Parking.

Buffer separation: 300 feet.

Use category: see § 203-183.

Multifamily privacy areas shall be as follows:

Minimum buffer requirements.

Subject to site plan approval, the special buffer in the rear or side yard areas may permit:

Minimum buffer areas shall be considered part of the special buffer.

All parking areas must comply with parking design criteria.

Local street: A minimum of 100 feet in width or 50 feet in width for planned unit development shall be planted with a minimum of four shade trees, 15 evergreen trees and 30 shrubs per 100 linear feet of buffer/road right-of-way.

Collector street: A minimum of 150 feet in width or 50 feet in width for planned unit development shall be planted with a minimum of six shade trees, 18 evergreen trees and 40 shrubs per 100 linear feet of buffer/road right-of-way.

Arterial: A minimum of 200 feet in width or 150 feet in width for planned unit development shall be planted with a minimum of eight shade trees, 20 evergreen trees and 48 shrubs per 100 linear feet of buffer/road right-of-way. (Buffer width may be reduced for planned unit development to 100 feet if the buffer area is comprised of natural pine overstory.)

NOTE: Two ornamental or evergreen trees may be substituted per shade tree, provided that substitutions do not exceed 25% of the required amount of shade trees.

The compatibility of potential land uses with the noise impact zones listed above is shown on Table A8-2.[3] Those uses which are designated as normally unacceptable may be developed, provided that the applicant installs noise-alleviation devices which will reduce interior noise to acceptable levels.

Prior to the issuance of preliminary or final approval of development in the CLUZ Area, the method of noise reduction shall be reviewed by the Township Engineer, Planner and Construction Code Official to ensure conformance with local regulations and the intent of this section.

Pinelands development credits are hereby established in the Agricultural District at the following ratios:

The allocations established in Subsection B(1) above shall be reduced as follows:

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B(1) above.

Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Agricultural District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.

The provisions of Subsection B(4) above shall also apply to owners of record of less than 0.10 acres of land in the Agricultural District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B(1) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.

No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection F(2) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission. Notwithstanding the above, an owner of property from which the Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the property is located.

No Pinelands development credit may be used until the township is presented with a certification by the Commission that the credit has not been utilized in any other municipality in the Pinelands.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. Prior to the Board granting final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for the use of Pinelands development credits in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 203-9D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the Board memorializing the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

In the event that preliminary approval is obtained for development involving the use of Pinelands development credits, such approval shall be expressly conditioned upon demonstration of title to the credits at the time of final approval.

All development involving the use of Pinelands development credits shall be phased so that the credits are utilized at every stage of development on a pro rata basis with those units permitted as a matter of right.

In no case shall a building or construction permit be issued for any development involving the use of PDC's until the developer has provided the Pinelands Commission and the township with evidence of his ownership of the requisite PDC's and those PDC's have been redeemed with the township.

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses in the Agricultural District: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses.

Pinelands development credits shall be used in the following manner:

Normal and customary forestry practices in residentially improved parcels of land that are five acres or less in size.

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.

Forest stand improvement designed to selectively thin trees (exclusive of those with a caliper of at least six inches) and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

Prescribed burning and the clearing and maintaining fire breaks.

For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

For all other forestry applications:

All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

The following actions shall be required to encourage the establishment, restoration or regeneration of Gloucester white cedar in cedar and hardwood swamps:

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 203-198R and T. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I, Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 203-209B;

A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Gloucester white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;

Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

The following standards shall apply to silvicultural practices for harvesting:

The following standards shall apply to silvicultural practices for forest regeneration:

Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee as established from time to time by the Township in an amount to cover the projected cost to the Township to administer the permit.

Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

Within 45 days of determining an application to be complete pursuant to E(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection D above or disapprove any application which does not meet the requirements of Subsection D above. Any such notice of disapproval shall specifically set forth the deficiencies of the application. A copy of the Zoning Officer's determination shall be forwarded to the Planning Board for informal review by the Board.

Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Section D above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.

Failure of the Zoning Officer to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 203-9D through G of Article I.

Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

Site size. There shall be a minimum site size of five acres.

Site width. The minimum width of the site shall not be less than 300 feet.

See § 203-60 for on-site parking requirements.

Distance between buildings within the complex. The distance between the side wall of one principal building and the front, rear or side walls of any adjoining principal or accessory building shall not be less than 35 feet.

Outdoor sitting areas. Outdoor sitting areas for patients shall be provided which are well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Such sitting areas shall be provided with paved areas of adequate size to provide space for small groups of wheelchairs and garden furniture.

All lighting shall conform to the requirements as set forth within § 203-167B.

All other applicable regulations set forth in the commercial district shall apply.

Minimum lot size. A place of worship shall have a minimum lot size of one acre, with a minimum lot frontage of 150 feet.

Distance of building from property line other than street lines. No building or part thereof shall be erected nearer than a distance of 50 feet to any property line.

Building coverage as a percentage of lot area. All accessory buildings shall be located on the same lot as the principal buildings, and the sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area.

See § 203-60 for on-site parking requirements.

The use does not require or will not generate subsidiary or satellite development.

The applicant has demonstrated that adequate public services are available.

The use is primarily designed to serve the needs of the agricultural or forest area in which the use is to be located.

The use does not require or will not generate subsidiary or satellite development.

The applicant has demonstrated that adequate public services are available.

The use is primarily designed to serve the needs of the agricultural or forest area in which the use is to be located.

All public, paved roads in the Rural Development and Forest Areas shall be considered scenic corridors except for those roads which provide for internal circulation within residentially developed areas.

Those rivers designated in Subsection D shall be considered as special scenic corridors in any part of the Pinelands.

If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetland or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped so as to provide screening from the corridor.

If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped so as to provide screening between the building and the corridor.

The requirements of Subsection B above shall not apply to residential cluster developments which comply with the standards of § 203-196.1.

For every caliper inch of tree removed that can be field measured, estimated from direct field observation or, if direct field observation or measurement is not possible, extrapolated from digital site photograph(s), the applicant/developer shall pay $100 per inch of tree caliper removed.

The payment shall be made by certified check to the Township of Hamilton.

Horticulture of native Pinelands species.

Berry agriculture.

Beekeeping.

Forestry.

Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.

Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B(2) below.

Private docks, piers, moorings and boat launches.

Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:

No development, except for those uses which are specifically authorized in Subsection A(1) through (4) above, shall be carried out within 300 feet of any wetland area in Hamilton Township unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland area.

A significant adverse impact shall be deemed to exist where it is demonstrated that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:

Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

Public utility substations shall be a permitted use in all zones of the Township, provided that substations in the Pinelands Forest, Agricultural Production and Rural Development areas comply with the respective provisions of N.J.A.C. 7:50-5.23(b)12, 5.24(b)9 and 5.25(b)10, and subject to the zoning requirements for the district in which they are to be located, including land area, structure setback requirements, structure height, and landscaping. The facilities shall not be open to the public and shall be necessary to service the surrounding area. No permanent storage of material or surplus equipment, except for functional equipment within the subject building, shall be permitted in the building or on the lot. If such a facility is placed within a residential district, the architectural character shall blend in harmoniously with the surrounding area.

Peak load generating stations shall be permitted only in nonresidentially zoned districts located in the Regional Growth Area, provided that such a facility is in full compliance of Subsections E, F and H of this section.

Generating plants/facilities shall not be permitted in the Township.

Applications. Applications shall be submitted to the appropriate land use agency for all public utility substations.

Bulk requirements.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the area in which the particular use will provide service.

The design of any building in connection with such facilities must not adversely affect the safety and general welfare of the community and the character of the neighborhood in the surrounding area and shall not create a visual intrusion

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.

Landscaping, including shrubs, trees and lawns, as may be required, including screening consisting of three constantly maintained staggered rows of evergreens 18 feet or less on centers, minimum of 15 feet in height or minimum of five inches in diameter, in a fifty-foot buffer or as approved by the Board. Adequate and attractive fences and other safety devices will be provided for sufficient landscaping; including shrubs, trees and lawn are provided and will be periodically maintained, as defined by an approved maintenance schedule. Landscaping shall conform to § 203-169 in addition to the above.

Off-street parking shall be provided as determined by § 203-60 during site plan review, based on applicant testimony as to the number of full- and part-time employees, as well as vendors and visitors to the facility.

Nonconforming public utility substations may continue in use for the purpose now used, but may not be expanded without complying with this article.

Nonconforming public utility substations 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 article. If this destruction is greater than 50%, then repair or restoration will require compliance with this article.

Peak load generating stations shall adhere to the following additional requirements:

Any peak load generating station which does not meet all the requirements listed in Subsection H shall be a nonpermitted use.

Applications. Applications shall be submitted for site plan approval, conditional use review, and other required approvals for all new PWTFs, telecommunications towers, modifications to existing PWTFs, and collocation of antennae on existing PWTFs or on existing buildings.

Pinelands Comprehensive Management Plan. All PWTFs subject to the provisions herein which are located with the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)(6).

No Telecommunications Tower may be constructed unless it has the capacity to collocate at least three other PWTF carriers. In no event, however, shall the height of a Telecommunications Tower exceed 150 feet above ground level unless the applicant demonstrates, by written evidence, that the modification is necessary to facilitate collocation of the telecommunications facilities in order to avoid construction of a new tower or meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. In no case shall a tower exceeding 200 feet in height be approved. Any antenna support structure on which a PWTF is mounted shall not extend more than 10 feet above the height of the building or structure to which it is proposed to be attached.

All telecommunications towers and antenna support structures shall be subject to a minimum front, side, and rear yard requirement of 1/2 the height of the Telecommunications Tower or antenna support structures, or the minimum yard requirements of the zoning district in which it is located, whichever is greater. Where necessary to address particular safety concerns, the minimum setback requirement may be increased.

If PWTFs are located on the roof of a building, whether on an antenna support structure or otherwise, the area of the PWTFs and other equipment and structures shall not occupy more than 25% of the roof area.

A report, signed by a qualified expert, documenting the capacity of any proposed PWTF for the number and type of antennae;

A report, signed by a qualified expert, documenting that any proposed PWTF will have sufficient structural integrity to support the proposed antennae and the anticipated future collocated antennae and that the structural standards developed for antennae by the Electronic Industries Association and/or the Telecommunication Industry Association have been met;

A letter of intent by the applicant, in a form which is reviewed and approved by the Township Solicitor, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and

A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed telecommunications tower and indicating its view from locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.

If the PWTF is proposed to be located in the Pinelands Area, a description of the relationship of the proposed facility to any comprehensive plan for local communication facilities which has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c).

The Township Planner shall maintain records identifying existing PWTF locations within or near the Hamilton Township Community, copies of which shall also be on file in the Township of Hamilton Planning Office.

An applicant proposing a PWTF at a new location shall demonstrate that it has made a reasonable attempt to locate and procure a collocation site acceptable to engineering standards and that none are feasible.

Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Hamilton Township community inventory, any such facilities in proximate municipalities which may provide service to areas within the Hamilton Township community, and to the extent known, any changes proposed within the next following twelve-month period, including plans for new locations and the discontinuance or relocation of existing PWTF facilities.

Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reasons for the selection of the subject site. The analysis shall address the following issues:

The Planning or Zoning Board may retain such technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Hamilton Township's escrow provisions.

The applicant shall demonstrate the need for a PWTF in the area in which it is proposed to be located, and shall further demonstrate that the site is appropriate for the proposed location of the PWTF. The appropriateness of a proposed site shall be based upon an analysis of and comparison with other potential sites in the area, including without limitation the consideration of such factors as: the ability of the applicant to collocate its facility on existing PWTFs in accordance with the policies set forth in § 203-184.1F; the availability of other sites upon which there are existing governmental, utility, or other institutional structures on which the PWTF can reasonably be mounted on an antenna support structure; the existence of potential usable sites that are not in close proximity to residential areas, and the extent to which there are other potential sites that are more consistent with the requirements of this section, and which enable the applicant to provide adequate service as required by applicable law.

Except as set forth in Subsection G(1) above regarding collocation and mounted PWTFs on antenna support structures, and except as set forth in § 203-184.1G(9)(a) through (d) below, PWTFs shall not be permitted as a second principal use on any site.

For all PWTFs, adequate traffic ingress and egress shall be provided and designated so as to cause minimum interference with the traffic on abutting streets, as well as ready accessibility to emergency and service vehicles.

Sites for PWTFs must demonstrate that they provide the least possible visual impact on residential areas and public rights-of-way. All potential visual impacts must be analyzed to demonstrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

PWTFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. The facility should be buffered by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.

PWTFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architectural and/or significant structures should not be impaired or diminished by the placement of PWTFs.

Monopole. Any proposed new Telecommunications Tower shall be a monopole unless the applicant can demonstrate, or the Planning Board determines, that a different type of pole is necessary for the collocation of additional antennae on the tower, or would better blend into the surrounding environment.

PWTFs shall be located so as to avoid, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in § 203-181D.

PWTFs shall be conditionally permitted in the FA-10, FA-25, FA-70, MV, RD-1, RD-2.5, RD-4 and RD-5 Zones only at the following locations:

If a PWTF is proposed to be located in the Pinelands Area, the applicant shall seek to site the facility in accordance with the Pinelands Commission's hierarchical policy for the specific siting of telecommunications facilities. This policy requires the following order of preferences:

Fencing and other safety devices. PWTFs shall be surrounded by a security fence. The security fence shall be chain link eight feet in height, and shall be vinyl coated. All telecommunications towers and antenna support structures shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices may be permitted or required, as needed.

Landscaping.

Signs. Signs shall not be permitted except for those displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area for each sign. No commercial advertising shall be permitted on any PWTF, Telecommunications Tower, or antenna support structure.

Color. PWTFs shall be of a color appropriate to the tower's locational context, with the intention to make it as unobtrusive as possible, unless a particular color is otherwise required by other applicable laws.

Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved.

Dish antennae. Dish antennae shall be colored, camouflaged or screened to be as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet. Any dish antenna installed to satisfy federal, state, county, or local government public safety requirements that conflict with the foregoing requirements shall be exempt from such requirements.

Lighting. No lighting shall be permitted except as follows:

Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance,[1] except for emergency situations requiring the temporary use of a backup generator.

Radio frequency (RF) emissions. PWTFs which meet the applicable federal standards for RF emissions shall not be conditioned or denied on the basis of any RF impacts. Applicants shall provide current information regarding applicable federal standards concerning PWTFs and RF emission standards. Applicants shall be further required to provide information on the projected power density of the proposed PWTF and the manner in which such PWTF meets the applicable standards.

Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96), entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," (or its equivalent), as it may be updated or amended from time to time.

Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance, and that it is in accordance with the approved site plan.

Collocation accommodations. Construction of any new telecommunications tower or antenna support structure shall be designed and erected to accommodate public safety and emergency services antenna and equipment, whenever feasible.

Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.

Nonconforming PWTFs that 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. If this destruction is greater than 50 percent, however, then such repair or restoration will require compliance with this section.

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

Abandonment. Any telecommunications tower, PWTF's, antennae, and other equipment, which are not operated for wireless communication 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 cost. The owner of a telecommunications tower, PWTF, or antennae, and the owner of the property on which the facility is located, shall be under a joint and several duty to remove the abandoned telecommunications tower, PWTF, antennae, and other equipment at their cost. If such telecommunications tower, PWTF, antennae, or other equipment are not removed within 60 days of the receipt of notice from the Township notifying the owner or owners of such abandonment, the Township may cause or effectuate removal as set forth below.

Removal. When an owner of a telecommunications tower, PWTF, antennae, and other equipment who has been provided notice for the removal thereof, fails to do so within 60 days of notice from the Township of such abandonment, then the Township may remove such Telecommunications Tower and/or equipment and place a lien on the property for the costs incurred for such removal. If removed by the owner, a demolition permit shall be obtained and the facility and equipment 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 removal and site restoration. The amount of the bond shall take into consideration any cost escalation that may be reasonably anticipated.

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection A(3) above or required pursuant to §§ 203-116A(1)(t) and 203-167 shall incorporate the following elements:

Lot disturbance.

The standards in this section are applicable to all development in the Pinelands Area of Hamilton Township.

The following vegetation classifications shall be used in determining the fire hazard of a parcel of land.

No development shall be carried out in the Pinelands Area of the township in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection B above unless such development complies with the following standards:

All development in the Pinelands Area of Hamilton Township shall comply with the water quality provisions of this section.

All development shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections B(2) through (6) below, provided that:

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

Surface water runoff, provided that the requirements of Article XXV of this chapter are met.

Individual wastewater treatment facility and petroleum tank maintenance.

Prohibited chemicals and materials.

Water management.

Alternate design pilot program treatment systems, provided that:

This section in its entirety shall apply to all residential developments of 25 or more units in the GA-I, GA-M and GA-L Zoning Districts.

The standards of Subsections C(2), (3), (4), D(3), (4) and F through S of this section shall apply to residential development in the PVD Zoning Districts.

A minimum 10% of all units in a development shall be affordable to low- and moderate-income households.

At least half of the for sale affordable units within each affordable housing development shall be affordable to low-income households.

At least half of the rental affordable units within each affordable housing development shall be affordable to low-income households.

At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.

If the developer seeks to buy out of the active recreation obligation in accordance with the provisions § 203-158I, the recreation fees applicable to affordable units shall be 50% of the amount required by that section.

As is customary with respect to Mount Laurel projects, the following specific cost reduction entitlements apply to projects that include affordable units:

The applicant shall be entitled to request that the affordable units be granted relief from cost-generating application requirements and development standards that are not essential to protect the public health and safety and reasonable variances and waivers necessary to construct the inclusionary development, in accordance with N.J.A.C. 5:94-8. These waiver and variance provisions shall not apply to development standards adopted by the Township that were established by the New Jersey Pinelands Commission pursuant to N.J.A.C. 7:50-6 and the requirements for the purchase of PDCs for market-rate units.

A developer or group of developers may request approval from the Planning Board to provide low- and moderate-income housing units at an off-site location either through the construction of new units or the purchase, rehabilitation and sale/rental of existing housing (buy down/rent down).

The request to provide off-site units shall be made prior to submission of an application for preliminary development approval of the principal development. The request shall provide a statement of how the goals and objectives of the Hamilton Township Housing Plan and the Fair Housing Act would be furthered through off-site, rather than on-site, development of affordable units.

If the request for off-site affordable housing at an off-site location is approved by the Planning Board, the developer shall:

Development of off-site low-and moderate-income units shall occur prior to or at the same time that market units are constructed. At a minimum, the development schedule in Subsection N of this section shall be met or building permits and certificates of occupancy for market units shall be withheld.

Affordable housing developments which are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:

Affordable housing developments that are limited to age-restricted households shall at a minimum have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.

In conjunction with realistic market information, the following shall be used to determine maximum rents and sales prices of the affordable units:

For assisted living facilities, the following standards shall be used:

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:

The maximum rent of affordable units within each affordable housing development shall be affordable to households earning no more than 60% of median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of median income. Restricted rental units shall establish at least one rent for each bedroom type for all low- and moderate-income units provided at least 10% of all low- and moderate-income units are affordable to households earning no more than 35% of median income.

Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.

Gross rents including an allowance for utilities shall be established for the various size affordable units at a rate not to exceed 30% of the gross monthly income of the appropriate household size as set forth in Subsection G(1) above. The allowance for utilities shall be consistent with the utility allowance approved by NJDCA for use in its Section 8 program.

No affordable rental units included in the COAH requirement shall be subject to a rent control ordinance which may be adopted by the Township of Hamilton during the time period in which affordable housing COAH controls are effective.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income. Each affordable development must achieve an affordability average of 55% for restricted ownership units. Moderate income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.

If an affordable housing unit is part of a condominium association or homeowners' association, the master deed shall reflect that the assessed affordable homeowners' fee be established at 100% of the market-rate fee. This percentage assessment shall be recorded in the master deed.

Low-income housing units shall be reserved for households with a gross household income equal to or less than 50% of the median income approved by COAH.

Moderate-income housing units shall be reserved for households with a gross household income in excess of 50% but less than 80% of the median income approved by COAH.

Hamilton Township is ultimately responsible for administering the affordable housing program, including affordability controls and the affirmative marketing plan in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.

Hamilton Township has delegated to the Housing Liaison this responsibility for administering the affordable housing program, including administering and enforcing the affordability controls and the affirmative marketing plan of Hamilton Township in accordance with the provisions of this article, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.

Subject to COAH approval, Hamilton Township may contract with one or more administrative agents to administer some or all of the affordability controls and/or the affirmative marketing plan in accordance with this article, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. If Hamilton Township enters into such a contract, the Housing Liaison shall supervise the contracting administrative agent(s) and shall serve as liaison to the contracting administrative agent(s).

The Township of Hamilton intends for the Housing Liaison to administer the sale and rental of all new affordable housing. The Housing Liaison will also oversee and administer income qualification of low- and moderate-income households; place income-eligible households in low- and moderate-income units upon initial occupancy; place income-eligible households in low- and moderate-income units as they become available during the period of affordability controls and enforce the terms of the required deed restrictions and mortgage loans. The Housing Liaison will specifically administer and implement:

The developers/owners of any inclusionary site shall be responsible for the administrative fee, affirmative marketing and advertising, and such shall be a condition of Planning or Zoning Board approval.

Hamilton Township reserves the right to replace the Housing Liaison with another municipal authority or other agency authorized by COAH to carry out the administrative processes outlined above.

Low- and moderate-income rental units shall remain affordable to low- and moderate-income households for a period of 30 years.

Low- and moderate-income for sale units shall remain affordable to low- and moderate-income households for a period of 30 years.

Rehabilitated owner-occupied single family housing units that are improved to code standard shall be subject to affordability controls for 10 years.

Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.

Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to affordability controls for new housing units as designated in Subsection Q(1) and (2) above.

Affordability controls on accessory apartments shall be for a period of 30 years.

Affordability controls for units in alternative living arrangements shall be for a period of 30 years unless otherwise specified in a funding agreement with a state or federal agency.

Affordability controls on buy-down units shall be for a period of 30 years.

The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.

A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.

In accordance with the regulations of COAH pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., Hamilton Township adopted an affirmative marketing plan.

All affordable housing units shall be marketed in accordance with the provisions therein.

This subsection shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.

In implementing the marketing program, the administrative agent shall undertake all of the following strategies:

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH housing region in which the municipality is located and covers the period of deed restriction. The Township of Hamilton is in the housing region consisting of Atlantic, Cape May, Cumberland and Salem Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:

The following is a listing of community contact person(s) and/or organizations(s) in Atlantic, Cape May, Cumberland and Salem Counties that will aid in the affirmative marketing program with particular emphasis on contracts that will reach out to groups that are least likely to apply for housing within the region: Mizpah Inland Human Services, Mizpah, New Jersey.

A random selection method to select occupants of low- and moderate-income housing will be used by the Housing Liaison/administrative agent in conformance with N.J.A.C. 5:80-26.16(1).

The Housing Liaison/administrative agent will administer the program. The Housing Liaison/administrative agent has the responsibility to income-qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units which income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C 5:80-26. The Housing Liaison/administrative agent shall provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law.

All developers of low- and moderate-income housing units shall be required to assist in the marketing of the affordable units in their respective developments. This shall include paying the costs for advertising the affordable units as required in this section.

The marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.

The Housing Liaison/administrative agent will comply with monitoring and reporting requirements as per N.J.A.C. 5:80-26.

In the R-9, R-22, MV, GA-I, GA-M, GA-L, RC, DC, HC, NC, GC, IBP and FAATC Districts, the area and bulk standards for the district shall apply.

ln the FA-10, FA-25, FA-70, RD-1, RD-2.5, RD-4 and RD-5 Districts, the lot coverage, yard setback and landscape requirements of the NC Disthct shall apply, provided that the water quality standards of this chapter are met.

In the FA-10, FA-25, FA-70, RD-1, RD-2.5, RD-4 and RD-5 Districts without sewer connections, the standards of the NC district shall apply.

Prove that the proposed use does not require or will not generate subsidiary or satellite development.

Demonstrate that adequate public service infrastructure will be available to serve the use.

Prove that the use must primarily serve the needs of the district in which it is located.

Location.

Setbacks for ground installation shall be as follows:

Screening.

Other regulations.

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land in the same zoning district which, when combined with the acreage of the lot proposed for development, equals the following:

Where the land acquired pursuant to Subsection A(1) (above) consists of multiple contiguous lots, the lots shall be consolidated by deed.

All noncontiguous lands acquired pursuant to Subsection A(1) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

Applicants for development under this section have the option of either maintaining ownership of the deed-restricted land or transferring ownership of it to the following: either open space conservancies or nonprofit open space agencies (Natural Lands Trust, Nature Conservancy, New Jersey Conservation Foundation, and New Jersey Department of Environmental Protection Green Acres Program). Any agency or conservancy not herein listed cannot be used unless authorized by resolution of the Township of Hamilton governing body.

The lot proposed for development otherwise meets the minimum standards of this article.

Dwelling units constructed under the provisions of this section shall comply with the yard setback requirements of § 203-29B.

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land in the same zoning district which, when combined with the acreage of the lot proposed for development, equals at least the following:

The requirements of Subsection A(3) through A(7) above are met.

The governing body for the Township of Hamilton and County of Atlantic, being aware of the reflection on surrounding values and of the general annoyance or nuisance created by swine farms and the raising and/or keeping of swine, it is the legislative intent that no additional swine farms be permitted nor any existing swine farm operations be enlarged except as provided herein. It is also the legislative intent to limit the districts where swine farming can occur and to otherwise limit the amount and number of swine raised and/or kept in the various zoning districts in the Township.

It shall be unlawful for any person to raise, keep and/or maintain within the geographic limits of the Township of Hamilton any swine except in compliance with the provisions of this chapter and all other laws and ordinances of the Township of Hamilton, the County of Atlantic and State of New Jersey.

The pens, fences or all other structures used to house, support, maintain or confine swine and/or the storage of grain foods used for feeding swine and/or the piling or storage of waste from swine may not be constructed or maintained within 50 feet of any and all property lines, front, rear or sides. Annexed hereto as Exhibit "A" is an illustration indicating the buffer locations and requirements. Said illustration is marked as Exhibit "A" and is incorporated herein as if set forth at length.

The keeping and raising of swine for personal use and swine farming shall be subject to all of the applicable provisions of the New Jersey Administrative Code, the Atlantic County Board of Health, any and all other state, federal, county or municipal statutes, regulations or ordinances as it relates to all sanitary conditions, storage of food, cleaning of debris and waste, removal of manure and the overall housing and keeping of swine.

All feeding of swine shall consist only of and be limited to dry grain dispensed by feeding devices approved by the Atlantic County Board of Health or other appropriate state agency or by grazing upon lands which are enclosed by a pen or fence consistent with the buffer zones as listed in this chapter.

Adequate drainage shall be provided in all areas used to house, pen or maintain the swine. Shelters and feeding areas shall be constructed to provide satisfactory drainage. There shall be no pools of stagnant water within these areas.

All stalls, pens, sites, buildings or other structures used to house or maintain swine shall be constructed of material of sufficient strength to confine the swine therein. Any facility permitted under this chapter shall be in compliance with the statutes and regulations of the New Jersey Department of Agriculture and the United States Department of Agriculture governing the raising of swine. To the extent that the terms and provisions of this chapter are more restrictive than those required by the New Jersey Department of Agriculture or the United States Department of Agriculture, the terms and provisions of this chapter shall prevail.

Buildings, fences, pens, floors and other structures used for the maintenance of swine shall be maintained in a clean and repaired state of condition.

All waste material or manure shall be removed daily or more often if sanitation or odor conditions require. All waste material or manure shall be disposed of in such a manner as not to create a sanitation problem nor to be offensive to neighboring residents.

No odor offensive to neighboring residents shall be permitted to emit from the premises where swine are raised or maintained.

Pest control. Each facility shall put into effect and maintain a program of rodent and/or other pest control consistent with the New Jersey Department of Agriculture, Division of Animal Health.

The day-care center and all accessory development (e.g., parking, trash enclosures, etc.) shall comply with the minimum area and bulk requirements of the zoning district in which the center is located.

The location and size of a day-care center shall be permanently deed-restricted in order to qualify for the parking, density or floor area ration exclusions allowed at N.J.S.A. 40:55D-66.6 and 40:55D-66.7.

Adequate parking shall be provided pursuant to § 203-60 to meet the needs of staff and students.

Any outdoor play area shall be fenced in and supervised by staff members at all times that children are present.

Where the play area is accessed directly from the building, an access gate shall be provided for use by emergency personnel and equipment.

Details of all proposed play equipment shall be provided.

All applicable standards of the State Department of Human Services shall be met.

Conflicts with the provisions of a development transfer program established pursuant to N.J.A.C. 7:50-5.30;

Is inconsistent with the standards of Subchapter 6 of the Pinelands Comprehensive Management Plan; or

Disrupts the contiguity of the forest ecosystem to a greater degree than nonclustered development.

Maximum density:

The number of base residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection B(1) above.

Bonus density.

The residential cluster shall be located on the parcel such that the development area:

Development within the residential cluster shall be designed as follows:

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, the Township of Hamilton or be incorporated as part of one of the lots within the cluster development area.