Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure locations and orientations.

For purposes of this chapter, campgrounds shall be differentiated as "improved campgrounds" and "primitive campgrounds" and shall be defined as follows:

All provisions stipulated in the applicable ordinances of the Township shall be met.

All provisions of BOCA, as amended, shall prevail.

Site plan approval by the Planning Board shall be required prior to the issuance of a construction permit or prior to the issuance of a certificate of occupancy should a construction permit not be required. Prior to site plan approval, all necessary and appropriate permits from the State Department of Health and the State Department of Environmental Protection shall be furnished to the Township.

The minimum lot size shall be one acre with a minimum frontage of 125 feet on an improved public street.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No more than 35% of the lot shall be covered by impervious surfaces, including buildings, structures and pavement.

At least the first 40 feet adjacent to any street line and 25 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.

A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines (see § 400-59B).

All other applicable requirements of this chapter shall be met.

The minimum lot size shall be three acres with a minimum frontage of 150 feet on an improved public street.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No more than 25% of the lot shall be covered by impervious surfaces, including buildings, structures and pavement.

At least the first 40 feet adjacent to any street line and 25 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.

A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines (see § 400-59B).

All other applicable requirements of this chapter shall be met.

For purposes of this chapter, the term "hospital" shall mean an institution containing beds for 20 or more patients where the sick or injured are given medical or surgical care limited to the diagnosis and treatment of human beings only. For purposes of this chapter, clinics rest homes, nursing homes and convalescent homes are not considered hospitals.

The minimum lot size shall be 10 acres with a minimum frontage of 300 feet on an improved public roadway.

No building shall be higher than four stories and 40 feet.

No more than 35% of the lot shall be covered by impervious, surfaces including buildings, structures and pavement.

At least the first 60 feet adjacent to any street line and 40 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.

A minimum buffer area of 25 feet in width shall be provided along all aide and rear lot lines (see § 400-59B).

One parking space shall be provided for every two beds.

Signs shall be permitted as approved by the Planning Board during site plan review.

All other applicable requirements of this chapter shall be met.

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other public utility services.

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

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

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

Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

The minimum lot size shall be 20,000 square feet with a minimum frontage of 150 feet on an improved public street.

Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with said drainage.

All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 70 square feet, whichever is smaller. Freestanding signs shall be set back at least 30 feet from all street and lot lines.

All other applicable requirements of this chapter shall be met.

Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of, but in addition to, a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.

Each unit of accommodation shall contain a minimum floor area of 350 square feet. Ceilings shall be a minimum of 7 6/10 feet in height.

Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom. No more than 20% of the units shall include cooking facilities with said unit.

There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises nor to occupants of the permitted units with cooking facilities.

Off-street parking shall be provided at the ratio of 1 1/10 spaces per room.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 70 square feet, whichever is smaller. Freestanding signs shall be set back at least 30 feet from all street and lot lines.

All other applicable provisions of this chapter shall be met.

The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.

No service station shall be located within 500 feet of any fire house, school, playground, church, hospital, public building or institution.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station except as provided herein. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed 30 days and providing that the owners of said motor vehicles are awaiting their repair or disposition.

Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or similar equipment for sale shall not be permitted as part of a service station.

Service stations shall provide at least five spaces for the first lift, wheel alignment pit or similar work area, four additional spaces for a second work area, and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.

Service stations may be permitted one freestanding sign. The freestanding sign shall not exceed an area of 34 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines.

All other applicable requirements of this chapter shall be met.

For purposes of this chapter, the term "public purpose uses" shall mean the use of land or buildings by any governmental agency, or any officially created authority or agency thereof.

The proposed installation of a specific location must be reasonably necessary for the provision of service by the agency or authority to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public purpose facilities, shall be built in accordance with the applicable requirements of the appropriate state and federal agencies governing the facility at the time of construction.

Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

For purposes of this chapter, the term "nursing home" shall mean any institution which conforms to state and federal standards and regulations, and is issued the necessary licenses and permits of these and all other governing bodies, which pertain to such an institution.

Providing a medical day-care facility is encouraged and may be included as a component of the nursing home.

Residential units proposed with a nursing home complex must conform to the residential district requirement of the R-2 District.

A certificate of need shall be obtained prior to conditional use approval, and the certificate of need shall be submitted as part of the conditional use application.

Off-site sewer and water must be available.

Methods for transportation of patients of the nursing home for personal or medical needs shall be shown.

The minimum lot size shall be 10 acres, with a minimum frontage of 300 feet on an improved public roadway.

The maximum density for a ten-acre tract shall be 120 beds, and for each additional acre, 20 beds shall be permitted.

No building shall exceed 20 feet in height except as provided for in § 400-57B of this chapter.

No more than 35% of the lot shall be covered by impervious surfaces, including buildings, structures, and pavement.

At least the first 60 feet adjacent to any street line and 40 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.

A minimum buffer area of 25 feet in width shall be provided along all side and rear lot lines (see § 400-59).

One parking space shall be provided for every two beds.

Signs shall be permitted as approved by the Planning Board during site plan review.

All other applicable requirements of this chapter shall be met.

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

Adult bookstores, adult motion-picture theaters, adult bookstores and adult-motion picture theaters, artist body painting and photographic studios, massage parlors and adult live entertainment are hereby expressly prohibited in all districts of the Township other than the Industrial-Special Purposes Zone. Such uses shall be deemed conditional uses in the Industrial-Special Purposes Zone subject to the following conditions:

Nothing contained herein shall be deemed to apply to any premises operated by a medical practitioner or a bona fide professional physical therapist or certified massage practitioner as heretofore defined herein.

Disclaimer. Nothing contained herein shall be deemed to legalize, authorize, or otherwise permit the sale of obscene material as defined in and prohibited by N.J.S.A. 2C:34-2, 2C:34-3 and/or 2C:34-4, or Chapter 486, Pornography (Ordinance No. 85-11), it being the express intention of this § 400-56L that any use authorized pursuant hereto shall not fall within the exception contained in the final paragraph of N.J.S.A. 2C:34-2.

The minimum lot size for methadone clinics shall be one acre, and the minimum frontage shall be 150 feet on an improved public street.

The minimum lot depth shall be 200 feet.

The minimum setback requirements are as follows:

No more than 35% of the lot shall be covered by impervious surfaces, including but not limited to buildings, structures and pavement.

In order to avoid an adverse impact upon the children of Lower Township, the lot line of any lot containing a methadone clinic shall be located no closer than 1,500 feet from the lot line of any lot containing any school, church, public park, beach, playground or recreational facility, or library.

In order to preserve the quality of family life in Lower Township, the lot line of any lot containing a methadone clinic shall be located no closer than 1,000 feet from the lot line of any lot on which a residential use is permitted or on which there is otherwise situated a residential structure, including any apartments, condominiums or other multifamily dwellings.

No such building shall exceed 20 feet in height.

The hours of operation shall be limited to 7:00 a.m. to 4:00 p.m., Mondays through Fridays, and 7:00 a.m. to 12:00 noon, Saturdays. Sunday hours will not be permitted.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

Adequate fences and other safety devices, signage, landscaping, lighting, parking and such other items consistent with this chapter as required by the Planning or Zoning Board during its review shall be provided.

All other requirements of this chapter must be met.

The minimum lot size shall be five acres with minimum frontage and width of 150 feet on an improved public street.

The minimum setback requirements are as follows:

Grave sites shall be set back a minimum of five feet from all property lines; however, site triangles must be complied with for permitted height of grave markers, as well as stone or brick walls and fencing.

Maximum building height for structures shall be 35 feet.

Site plan review or approval shall not be required for grave site layout and placements.

Entrance, exit and general roadway layout shall be approved, per ordinance requirements, by the Planning Board with an emphasis on the health, safety and welfare of the general public. However, interior roadways shall not be required to be paved in accordance with this chapter. The minimum interior roadway width shall be 15 feet.

Parking along interior roadways shall be permitted for grave sites, columbariums and mausoleums. Parking for mortuaries, parsonages and crematories shall be as follows:

Signs. One thirty-five-square-foot sign shall be permitted. The setback from all street lines and property lines shall be 20 feet. Sign height shall not exceed 20 feet. Site triangles shall be complied with in accordance with this chapter.

Grave sites and interior roadways in existing cemeteries and expansion of grave sites and interior roadways in existing cemeteries shall be exempt from the requirements of this chapter.

All other applicable requirements of this chapter shall be met.

For purposes of this chapter, the term “recreational uses” are facilities that include, but not limited to, providing the following activities, whether for a fee or not: water flumes; billiard and pool halls; table games such as air hockey, foosball, and ping pong; bowling alleys; miniature golf courses; driving ranges; amusement rides; legalized games of chance; coin-operated amusement games; video games; and circuses that are to be conducted within 200 feet of a residential property located in a residential zone.

The application and supporting material for a conditional use permit must be submitted to the Planning Board Secretary 21 days prior to the Planning Board meeting at which the proposed project will be reviewed. The applicant will be directed to the appropriate Township official from whom the applicant will request a list of property owners situated within 200 feet of the extremities of the property on which the proposed use is to be located. The applicant shall be required to notify all property owners on the list received of the proposed project by certified mail, return receipt requested, at least 10 days prior to the date of the Planning Board meeting. The applicant will be required to show proof of such notice at the Planning Board meeting. In addition, the applicant shall be required to place a notice in the official newspaper of the Planning Board, advertising the meeting and the proposed project. Such notices shall include the following information: nature of the proposed project, name of applicant, and date, time and location of the Planning Board meeting at which the project will be reviewed. Notice of the conditional use application shall be given subject to § 400-72E(1)(b) of this chapter. Contents of such notice shall be given subject to N.J.S.A. 40:55D-11.

The Planning Board shall, in its sole discretion, have the right to limit and/or set the hours of operation for any recreational use.

The Planning Board shall, in its sole discretion, have the right to control and limit the number of rides, machines, or games permitted in each recreational establishment.

The Planning Board’s discretion shall be based upon its consideration of the following factors:

Each ride, machine or game available at any recreational establishment as defined herein shall carry an approved sticker or license issued by the Township indicating that payment for a Township mercantile license has been rendered.

This section shall be applied in conjunction with Chapter 162 of the Code to the extent the sections are consistent.

There shall be no more than two Class 5 cannabis retail licenses issued in Township of Lower and same shall be confined to the GB-1 Cannabis Overlay Zone, MD-2, or I Zoning Districts. Cannabis retail stores shall not be permitted within any other zone located within the Township of Lower. Class 5 Cannabis retail stores located in the GB-1 Cannabis Overlay Zone are deemed to be permitted uses, subject to the provisions of § 400-111.

Submission of a license and/or a conditional license approved by the State of New Jersey and/or the Cannabis Regulatory Commission to engage in the retail sale of marijuana.

Submission of a copy of the application submitted to the State of New Jersey requesting a Class 5 cannabis retail license along with all attachments.

Compliance with any and all requirements set forth within the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq.

Compliance with the area and bulk requirements of the zoning district in which same is proposed to be located.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No cannabis retail stores shall be located within 300 feet, measured from the front entrance to the proposed commercial property, of any residential structure, fire house, school, public playground, place of worship, hospital, beach, public recreational facility, or public library.

All sales to consumers must take place in the indoor areas of a cannabis establishment and/or curbside, in accordance with the provisions of N.J.A.C. 17:30-12.4, in front of said cannabis establishment. With the exception of the wholesale delivery of cannabis and/or the delivery of goods/equipment associated with the operation of a cannabis retail store, no business shall be conducted in the rear of a cannabis establishment.

Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m.

Cannabis consumption areas are prohibited from operating anywhere on the premises which are licensed to engage in the retail sale of cannabis.

No outside storage of any cannabis, cannabis products or cannabis paraphernalia shall be permitted.

All other applicable requirements of this chapter shall be met.

To the extent that any of the provisions outlined herein are in conflict with rules and regulations promulgated by the New Jersey Cannabis Regulatory Commission, the rules and regulations of the Commission shall control.

The holder of a Class 5 cannabis retail license shall be permitted to deliver cannabis products to their consumers pursuant to the requirements of N.J.A.C. 17:30-14.8 and N.J.S.A. 24:61-44, and subject to obtaining the necessary authorizations and approvals from the Cannabis Regulatory Commission.

There shall be no more than two Class 6 cannabis delivery licenses issued in Township of Lower and same shall be confined to the GB-1 cannabis overlay zone, MD-2, or I Zoning Districts. Cannabis delivery stores/services shall not be permitted within any other zone located within the Township of Lower. Class 6 Cannabis delivery stores/services located in the GB-1 Cannabis Overlay Zone are deemed to be permitted uses, subject to the provisions of § 400-111.

Submission of a license and/or a conditional license approved by the State of New Jersey and/or the Cannabis Regulatory Commission to engage in the delivery of marijuana.

Submission of a copy of the application submitted to the State of New Jersey requesting a Class 6 cannabis delivery license along with all attachments.

Compliance with any and all requirements set forth within the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq.

Compliance with the area and bulk requirements of the zoning district in which same is proposed to be located.

The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

No cannabis delivery service shall be located within 300 feet, measured from the front entrance to the proposed commercial property, of any residential structure, fire house, school, public playground, place of worship, hospital, beach, public recreational facility, or public library.

Cannabis consumption areas are prohibited from operating anywhere on the premises which are licensed to engage in the delivery of cannabis.

No outside storage of any cannabis, cannabis products or cannabis paraphernalia shall be permitted.

All other applicable requirements of this chapter shall be met.

To the extent that any of the provisions outlined herein are in conflict with rules and regulations promulgated by the New Jersey Cannabis Regulatory Commission, the rules and regulations of the Commission shall control.

Detached dwelling units in sewerable areas only, in accordance with the existing Cape May County 208 Plan.

Public playgrounds, conservation areas, parks and public purpose uses.

Townhouses in sewered areas of the R-3 District only, provided that not more than six units are contained within a single structure.

Private residential swimming pools (see § 400-38 for standards).

Private residential toolsheds not to exceed 15 feet in height.

Boats, trailers and campers to be parked or stored only and located in rear or side yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot.

Tennis courts and other usual recreational facilities.

Off-street parking and private garages.

Fences and walls (see § 400-31).

Lot frontage reduction requirement. The average reduction in lot frontage must equal the average reduction in lot size.

Dwelling units shall each provide two spaces per unit.

See § 400-34 for additional standards.

Prior to preliminary approval, the developer shall submit preliminary sewerage and water system plan(s) to serve the dwelling units in the development, together with letters from the appropriate municipal, county and state officials indicating the feasibility of such plan(s). Prior to final approval, the developer shall submit the final plan(s) which shall have been approved by the appropriate municipal, county and state officials.

Any proposal for a residential cluster may include provisions for the phasing of construction over a period of years, provided that the following terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development are met:

No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and sewer facilities servicing the said structure are properly completed and functioning.

No land set aside shall later be developed for private residential or commercial use.

Twenty-five percent, but not less than three acres, of the open space shall have a seasonal high water table of not higher than two feet below the surface. Such lands shall be set aside for recreational purposes.

Open space shall be equivalent to or more than the total reduction in lot sizes. No more than 1/3 of the required open space shall be wetlands or pocomoke soil.

Accessways of at least 20 feet in width shall be provided for any open space intended for recreation. Any recreation open space parcel of two or more acres shall have at least two different twenty-foot accessways.

At least half of the required open space, but no less than two acres, shall be in a contiguous piece of land.

The minimum size of each parcel offered to the Township shall be 1/2 acre.

Lands set aside for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for recreational purposes.

Any lands offered to the Township shall be subject to review by the Planning Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.

Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of this section pertaining to the use of such areas.

Membership in any created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member's agreeing to his liability for his pro rata share of the organization's costs and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.

Executed deed shall be tendered to the Township simultaneously with the granting of final approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability. The individual property owners shall pay their proportionate assessment of real property tax on the open spaces as assessed, and if a failure to pay occurs, the Tax Assessor of Lower Township shall have the right to assess the individual's real property in the amount of the unpaid real property tax assessment and thereafter pursue such legal remedies as the law allows for the enforcement and collection of real property taxes.

Any assessment levied by the open space organization shall, if not paid, become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the planned development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the Township.

Part of the development proposals submitted to and approved by the Township shall be provisions to insure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which they hold title.

All recreational uses to be established in the open spaces by the open space organization shall be reviewed by the Planning Board, and no such use or uses shall be constructed or otherwise established in the open spaces absent approval of the Planning Board.

Two hundred feet on one plane.

Three hundred forty feet on any angle.

Five hundred feet along the center line.

Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.

Efficiency unit: 500 square feet.

One-bedroom unit: 700 square feet.

Two-bedroom unit: 900 square feet.

Each additional bedroom shall require that a minimum of 250 additional square feet be added to the gross floor area of the apartment dwelling.

One-bedroom unit: 800 square feet.

Two-bedroom unit: 1,000 square feet.

Three-bedroom unit: 1,200 square feet.

Each additional bedroom shall require that a minimum of 250 additional square feet be added to the gross floor area of the townhouse dwelling.

Lighting. Up to two freestanding or attached units that provide for nonglare color-corrected lights, focused downward in compliance with § 400-47.

Fence. Fences installed in conformance with this chapter and specifically not encroaching on the site triangle easement. The applicant shall submit one current sealed survey that accurately reflects the conditions on the site, prepared by a licensed surveyor of New Jersey, showing the boundaries of the property, fence location, and site triangle easement, upon request of the Planning Director.

Shed. Portable sheds, not exceeding 150 square feet; construction details to be approved by the Construction Official.

Stone or clamshell surface applied to an existing parking area.

Parking bumpers or wheel stops to delineate existing parking areas.

Natural vegetation whether used as a buffer or ornamental.

Building addition by right of not more than 100 square feet and not encroaching into any landscaped buffer or parking area.

Signs. Freestanding or otherwise, not to exceed 35 square feet in area, 10 feet in total height, and not encroaching on any site triangle easement. Installation of freestanding signs shall require submission of one current sealed survey that accurately reflects the conditions on the site, prepared by a licensed surveyor, showing sign location boundaries of the property and site triangle if appropriate.

Interior renovations to an existing structure, including carpentry, plumbing, electrical, and fire.

Exterior architectural renovations. Changes such as rooflines, architectural projections, roofing and siding, window or ordinary repairs that do not increase the square footage or other area measurements by which all buildings occupy a lot.

Solar renewable energy technology: solar photovoltaic energy technologies and structures, ground-mounted or roof-mounted solar energy system. Only solar renewable energy technology that generates less than or equal to 100% of a property's electric energy needs, shall qualify for a permitted exclusion under this section.

Applicant shall be required to submit one copy of an application, on a form provided by the planning office, in order to apply for administrative approval of permitted exclusions to the Site Plan Ordinance.[1]

The time limit for the Planning Director to approve or deny an application for administrative approval or permitted exclusions to the Site Plan Ordinance shall be 45 days from the date the application is deemed complete.

The Planning Director reserves the right to require the applicant to submit detailed plans to the Lower Township Fire Official for review and approval.

Any and all disputes, disagreements, or interpretations arising out of any alleged error in order, requirement, decision, or refusal, made by the Planning Director, shall be decided by appeal before the entire Planning Board.

Building additions to the principal structure, including open decks and patios.

All permitted accessory uses.

No construction under this section shall be permitted on a "dune" as defined in § 400-79C unless a minor site plan is filed with the Planning Board in accordance with § 400-77D.

All decisions as to the applicability of this section to a specific application for a building permit shall be made by the Construction Official and the Planning Director. If complete agreement is found not to be obtainable by the Construction Official and the Planning Director, as to the applicability of this section to an individual project, then the application shall be forwarded to the Planning Board for review and approval, as required by § 400-79E.

The applicant shall be required to submit one dated sealed survey that accurately reflects the conditions on the site. Upon request of the Planning Director and the Construction Official, a survey prepared by a licensed land surveyor of New Jersey, showing the boundaries of the site, existing conditions and elevations with contour lines, shall be required.

The area of disturbance, caused by any construction activity, shall be delineated in the field and drawn on any required survey or plans. The disturbance area shall be marked off on site by means of a snow fence and posted "off limits" to all construction personnel and equipment, prior to any building permit being issued.

A performance bond may be required for the revegetation of any disturbed area, but shall not exceed $1,000, as required by the Construction Official and the Planning Director.

Any and all disputes, disagreements or interpretations arising out of any alleged error in order, requirement, decision, or refusal made by the Construction Official or Planning Director shall be decided upon appeal before the entire Planning Board.

A record of all administrative approvals by said Construction Official and Planning Director shall be kept in a separate file in the Planning Director's office.

An affidavit is provided to the Lower Township Planning and Construction Office that specifically grants permission for the one-foot setback from all owners of record abutting the subject property in the location of the proposed accessory building.

No portion of the accessory building shall encroach onto the adjoining property, and the definition of "projecting architectural features" in § 400-8 shall not apply to accessory buildings 100 square feet or less and not on a permanent foundation.

R-3 with public sewer (§ 400-15A).

R-2 cluster with public sewer (§ 400-58B).

Front yard. Gazebo buildings in the front yard shall be no larger than 150 square feet.

Rear and side yards. Gazebo buildings in the rear or side yard shall be smaller than the principal structure.