plan by the Pinelands Commission shall be evidence of the general need in the areas but not as to a specific site.

No application for construction of a new local communications facility tower in the Pinelands Area shall be considered unless the comprehensive plan governing such facilities has been approved by the Pinelands Commission.

Within the Pinelands Area, 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. The applicant will initially determine and demonstrate a technically feasible search area within this radius.

If the search area crosses the boundaries of the Pinelands Area or its management areas, the applicant shall seek to site the facility in accordance with the Pinelands Commission's hierarchical policy for the specific siting of local communications facilities. This policy requires the following order of preferences:

Within the Pineland Preservation District and any residential zone (or mixed residential zone, unless otherwise specified), new local communications facility towers which have been authorized through the Pinelands Commission's approval of a comprehensive plan shall only be sited in one of the following areas:

Local communications facilities shall be located in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii-v to the extent feasible and consistent with other provisions contained herein. These standards require that:

Additionally, if multiple sites for new towers that meet all other qualifications are available, the site with the least visual impact should be selected; if only a single qualifying site is available, the best location on the site that meets all other standards must be used.

Design and construction.

Prior to any collocation on any cell tower, the applicant shall first provide the Township with the right of first refusal for the installation of equipment necessary to the functioning of the Township's telecommunications network.

Each applicant for a new telecommunications tower shall present documentary evidence regarding the need for wireless antennas within the Galloway Township. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Township.

An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocations sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing building or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer shall be paid from escrow funds supplied by the applicant.

Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the Galloway Township and surrounding areas with coverage in the Township, as well as any changes proposed within the following twelve-month period, including plans for new locations or the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, as amended, (hereinafter "FTA") cannot be provided without the proposed tower.

How the proposed location of the telecommunications tower relates to the objective of providing full wireless communications services within the Galloway Township area.

How the proposed location of the proposed telecommunications tower relates to the location of any existing antennas within and near the Galloway Township area.

How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Galloway Township area by the applicant and by other providers of wireless communications services within the Galloway Township area.

How the proposed location of the proposed telecommunications tower relates to the objective of collocating the antennas of many different providers of wireless communications services on the same wireless telecommunications tower.

How its plans specifically relate to, and are coordinated with, the needs of all other providers of wireless communications service within the Galloway Township area.

Towers shall meet the setbacks of the underlying zoning district or 100% of the height of the tower including all antennas and attachments, whichever is greater, and the tower does not encroach upon any easements unless the applicant can demonstrate that a tower failure will have a lesser impact on the surrounding area.

A fall zone shall be established such that the tower is set back 100% of the height of the tower, including all antennas and attachments, from any adjoining lot line, right-of-way line, areas used for public access or nonappurtenant access or building, unless the applicant can demonstrate that a tower failure will have a lesser impact on the surrounding area.

Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Street Plan of the Township by a minimum distance equal to 1.5 of the height of the tower, including all antennas and attachments.

Towers shall not be located between a principal structure and a public street, with the following exceptions:

Towers must be set back a distance equal to 1.5 times the height of the tower from any off-site residential structure.

For antennas attached to the roof or a supporting structure on a rooftop, a one-to-one setback ratio (example: ten-foot high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

A tower's setback may be reduced, or its location in relation to the public street varied, at the discretion of the Board, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light standard, tower line support device or similar structure.

Abandonment. Any telecommunications tower and equipment which are not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its costs. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna as set forth below.

Removal. When an owner of a telecommunications tower and antenna, who has been notified to remove same, fails to do so within 60 days of receipt of notice from the Township notifying the owner and/or operator of such abandonment and the need to remove same, then the Township may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of tower removal and site restoration. The amount of the bond shall have taken into consideration any cost escalation that may be reasonably anticipated.

Accessory structures used in direct support of a telecommunications tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

Telecommunications towers may be located on sites containing another principal use in the same buildable area.

A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.

Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in their current adopted standards and revisions.

Indicates the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas.

Description of the tower's capacity, including the number and type of antennas that it can accommodate.

Statement detailing current FCC information concerning wireless telecommunications towers and radio frequency admission standards as well as information on the projected power density of the proposed facility and how it meets the FCC standards.

A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation.

Landscaping shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. 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.

The following standards shall apply to clearing and landscaping for construction of new local communications facilities:

Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.

No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission, and telecommunications towers that meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the RF emissions from the local communications facility. Such measurements shall be made by a qualified technician, which shall certify that the measurements are within applicable limits.

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 appropriate 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 board will meet with the applicant at the next regularly scheduled meeting of the board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and 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 board.

Site plan approval by the appropriate board shall be required before any new local communications facility may be erected. The following information shall be submitted to the appropriate board for its review:

All public and private outdoor lighting installed in the Township of Galloway shall be in conformance with the requirements established by this section. All previous language in Galloway Township bylaws and ordinances regarding outdoor lighting is replaced with this section.

Control of glare; luminaire design factors (except in the Highway Commercial Zoning Districts).

Exceptions to control of glare.

Outdoor advertising signs.

Recreational facilities. Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts or show areas, provided all of the following conditions are met:

Prohibitions.

Temporary outdoor lighting.

This section shall take effect immediately upon approval by the Council of the Township of Galloway at a regularly scheduled meeting and shall supersede and replace all previous ordinances pertaining to outdoor lighting.

All luminaires lawfully in place prior to the date of the section shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this section.

Grandfathered luminaires that direct light toward streets or parking lots that cause disability glare to motorists or cyclists should be either shielded or redirected within 90 days of notification so that the luminaires do not cause a potential hazard to motorists or cyclists.

Any applicant seeking any approvals from the Planning Board or Zoning Board of Adjustment or seeking a zoning or construction permit shall be required to replace or otherwise modify any nonconforming luminaries on the parcel of land to meet the requirements of this section.

Submission contents. The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this section. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit:

Additional submission. The above required plans, descriptions and data shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this section will be secured. If such plans, descriptions and data cannot enable this ready determination by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so, provided that these tests shall have been performed and certified by a recognized testing laboratory.

Subdivision plat certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the Township of Galloway outdoor lighting section will be adhered to.

Lamp or fixture substitution. Should any outdoor light fixture, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the Building Official for his approval, together with adequate information to assure compliance with this section, which must be received prior to substitution.

Streetlights. Streetlights shall be provided at all road intersections, street curves and culs-de-sac as deemed necessary by the approving authority for the protection of health, safety and welfare. The developer shall be responsible for the provision of streetlighting in accordance with § 233-48.

Lighting for nonresidential uses. Outdoor lighting shall be provided on the building and in parking areas for security and safety purposes. A minimum illuminance of 1.5 footcandles shall be provided at intersections and 1.0 footcandles shall be provided for the entire parking area. Average illuminance shall not exceed 2.5 footcandles. Where a project site abuts a residential use or zoning district, the reviewing Board may waive the minimum parking area illuminance requirement to a minimum of 0.5 footcandles for the entire parking area. The amount of illumination projected onto a residential use from a nonresidential site shall not exceed 0.1 footcandles measured at the common property line.

The Township of Galloway building permit shall include a statement asking whether the planned project will include any outdoor lighting.

Within 30 days of the enactment of this section, the Building Department shall send a copy of the outdoor lighting section, with cover letter, to all local electricians and local electric utility, including at least those in the Towns of Absecon, Egg Harbor Township, Hamilton Township, Egg Harbor City, Port Republic and Mullica Township.

Violation. It shall be a civil infraction for any person to violate any of the provisions of this section. Each and every day during which the violation continues shall constitute a separate offense.

Violations and legal actions. If, after investigation, the Code Enforcement Officer finds that any provision of the section is being violated, he shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the thirty-day period, the Code Enforcement Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this section and to collect the penalties for such violations.

Penalties. A violation of this section, or any provision thereof, shall be punishable by a civil penalty of not less than $50 nor more than $1,000 for any individual (and not more than $10,000 for any corporation, association or other legal entity) for each violation. The imposition of a fine under this section shall not be suspended. Each day of violation after the expiration of the thirty-day period provided in Subsection G(2) shall constitute a separate offense for the purpose of calculating the civil penalty.

Repealer. Sections 233-42B and 233-56E of the Galloway Township Land Management Code are hereby repealed. All other ordinances and parts of ordinances of Galloway Township heretofore adopted that are inconsistent with any of the terms and provisions of this section, including by description but not limitation, are hereby repealed to the extent of inconsistency.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this section, or other ordinance enacted together with this section shall be judged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of same and, to this end, the provisions of each section, subsection, paragraph, subdivision or clause of this section, and the ordinances reenacted together with this section, are hereby declared to be severable.

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their places of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Galloway's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

An application pursuant to Subsection C(5) above shall be deemed complete if:

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged but shall not be required in development projects.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation.

EVSE parking.

Safety.

Signs.

Usage fees.