Maurice River City Zoning Code

All development shall adhere to the relevant air quality standards of N.J.A.C. 77:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection and Energy pursuant to N.J.A.C. 7:27-18.3.

Applications for residential development of one hundred (100) or more units and any other development involving more than three hundred (300) parking spaces located in the Pinelands Area shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

The length, width and acreage of street blocks shall be sufficient to accommodate the size lot required in the zone district in which it is to be located and to provide for convenient access, circulation control and traffic study.

Blocks over one thousand (1,000) feet in length within residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeways between lots may be required in locations deemed necessary by the Land Use Board. No block within a residential area shall exceed one thousand five hundred (1,500) feet in length.

Within commercial and industrial areas, block length shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation.

Buffer areas shall require site plan review and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise, glare, blowing debris or other nuisances' perception or effect beyond the lot. No structure, use, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.

The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, exiting woods, a wall or fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use; then the more effective the buffer area must be in obscuring light and vision, and reducing noise or other nuisances beyond the lot.

All buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered plantings of live trees, shrubs, or other plant material meeting the following criteria:

Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one (1) material highly resistant to weather conditions or decay and at least six (6) feet in height, no more than eight (8) feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than fifty percent (50%) of its area is open. Whenever a masonry wall is deemed appropriate and/or necessary, it shall set back one (1) foot from any property line and shall not be located in any front yard area. This requirement shall not apply to a retaining wall as defined in Section 35-3.3 of this chapter.

Whenever buffers are required, the Land Use Board may specify that earthen berms be utilized. Such berms shall be not less than five (5) feet in height as measured from the grade of the adjoining road or land they are intended to screen. They shall be designed and constructed to blend with surface drainage plans for the property being developed and to not create surface runoff problems for adjoining properties. Berms, when required or proposed, shall be provided with a minimum four (4) inches of topsoil, seeded and landscaped with trees and shrubs as set forth in Subsection D4 hereinabove.

In order to assure the preservation and maintenance of required buffer areas or screening, the Land Use Board may require specific deed restrictions, provision for maintenance of such areas by individual property owners or homeowners associations, easements and other legal restrictions which will provide a means of preserving and maintaining the buffer area and/or screening required and permit the Township or other third parties to become involved in the event that a property owner or homeowners association fails to comply with the provisions of any such legal restrictions.

The following special screening standards shall apply:

Unless otherwise specified, all concrete shall be air-entrained, having four percent (4%) to seven percent (7%) entrained air.

Concrete shall be Class A, B, C, or D.

Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials designation A-15 and A-305, as amended and supplemented.

Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.

In the construction of required concrete structures, the Township Engineer will determine the slump range within which the contractor may work. Transit mix concrete may be used if obtained form sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.

Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.

Soil base for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the Township Engineer or his representative before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive damp when concrete is placed. All concrete shall be handled and placed so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with vibrator or other suitable equipment. Finished concrete shall have a wood-float finish unless specified by the Township Engineer and shall be kept continuously moist for a period of three (3) days. Curing shall be accomplished at the direction of the Township Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below forty degrees (40°) Fahrenheit or during periods of precipitation unless precautions acceptable to the Township Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.

All dead-end roads shall terminate in a manner which provides safe and sufficient entry and exit for fire equipment. Additionally, all driveways providing access to a structure and which are in excess of fifty (50) feet in length from the abutting road right-of-way to the residential structure being served by said driveway, shall be a minimum of fifteen (15) feet in width so as to be sufficient to accommodate large emergency vehicles and be surfaced with a gravel base and maintained.

The rights-of-way of all roads shall be maintained so that they provide an effective fire break.

All proposed developments of twenty-five (25) units or more will have two (2) access ways to public rights-of-way and said access ways shall be of such width and surface composition sufficient to accommodate and support firefighting equipment.

Within fire hazard areas as defined in the Township Master Plan, a fire hazard fuel break shall be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover including the use of prescribed burning as follows:

All structures shall meet the following specifications:

In the case of proposed developments of one hundred (100) units or more within a high or extreme fire hazard area shall have a two hundred (200) foot perimeter fuel break between all structures and the forest in which:

Wherever a central water supply system will serve a development, provision shall be made for fire hydrants along the streets and/or on the walls of nonresidential structures as approved by the appropriate fire district or other appropriate fire official, the Township Engineer and in accordance with Fire Insurance Rating Organization Standards.

No development shall be carried out in the Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.

All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, breeding and feeding of significant populations of fish and wildlife in the Pinelands or identified critical areas outside the Pinelands area.

The Land Use Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Section 35-11.4K5b below.

The Land Use Board shall issue all certificates of appropriateness.

Certificates of appropriateness shall be required for the following:

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6-156(b).

A cultural resource survey shall accompany all applications for development in a Pinelands Village and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan", dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys, archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance, adequate recording of the information gained and methodologies and sources used, and a list of personnel involved and qualifications of the person(s) performing the survey.

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Land Use Board.

The effect of the issuance of a certificate of appropriateness is as follows:

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity.

If archaeological data is discovered on a site at any time after construction has been commenced, notify the Land Use Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 CFR 66).

Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township or municipalities wherein the land is located.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds, and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval by the Land Use Board.

The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the development's units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within fifteen (15) days thereof, and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within fifteen (15) days or any permitted extension thereof, the Township, in order to preserve the common open space and common property or land and maintain the same for period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property and land except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property or land, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development, to be held by the Township at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year.

If the Township shall determine that such organization is ready and able to maintain said open space and property or land in reasonable condition, the Township shall cease to maintain said open space and property or lands at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property or land in reasonable condition, the Township may, in its discretion, continue to maintain said open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and property or land in accordance with assessed values at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

Lot dimensions and area shall not be less than the requirements of the Schedule of Zoning District Regulations.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved street improved to Township standards, with a right-of-way of at least fifty (50) feet. In the case of subdivisions located on existing streets approved to Township standards which do not have a right-of-way of fifty (50) feet and are not shown on the adopted Township Master Plan or Official Map as proposed for future widening, the front yard setback shall be measured from a line twenty-five (25) feet equidistant to and parallel with the existing street centerline.

Through lots with frontage on two (2) streets will be permitted only under the following conditions:

Where extra width has either been dedicated or anticipated for widening of existing streets, zoning consideration shall begin at such new street line and all setbacks shall be measured from such line.

Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the official map or master plan, and which lot existed at the effective date of this chapter, the zoning officer or construction official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

Subdivision of lots within the PPHB Pinelands Planned Highway Business District, shall include a subdivision plan for the entire tract and be conditioned on a finding that the subdivision plan for said tract of land within the said PPHB Pinelands Planned Highway Business District is ultimately utilized in such a way as to prevent: (a) Strip development of the adjoining arterial or collector roadway, or (b) the wasting of the original tract of land from becoming not capable of development based on natural conditions of the site and/or the density requirements of the Pinelands Management Plan. To this intent, all uses and development in any planned center shall be clustered in one area of less than fifteen percent (15%) of the site.

In reviewing any proposal to subdivide a lot within said PPHB Pinelands Planned Highway Business District, the Land Use Board shall determine that sufficient land is reserved for future, limited access and that future development is capable of being achieved as a commercial node or cluster with shared parking, access and other related amenities. In order to assure such development, the Land Use Board may require access from a new roadway, reverse frontage, or both.

Subdivision approval shall be conditioned on use of a new local service road(s) or shared driveway(s) to serve the new lots. Additionally, required shared use of services and amenities such as parking, sign locations, utilities and a harmony of design through lot layout, landscaping and buffering shall be required for all lots to be created from the original lot. Effectuation of these requirements shall be required through deed restrictions on the deeds of lots so created by said subdivision as well as any reserved parcel.

For proper development of the land within the Township, all new lots shall have an average length no greater than two hundred fifty percent (250%) of the average lot width, except where the width exceeds three times the zoning requirement.

No new lot shall adversely affect the development of the remainder of the parcel being subdivided or the adjoining properties. In addition, no new lot shall conflict with the provisions of the adopted Master Plan, Official Map or this chapter.

Allocation of costs; criteria in determining allocation. The allocation of costs for off-site and/or off-tract improvements, as between the applicant, other property owners, and the Township or any one or more of the foregoing, shall be determined by the Land Use Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred and the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site or off-tract improvement, the estimated time of construction of the off-site or off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-site and/or off-tract improvements shall be consistent with N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criterion the Land Use Board deems is necessary to protect the health, safety and general welfare of the Township:

Determination of cost of improvements. The costs of installation of required off-site and/or off-tract improvements shall be determined by the Land Use Board with the advice of the Township Committee and/or Township Engineer and appropriate Township or other agencies involved.

Manner of construction. When those estimates are received, the Township Committee shall then decide whether the off-site or off-tract improvement is to be constructed by:

Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one (1) of the following amounts:

Payment of allocated costs.

Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-site or off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-site or off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit or the allocated costs previously deposited with the Township Chief Financial Officer pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.

Credit for worked performed. In the event that the applicant, with the Township's consent, decides to install and construct the off-site or off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-site or off-tract improvement or portion thereof constructed by the Township in the same manner as if the developer had deposited its apportioned cost with the Township Chief Financial Officer, as provided herein.

Installation of improvements by applicant.

Compliance to design criteria. Should the applicant and the Township enter into a contract for the construction and erection of the off-site or off-tract improvements to be done by the applicant, said contract shall observe all requirements and principals of this chapter in the design of such improvements.

There shall be appropriate means of access to a street or alley, as well as sufficient area to permit on-site maneuvering and docking.

The minimum dimensions of stalls and aisles in parking facilities shall be as follows:

Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other vehicle. In addition, parking spaces within any parking areas shall be designed to provide physical barriers to prevent vehicles parked therein to touch an adjoining building, structure or planted area or to overhang or protrude into planted areas or pedestrian walkways.

The width of entrance and exit drives shall be:

The maximum width of driveways and sidewalk openings measured at the street lot line shall be thirty-five (35) feet, and the minimum width shall be twenty (20) feet for loading facilities.

For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the street line shall be limited to two (2) along the frontage of any single street, and their center lines shall be spaced at least eighty (80) feet apart in the case of loading facilities and thirty (30) feet apart for parking areas. On all corner properties, there shall be spaced a minimum of sixty (60) feet, measured at the curb line, between the centerline of any entrance or exit drive and the street line of the street parallel to said access drive.

All loading spaces and access drives shall be at least five (5) feet from any side or rear lot line.

All artificial lighting used to illuminate any loading space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring properties.

The arrangement of off-street loading spaces shall be such that no vehicle would have occasion to back out into the street.

Off-street loading spaces shall be designed and used in such a manner as to at no time constitute a nuisance or hazard or unreasonable impediment to traffic.

The screening requirements of Section 35-11.4D shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial zoning districts, and in the case of off-street parking areas of greater than ten (10) spaces, form all lots in an abutting residential zoning district, including side lots located across a street.

All planned development shall be designed to the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

Proposal for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the "Homeowners association" provisions of Section 35-11.4L of this chapter. Also, the amount, location, and purpose of common open space shall be adequate for the use intended.

The physical design of the proposed development for public services, control of vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate to comply with appropriate portions of the Master Plan, this chapter and reasonable planning design criteria.

The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed planned development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed planned development in the total completion of the project shall be found adequate and clearly defined and protected.

Said recreational area shall not be utilized for street rights-of-way, driveways, parking areas, utility stations, required buffer strips or other non-recreational or open spaces uses.

Not more than fifty percent (50%) of the total space saved shall be located in one (1) or more of the following: a floodplain, wetlands, areas with a slope greater than ten percent (10%), watercourses, bodies of water or other areas deemed unsuitable for recreational purposes due to environmental or conservation reasons made evident by the Land Use Board's review of the environmental impact of the proposed development, including any environmental impact statement which might be required by this chapter.

When the recreational and open space to be set aside as provided herein exceeds three (3) acres, at least fifty percent (50%) of the total open space shall be developed by the applicant for active recreational activities, facilities and uses which shall be found suitable to the residents of the proposed development. Activities, facilities or uses deemed appropriate and acceptable include, but are not limited to, swimming pools, tennis, basketball and volleyball courts, ball fields, tot-lots, golf courses, bicycle paths, trails and similar active recreational pursuits. The remaining portion of the required open space may, with Land Use Board approval and if warranted by the environmental impact review, be permanently devoted to one (1) or more of the following open space or land uses: parks, landscaped areas or gardens (including residents' garden plots), woodland conservation areas, game preserves, stream preservation areas, wetlands, watershed protection or floodplain areas or similar conservation areas which permit only passive recreational activities.

All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Land Use Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to sad parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Land Use Board shall find that such recreational or open space areas conform to the provisions of Section 35-9.2E and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections of this chapter.

Said recreational area or open space shall be owned and maintained by a homeowners association unless the developer or the homeowners association offers the dedication of said area or space to the Township which accepts as provided for in connection with cluster developments in Section 35-9.2F.

Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the Pinelands Area, excluding Pinelands Villages, shall be considered scenic corridors. In addition, those rivers designated in N.J.A.C. 7:50-6.105 shall be considered special scenic corridors.

Special requirements for scenic corridors:

Access - Where a driveway serves right-turning traffic from a parking area providing two hundred (200) or more parking spaces and/or the abutting road has a peak hour traffic volume exceeding one thousand (1,000) vehicles per hour, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Rural Highways, published by the American Association of State Highway Officials.

Where a driveway serves an entrance to a development providing fifty (50) or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway form any collector or arterial road. The deceleration lane is to be at least two hundred (200) feet long and at least thirteen (13) feet wide, measured from the abutting road curb line. A minimum forty (40) foot curb return radius will be used from the deceleration lane into the driveway.

Any driveways providing access from a public street or way to any permitted use or structure shall comply with the following regulation.

Bikeways - Bikeways shall be required when the Land Use Board finds provision of said bikeway(s) would be needed and utilized based upon probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route or trail adopted or established by the Land Use Board or other applicable agency.

Bikeways shall generally not exceed a grade of three percent (3%), except for short distances, and they should be a minimum of five (5) feet wide for one-way and eight (8) feet wide for two-way travel. Bikeways shall be designed and constructed in accordance with the specifications and standards of the Township Engineer.

Customer service areas - Any site plan for a development that provides for temporary stopping space on-site for vehicles of customers or patrons seeking service at a roadside business or business catering to drive-in service where the customer does not leave his vehicle, such a farm roadside stand, gasoline service station, drive-in bank, restaurant providing take-out food service or similar use, shall ensure that the stopping or maneuvering space is at least ten (10) feet removed from the right-of-way of the adjoining road or street(s). In addition, sufficient waiting or standing area for vehicles approaching the drive-in window or service area shall be provided on-site to prevent the stacking of vehicles onto the road or shoulder area within the public right-of-way.

Maneuvering space or area on-site shall be sufficient to that no vehicle must back into the street or shoulder area thereof. Any lane used exclusively for a drive-in window(s) or service area(s) shall be separate from and in addition to driveway area sufficient to permit other on-site traffic to maneuver around the site without being blocked by the customer service area standing traffic.

Sidewalks - Sidewalks shall be required along all streets and in particular within designated village area zoning districts or Pinelands Villages for major commercial, residential and industrial developments. It is the intent of this chapter that the village concept of planning, which encourages safe pedestrian traffic, be enforced for the improvement of the Township villages' safety and character. In reviewing a request for a waiver of this requirement, the Land Use Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic generators, and the general type of improvement intended. The Land Use Board shall further only grant waivers which are in accordance with the provisions, goals and objectives of the adopted Township Master Plan.

When required and unless reduced or altered in size or location by the Land Use Board, all sidewalks shall conform to the following standards:

Sight triangles - Sight triangles shall be required at each quadrant of an intersection of streets, and streets and other residential driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than thirty (30) inches above the street centerline or lower than eight (8) feet above the street centerline except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide clear sight lines within the sight triangle. All vegetation within a sight triangle shall be the maintenance responsibility of the property owner and not the Township and shall be noted in any easement to the Township, if applicable.

The sight triangle is that area bounded by the intersecting street lines and a straight line which connects "sight" points located on each of the two (2) intersecting street lines the following distances away from the intersection street lines: Such sight triangle areas at all such intersections shall be as established or defined in accordance with the provisions of the A Policy of Geometric Design of Highways, published by the American Association of State Highway and Transportation Officials, latest version.

Any proposed development requiring subdivision or site plan approval shall provide sight triangle easements at each street intersection and driveways, other than residential as classified in the below paragraph for purposes of establishing distances. In cases where a residential driveway intersects a street, as part of a minor subdivision and/or variance approval, shall be exempt from this paragraph. In the case of a site plan where actual location of driveways may not yet be established at the time of site plan approval, the Deed of Easement for the lot(s) involved in the said site plan shall contain the requirement for the establishment and maintenance of the sight triangle at the driveway intersection as required by this paragraph.

Sight triangle easements on County roads and/or affecting County roads (in the case of County road intersecting with a local street) shall be submitted to the County of Cumberland for approval and acceptance.

Sight triangle easements shall be required for any subdivision or site plan approval and such easement dedication shall be expressed on the plat or plan as follows: "Sight Triangle Easement dedicated for purposes provided for and expressed in the Land Development Regulations of the Township of Maurice River." In the case of minor subdivision approval and final recording by Deed and/or site plan approval, a separate Deed of Easement for Site Triangle shall be prepared by the applicant. All municipal sight triangle easements dedications shall be in a form acceptable to the Planning/Zoning Board solicitor and final form shall be subject to final approval of said subdivision and/or site plan. All final form of sight triangle easements shall be recorded in the office of the County Clerk prior to the Chairman of the Land Use Board affixing his/her signatures to the applicable plan.

The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Land Use Board at the time of the application for approval for a new street, not included in the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the Schedule of District Regulations.

Streets.

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except those line which are located on or adjacent to active agricultural operations.

All electric utility transmission lines shall be located within existing rights-of-way on existing towers or underground to the maximum extent practical.

No development shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of Pinelands threatened or endangered plants listed in N.J.A.C. 7:50-6.27 or other applicable Federal, State or local list of threatened or endangered plants.

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:

Applications for major development shall contain a landscaping or re-vegetation plan which incorporates the elements set forth in Subsection AA5 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 re-vegetation plans prepared pursuant to Subsection AA4 above or required pursuant to Section 35-13.11D2c of this chapter shall incorporate the following elements:

All shade trees shall have a minimum diameter of two and one-half (2 1/2) inches measured three (3) feet above the ground. Trees shall be planted in sufficient frequency to provide shade, shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety.

Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to re-establish the tone of the area to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.

Off-street parking areas located in commercial or industrial zoning districts providing parking spaces for one hundred (100) or more vehicles shall provide suitable landscaping to break the monotony of the paved area. Divider strips and buffers, islands and other such landscaped areas within parking lots or areas shall be planted with grass, shrubs, bushes and shade trees in order to alleviate an otherwise barren expanse of open, paved or parking area and unsightly appearance and as an aid to stormwater disposal. Adequate provisions shall be made to ensure that such landscaping shall be maintained in good condition. Such planting shall be designed so as not to interfere or impair solar access for any structure or use located on the same property therewith, nor to cause visual obstruction for traffic using the property involved or streets abutting same.

Open space adjacent to buildings, not surfaced such as walkways, driveways, parking areas, utility areas or other required improvements in any multi-family residential project, shall be graded and seeded to provide a thick stand of grass or other ground cover material. Suitable and sufficient landscaping with trees and shrubs shall be provided for each dwelling units as approved by the Land Use Board. Once again care shall be taken to prevent interference with solar access to structures or units either now or in the future as plants and trees grow.

All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater shall be protected. Except as specifically authorized in this Section, no development which degrades surface or groundwater quality or which establishes new point sources of pollution shall be permitted.

The following point and non-point sources may be developed and operated in the Pinelands:

The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

A diversion within the Pinelands Area portion of Maurice River Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at paragraphs a and b below, or outside of either basin, shall be prohibited.

A diversion within the Pinelands Area portion of Maurice River Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at paragraphs AD2a and b above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at paragraph AD4 below.

Within the Pinelands Area portion of Maurice River Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at paragraphs AD4c through f below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, County and/or State of New Jersey agency having approval authority and shall be subject to their approval.

The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.

Water supply facilities and systems shall be provided and installed in accordance with the specifications of this chapter and as required and approved by the Township Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the appropriate State agency and the Township of Maurice River. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Land Use Board, the Board may waive the requirement that water supply systems and facilities be installed to connect to or with a public system or facilities.

In those cases where a public water supply facility or system is not presently available and the site of the proposed development is unsuitable and unsafe in terms of public health, for individual, on-site water supply facilities, as determined by the New Jersey Department of Environmental Protection and Energy, Department of Health or other appropriate agency, an on-site "community" water supply system approved by the New Jersey Department of Environmental Protection and Energy and the Township of Maurice River governing body, shall be installed. Said on-site system shall be provided in addition to the required installation of water supply facilities for those areas expected to be provided with public water supply facilities or systems within a reasonable period of time.

Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Appropriate and necessary testing within reason of land(s) proposed for development may be required by the Land Use Board so as to determine the suitability of the site, the proper location and evidence the site can provide for adequate water supply. Individual wells shall be designed and installed in accordance with the requirements and standards of the Township, County and/or State agency having appropriate jurisdiction.

Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized in this Section.

Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of Section 35-11.4AF12 of this chapter.

Beekeeping shall be permitted in all wetlands.

Forestry shall be permitted in all wetlands subject to the requirements of Section 35-8.5 of this chapter.

Fish and wildlife management and wetlands management shall be permitted in wetlands, 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 wetlands as set forth in Section 35-11.4AF13 below.

Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands, provided that this use will not result in a significant adverse impact and conforms to all State and Federal regulations.

Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that:

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

No development within the Pinelands Protection Area shall be carried out within three hundred (300) feet of any wetlands unless prior approval has been obtained from the New Jersey Pinelands Commission.

No development outside the Pinelands Protection Area shall be carried out within one hundred fifty (150) feet of any wetlands unless prior approval has been obtained from the New Jersey Department of Environmental Protection and Energy.

Agricultural and horticultural use, as defined in Section 35-3.3 of this chapter and limited by Section 35-11.4AF12.

A significant adverse impact shall be deemed to exist where it is determined 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:

Determination under Section 35-11.4AF12 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.

Applicability. This subsection is applicable wherever nonresidential land use is existing or proposed for development, regardless of the zoning district which the use is located within.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered, and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant or animal life on neighboring uses. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.

Airborne emissions. In all districts, no use, activity, operation, or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, NJDEP. Specifically, no use, activity, operation, or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation, or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.

Noise emissions.

Storage and waste disposal. In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the NJDLI or the Fire Code of the National Fire Protection Association, whichever is more restrictive.