For purposes of this ordinance, and in accordance with N.J.A.C. 16:62, an "airport" is any area of land or water, or both, designed and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or landing strip.

Airport facilities shall be permitted to include runways, taxiways, a heliport, hangars for the inside shelter, service and repair of aircraft, tie-down areas for the securing of aircraft outdoors, a fueling area, a retail shop for selling items relating to aviation, offices necessary for the operation of the airport and ancillary aviation services, a waiting room, and dining facilities.

The minimum lot area devoted to an airport shall be 50 acres and the minimum lot frontage shall be 200 feet.

All existing development on the subject airport lands shall be permitted to remain and shall be deemed conforming, notwithstanding any other provision of this ordinance.

Any and all development on the subject airport lands occurring after the date of adoption of these regulations shall conform to the following:

Establishment of the Airport Hazard Area. There is established in the Township of Medford an Airport Hazard Area, as delineated on the Township Zoning Map pursuant to N.J.A.C. 16:62 adopted March 20, 1985 by the New Jersey State Department of Transportation in order to implement the Air Safety and Hazardous Zoning Act of 1983, as supplemented May 15, 1989.

Definitions.

Permitted Uses in the Airport Hazard Area. All uses listed hereinbelow are permitted only if also permitted in the underlying zone districts and only if in accordance with the applicable requirements of this ordinance:

Prohibited Uses in the Airport Hazard Area.

Vertical Development Restrictions.

Specific Conditions and Requirements. The Airport Hazard Area is an area of specified dimensions as provided for within this subsection and indicated on the Township Zoning Map. All permitted uses upon lands within the Airport Hazard Area shall conform to the applicable zoning requirements of the zoning district in which the lot is located in addition to the provisions specified herein. Where the provisions of the Airport Hazard Area are more restrictive than the requirements of the underlying zone district, the Airport Hazard Area provisions shall apply.

An application for a car wash shall satisfy all procedural requirements and standards for site plan review and also shall include appropriate off-tract information to permit the Planning Board to make an informed decision as to whether the requirements set forth in Subsection 602.A.2 and 602.A.3 hereinbelow have been met.

The Planning Board shall be satisfied that the proposed development will be in harmony with adjacent activities and land uses. The proposed development also shall be compatible with the Master Plan of Medford Township and specific studies contained therein relating to site design both on and off the tract.

The Planning Board shall be satisfied that the off-tract circulation is adequate for the movement of people and goods, whether in vehicles or pedestrian or by bicycle or other means. The Planning Board must make a specific determination that the access to and from the tract is adequate, and that the adjacent road system is capable of accommodating the proposed traffic load, particularly during peak hours.

The Planning Board shall be satisfied that the applicant has taken into consideration the physical constraints of the tract, including topography, drainage, soil conditions and existing vegetation.

The Planning Board shall be satisfied that on-tract circulation is adequate, safe and efficient for all users and vehicles, including pedestrians, automobiles, delivery vehicles, emergency vehicles and service vehicles.

A car wash shall satisfy the following requirements in addition to requirements otherwise applicable in the zoning district:

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

All child care centers shall be located on the first floor of a building and may be extended to the second floor of a building; basements and cellars may only be used for ancillary storage of equipment and materials.

A minimum of 100 square feet per child of outdoor space adjacent the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways.

The hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.

Child care centers shall provide one parking space per employee plus one additional parking space for every eight children. Adequate space shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.

Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which it is to be located. The location of any child care center shall be appropriately situated in relation to the use or area it is intended to serve.

Where a child care center is provided as an accessory use to a principal use located on the same lot, regardless of whether the child care center is situated as part of a principal building or as the entire use of an accessory building, the gross floor area devoted to the child care center shall be considered "common area" for purposes of determining the maximum permitted floor area ratio and lot coverage. The floor area occupied by the child care center shall be excluded in calculating any parking requirement for the principal use and the permitted square footage of the principal use provided, however, that the parking requirements for child care centers are in addition to the parking requirements of the principal use.

Where a child care center is provided as a principal use as permitted in this ordinance, the following area and yard requirements shall apply:

Adequate landscape screening shall be provided along lot lines common with residential uses or districts, where applicable.

One unlighted sign not exceeding 30 square feet in area and 10 feet in height is permitted. The sign shall be set back at least 25 feet from all street and property lines.

No outside area designated for play or utilized by the children as a "waiting" area shall be within the one-hundred-year floodplain, wetlands, or wetlands buffer.

Any child care center shall comply with all State standards and licensing requirements.

All other applicable requirements of this ordinance shall apply.

An application for a fast food restaurant shall satisfy all procedural requirements and standards for major site plan review specified in § 800 of this ordinance and also shall include appropriate off-tract information to permit the Planning Board to make an informed decision as to whether the requirements set forth in Subsections 602.D.2 and 602.D.3 hereinbelow have been met.

The Planning Board shall be satisfied that the proposed development will be in harmony with adjacent activities and land uses. The proposed development shall also be compatible with the Master Plan of Medford Township and specific studies contained therein relating to site design both on and off the tract.

The Planning Board shall be satisfied that the off-tract circulation is adequate for the movement of people and goods, whether in vehicles, pedestrian, by bicycle or other means. In the event that a proposed fast-food restaurant is to be located within 1,500 feet of another fast-food restaurant, the Planning Board must make a specific determination that the access to and from the tract is adequate, and that the adjacent road system is capable of accommodating the proposed traffic load, particularly during peak hours.

The Planning Board shall be satisfied that the applicant has taken into consideration the physical constraints of the tract, including topography, drainage, soil conditions and existing vegetation.

The Planning Board shall be satisfied that on-tract circulation is adequate, safe and efficient for all users and vehicles, including pedestrian, bicycle, automobile, delivery vehicles, emergency vehicles and service vehicles. In no event shall a drive-through window be located so as to interfere with parking provisions.

A fast-food restaurant shall satisfy the following requirements in addition to requirements otherwise applicable in the subject zoning district:

The following are the only permitted home occupations:

If permitted, home occupations shall meet all of the following standards and conditions:

It is the intent of the Home Occupations Subsection F.1 and 2 to regulate a formal business operating at a home in conjunction with the homeowner's residential use of the property, not an individual working remotely at home.

Nothing herein shall be deemed or interpreted to prevent, prohibit or require any approval for an individual working from home with a "virtual office", provided that:

The application shall follow all procedures, requirements and standards for major site plan approval specified in § 800 of this ordinance.

A statement setting forth the need for and particulars on the operation of the structures and use shall be filed with the Planning Board.

In order to approve an application for a hospital, philanthropic or eleemosynary use, the Planning Board must conclude that the proposed use in the specific location is necessary and will service the community.

The property proposed to be occupied by the use shall have a minimum lot area of five acres; minimum front, rear and side yard areas each shall be 100 feet; and the maximum lot coverage shall not exceed 25% of the lot.

Off-street parking shall be provided at the ratio of 1.5 spaces for every bed.

All other applicable requirements of this ordinance shall apply.

The applicant shall follow all procedures, requirements and standards for major site plan approval specified in § 800 of this ordinance.

In order to approve an application for an institutional use, the Planning Board must conclude that:

All other applicable requirements of this ordinance shall apply.

For purposes of this ordinance, "Parochial, Private Or Public Schools" may include institutions of higher learning, but shall not include trade or business schools.

The applicant shall follow all procedures, requirements and standards for major site plan approval specified in § 800 of this ordinance.

The applicant shall submit a statement which shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.

Elementary schools shall provide parking at the ratio of two spaces for each classroom, but not less than one space for each teacher and staff; intermediate schools shall provide parking at the ratio of 1.5 spaces for each classroom, but not less than one space for each teacher and staff; and secondary schools shall provide parking at the ratio of 2.5 spaces for each classroom, but not less than two spaces for each teacher and staff.

These requirements may be increased if, in the judgment of the Planning Board, the unavailability of bus service, the particular location of the subject property, and/or the relatively high percentage of pupils driving or anticipated to be driving cars to the school make such increased requirements desirable.

No driveways shall open onto a public street within 75 feet of an intersection of such street with another public street.

Illumination for night athletic activities shall be shielded from illuminating adjoining streets and residential areas.

The applicant shall follow all procedures for major site plan approval specified in § 800 of this ordinance.

In order to approve an application for a Pinelands resource related use, the Planning Board must conclude that:

All other applicable requirements of this ordinance shall apply.

The applicant shall follow all procedures, requirements and standards for major site plan approval specified in § 800 of this ordinance.

The proposed use is a bona fide nonprofit religious use.

The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights; that the design of any structure(s) to be erected in connection with such use are in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs and lawn, are provided to appropriately buffer the said use from adjoining residential properties and to ensure an attractive appearance for the use.

The buildings will not occupy more than 25% of the lot area, that all of the requirements as set forth in this ordinance for the zone in which it is to be located are observed, that such use will not be a substantial detriment to the surrounding property values, and that the structure or use proposed will serve a useful purpose to the general welfare of the Township.

Off-street parking shall be provided at the ratio of one space for every three seats.

For purposes of this ordinance, the term "Public Utilities" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public such as sewage treatment plants, but shall exclude dumps, sanitary landfills, service yards and storage yards.

The proposed installation in a specified 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 located.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

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 Code in effect at the time of construction.

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.

For purposes of this ordinance, the term "Quasi-Public And Recreational Buildings" shall include and be limited to clubhouses, playgrounds, swimming pools, tennis courts and other such activities operated by nonprofit membership organizations.

The applicant shall follow all procedures, requirements and standards for minor site plan approval specified in § 800 of this ordinance.

A statement setting forth the need for the operation of the use and a complete list of the charter membership, including names and resident addresses, shall be filed with the Planning Board.

No buildings, structures or active recreation facilities shall be located within 100 feet of an adjacent residential property line.

In order to approve an application for a quasi-public and recreational building, the Planning Board must conclude that:

Except as otherwise authorized in this ordinance, the extraction of mineral resources other than sand, gravel, clay and ilmenite is prohibited. New resource extraction operations shall be permitted only in the PI Planned Industrial District. Resource extraction operations that were in operation on August 8, 1980 may be continued if said operation obtained development approval from the Pinelands Commission on or before February 20, 1981.

No approval for resource extraction shall be issued for a period exceeding two years.

All applications for "resource extraction" approval shall include, in addition to the submission requirements for minor site plans in § 803.B of this ordinance, the following information:

Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:

All parcels of land which are used for resource extraction operations shall be restored as follows:

Forest Area. Single-family detached dwellings on lots of one acre or more existing as of January 14, 1981 shall be permitted in the FD District, provided that:

Rural Development Area. Single-family detached dwellings on lots of one acre or more existing as of January 14, 1981 shall be permitted in the RGD-2 and RS-2 Districts, provided that:

"Conference Facilities" shall only be permitted as an accessory use to an existing "Quasi-Public Campground Activity" permitted in the PPE District and consisting of at least 500 acres in area. The specific land area meeting this criteria in Medford Township at this time is the YMCA Camp Ockanickon which primarily consists of Lot 1 in Block 5101.01 (approximately 509.3 acres) as indicated on the Township Tax Assessment Maps.

Only that portion of the YMCA Camp Ockanickon noted on Detail #4 on the Township Zoning Map as "Area #1" may contain the "Conference Facilities."

"Conference Facilities" may include facilities for meetings, conferences and seminars as well as related facilities for sleeping, eating and recreation.

The "Conference Facilities" and all other facilities generating wastewater within "Area #1" indicated on Detail #4 on the Zoning Map shall be served by a public wastewater treatment plant and collection system in accordance with § 524.A of this ordinance. No such sewer service shall be permitted until and unless all of the requirements for "Conference Facilities" as specified in this ordinance are met.

All existing and proposed facilities within "Area #2" indicated on Detail #4 on the Zoning Map shall be served by individual on-site septic wastewater treatment systems in accordance with Subsection 521.M.2.b(4) of this ordinance. No public sanitary sewer shall be permitted to service any facilities within "Area #2" except as provided for in Subsection 521.M.2.b(2) of this ordinance.

No newly proposed building or parking area shall be located closer than 150 feet from any tract boundary line.

No newly proposed building and no addition to an existing building shall exceed 35 feet and 2 1/2 stories in height.

The maximum floor area ratio (F.A.R.) of all buildings on the total tract (i.e., "Area #1" and "Area #2") shall not exceed 0.015, and the maximum aggregate amount of the total tract covered by buildings, structures, parking areas and driveways shall not exceed 5% of the total tract's area.

The "Minimum Off-Street Parking" and "Permitted Signs" provisions otherwise specified in § 409 for uses within the PPE District shall apply.

Lighting on-site shall be minimal and shall be provided primarily for safety purposes.

The existing vegetation on-site shall be maintained to the greatest extent practical and, additionally, the Planning Board may require new plantings for purposes of screening areas of the tract from adjacent properties where such areas contain structures or are used for activities which could have an adverse impact upon the adjacent properties.

All other applicable requirements of this ordinance shall be met.

Major site plan review and approval by the Planning Board shall be required in accordance with § 804 of this ordinance.

The entirety of the tract (i.e., "Area #1" and "Area #2") shall be the subject of the site plan submission and the submitted plan shall clearly demonstrate that the primary use of the property will be limited to the existing "Quasi-Public Campground Activity" and that the "Conference Facilities" within "Area #1" are found by the Planning Board to be accessory and subordinate to the campground use.

Planning Board approval of the submitted site plan shall be contingent upon the deed restriction of "Area #1" to "any use which under lawful regulations requires sewers" and the deed restriction of "Area #2" to no other use than the "Quasi-Public Campground Activities" as permitted by this ordinance and approved by the Township. For the purposes of this ordinance Section, "Quasi-Public Campground Activities" shall be limited to "Campsites," "Fish And Wildlife Management" and "Low Intensive Recreational Facilities" as defined in § 200 of this ordinance. No "Conference Facilities" shall be permitted within "Area #2."

Upon the termination of the Quasi-Public Campground Activity use in the YMCA Camp Ockanickon and only upon 60 days' notice to the governing body of the owner's intent to terminate said use, the permitted uses, and all other requirements shall thereafter be as set forth in § 404 of the Land Development Ordinance herein, as those uses and requirements solely pertain to the "Reserve Growth District-2."

Limited retail uses are those specified for districts, e.g., RHC (Restricted Highway Commercial), planned as transitional areas between "heavier" commercial districts, and residential districts. It is the goal of this section to allow low density nonresidential uses that are compatible with existing neighboring residential development and to prohibit retail uses that generate significant negative impacts, e.g., traffic volumes, sound impacts, or increased lighting intensity, from relatively small structures, i.e., convenience stores that are incompatible with existing neighboring residential development.

Traffic Generation: No site development with retail/service use(s) shall have potential to generate more than average rate of 11 vehicular trips per 1,000 square feet of gross leasable area during any weekday morning, afternoon/evening or weekend peak traffic hour, as evidenced by traffic generation statistics published in the International Transportation Engineers (ITE) Manual.

Uses shall be limited to:

An application for limited retail uses shall satisfy all procedural requirements and standards for major site plan review specified in § 800 of this ordinance and also shall include appropriate off-tract information to permit the Planning Board to make an informed decision as to whether the requirements set forth hereinbelow have been met.

The Planning Board shall be satisfied that the proposed development will be in harmony with adjacent activities and land uses. The proposed development shall also be compatible with the Master Plan of Medford Township and specific studies contained therein relating to site design both on and off the tract.

The Planning Board shall be satisfied that the off-tract circulation is adequate for the movement of people and goods, whether in vehicles, pedestrian, by bicycle or other means. In the event that a proposed limited retail use is to be located within 1,000 feet of another retail use, the Planning Board must make a specific determination that the access to and from the tract is adequate, and that the adjacent road system is capable of accommodating the proposed traffic load, particularly during peak hours.

The Planning Board shall be satisfied that the applicant has taken into consideration the physical conditions of the tract, including topography, drainage, and soil conditions. Existing vegetation shall be preserved to the greatest extent possible.

The Planning Board shall be satisfied that on-site circulation is adequate, safe and efficient for all users and vehicles, including pedestrian, bicycle, automobile, delivery vehicles, emergency vehicles and service vehicles. In no event shall a drive-through window be permitted.

A limited retail use shall satisfy the following requirements in addition to requirements otherwise applicable in the subject zoning district:

An application for a cemetery shall satisfy all procedural requirements and standards for major site plan review specified in § 800 of this ordinance and also shall include appropriate off-tract information to permit the Reviewing Board to make an informed decision as to whether the requirements set forth in § 412 have been met. In addition, a statement setting forth the need for and particulars on the operation and maintenance of the cemetery structures shall be filed with the Reviewing Board.

The minimum parcel size for a cemetery shall be eight acres. The Reviewing Board shall be satisfied that the proposed development will be in harmony with adjacent activities and land uses. The proposed development shall also be compatible with the Master Plan of Medford Township and specific studies contained therein relating to site design both on and off the tract.

Definitions, regulations and procedures as provided in the New Jersey Cemetery Act shall apply.

The Reviewing Board must make a specific determination that the access to and from the tract is adequate, and that the adjacent road system is capable of accommodating the proposed traffic.

The Reviewing Board shall be satisfied that the applicant has taken into consideration the physical constraints of the tract, including topography, groundwater, drainage, soil conditions and existing vegetation.

The Reviewing Board shall be satisfied that on-tract circulation is adequate, safe and efficient for all users and vehicles, including pedestrians, automobiles, processional vehicles, emergency vehicles and service vehicles.

The hours of operation shall be limited to sunrise to sunset.

Appropriate fencing or other screening shall be provided around the perimeter of the site used as a cemetery.

The Planning Board finds that:

Minimum lot size requirements:

Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter "Uniform Construction Code"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Township of Medfored" (hereinafter "these regulations").

Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in Subsection B of these regulations.

Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Medford administer and enforce the state building codes, the Township Council of the Township of Medford does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with Subsection C.14, Substantial improvement and substantial damage determinations, of this § 603.

Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, state, or federal law.

Violations and penalties for noncompliance.

Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this § 603 or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

Establishment of flood hazard areas.

Establishing the local design flood elevation (LDFE).

Floodplain Administrator designation. The Municipal Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection G of these regulations.

Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

Duties. The duties of the Floodplain Administrator shall include but are not limited to:

Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

Determination of local design flood elevations.

Requirement to submit new technical data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

Development in riparian zones. All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this § 603 unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this § 603. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.

Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this § 603 or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation or any ordinance or code of this jurisdiction.

Information for development in flood hazard areas.

Information in flood hazard areas without base flood elevations (approximate Zone A).

Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

Buildings and structures. The Construction Official shall make or cause to be made inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.

General. The Zoning Board of Medford Township shall hear and decide requests for variances. The Zoning Board of Medford Township shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection G.5, the conditions of issuance set forth in Subsection G.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Medford Township has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

Historic structures. A variance to the substantial improvement requirements of this § 603 is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this § 603, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection E.3.a of these regulations.

Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

Conditions for issuance. Variances shall only be issued upon:

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

Review period to correct violations. A 30-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Fees to compensate the Township for the expense of processing applications for development permits within the special flood hazard area (SFHA) shall be paid with the application.

General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

Definitions.

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection E.3.a of these regulations that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Subsection E.3.a is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection P.2 of this § 603 and the floodway requirements of N.J.A.C. 7:13.

Prohibited in floodways. The following are prohibited activities:

Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR Part 3280).

Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection P.2.

Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR 3285.302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.

Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection P.2.

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection P.2 of these regulations.

Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Subsection P.2 for habitable buildings and Subsection M.3.

Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

Requirements for habitable buildings and structures.

Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection E.3.a of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Subsection G of this § 603.

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection E.3.a of these regulations and N.J.A.C. 7:13.

Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection E.3.a of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

Roads and watercourse crossings.

Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of Subsection E.3.a of these regulations.

Utility and miscellaneous Group U. In accordance with Section 312 of the International Building Code, utility and miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Subsection B.3.

Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Subsection B.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection P.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in Subsection B.3.

Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Subsection B.3.

No height limitation in this ordinance shall apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: silos, barns and other agricultural structures, church spires, cupolas, domes, water towers, fire observation towers, electric transmission lines and supporting structures, flagpoles or aerials, and similar structures to be placed above the roof level and not intended for human occupancy; provided, however, that the height of any tower or similar structure shall not exceed the distance from the nearest property line to the base of the tower or structure, except in the case of amateur radio antenna support structures which may be located on a lot in accordance with § 531 of this ordinance.

In the Pinelands Area, no height limitation in this ordinance shall apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

Ramps or other structures or equipment needed to permit a disabled person to more easily gain access to a residence other than a multifamily structure are exempt from required setback distances, provided that the improvement is no closer than three feet to a side or rear property line or five feet from a front property line, i.e., street line. The design of the structure must be reviewed by the Construction Official for compliance with the Uniform Construction Code and to confirm that it is designed in a manner to minimize the intrusion into the required yard. Zoning review and construction permits are required; however, all applications are to be handled in an expedited manner.

The designation of the building in an Historical District shall not prevent the installation of ramps for disabled access, although the owner should use best efforts to preserve the historical appearance of the structure. No approval before the Historic Advisory Board is necessary for this exception.

Despite construction methods, ramps installed under this exception shall be considered temporary improvements and shall be removed within six months from the termination of the need for the feature. If the improvement is not removed, the property owner shall apply to the Zoning Board to amend the site plan to achieve a variance for continued use. In any modification affecting a building in the Historic District, approval by the Historic Advisory Board shall be mandatory before the ramp is given permanency status.

Said ADA improvements granted and constructed shall not count towards the lot coverage calculation.

(Reserved)[1]

Adult Activities.

Junkyards. Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof or of any material whatsoever, is specifically prohibited.

Used Car Lots. For purposes of this ordinance Section, "used car lots" shall mean the operating or causing to be operated of any business for the selling, exchanging, leasing, renting or otherwise disposing or using of used or secondhand motor vehicles; provided, however, that this Subsection shall not be deemed or interpreted to prohibit the sale of used motor vehicles as an accessory use incident to and consistent with the sales, rental or exchange of new motor vehicles in zoning districts in Medford Township where new motor vehicles are sold, exchanged, leased or rented as a permitted, primary use. Moreover, nothing herein shall be interpreted to prohibit the sale or exchange of a used or secondhand motor vehicle in a residential zone by any individual living in that residential zone and to whom the used or secondhand motor vehicle is titled; provided that only one vehicle may be sold from the property at any one time.

Towing Stations. For purposes of this ordinance Section, "towing stations" shall mean the operating or causing to be operated of any business of towing or removing wrecked or disabled motor vehicles from any location in Medford Township; provided, however, that this Subsection shall not be interpreted or construed to prohibit the operation of a towing station, as herein defined, as an accessory use to a service station, where the primary business of said service station is the dispensing or sales of vehicular fuels and where such service station is a permitted use.

Amusement Parks, Kiddie Lands and Rides. For purposes of this ordinance Section, "amusement parks, kiddie lands and rides" shall mean the operating or causing to be operated of any business, whether in the open or under cover, maintained for the amusement and entertainment of children, wherein any admission is charged and rides or other amusement devices are offered for use of children, and these provisions shall be deemed to prohibit any circus, sideshow and concession operating in conjunction with a circus; provided, however, that these provisions shall not be deemed to prohibit temporary fund raising events sponsored by a non-profit organization, as such temporary fund raising events may be specifically approved by the Township Council.

Heavy Industrial-Type Uses. All heavy industrial-type uses including, but not limited to, the following are prohibited:

Trailers. Trailers and other stationary structures of a similar nature for storage, warehouse space, sales area or other use for commercial purposes are prohibited, except where expressly permitted elsewhere in this ordinance.

Pinelands Development Credits (PDCs) are hereby established at the following ratios:

The allocations established in C.1.a and C.1.b hereinabove shall be reduced as follows:

The owners of parcels of land which are smaller than 39 acres shall have fractional Pinelands Development Credits at the same ratio established in Subsections 607.C.1.a and 607.C.1.b hereinabove.

Notwithstanding the provisions of Subsections 607.C.1 and 607.C.2 hereinabove, the owner of record of 0.1 or greater acres of land in the Pinelands Preservation Area, Agricultural Production Area or Special Agricultural Production Area as of February 7, 1979 shall be entitled to 0.25 Pinelands Development Credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979 and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this section shall also apply to owners of record of less than 0.1 acres of land in the Pinelands Preservation Area, Agricultural Production Area or Special Agricultural Production Area, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsections 607.C.1 and 607.C.2 above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.1 of an acre.

The bonus density of land for which a Pinelands Development Credit or Credits are used shall not exceed the maximum density for the zoning district in which the property is located, as established in § 400 of this ordinance.

Pinelands Development Credits may be aggregated from different parcels in securing a density bonus for a single parcel of land in the GMS Growth Management South District, the GD Growth Management District, the VRD Village Residential District, the RHO Residential Home Occupation District, the HM Highway Management District or the HVR Historic Village Residential District.

No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 808.D.3 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection E.4 hereinbelow by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

Notwithstanding the provision of Subsection E.1 hereinabove, an owner of property from which Pinelands Development Credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands Development Credits for that property is reduced by 0.25 Pinelands Development Credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

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

Such deed restriction shall specify the number of Pinelands Development Credits sold and that the property may only be used in perpetuity for the following uses:

To permit development of parcels of land in the GMS, GD, HM, HVR, VRD, RGD-1 and RHO Districts according to the density and lot area requirements set forth in §§ 403.D, 410.B, 414.D, 415.D and 416.D of this ordinance;

When a variance of density or minimum lot area requirements for the GMS, GD, HM, RGD-1, RS-1, HVR, VRD or RHO Districts is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;

When a variance or other approval for nonresidential use not otherwise permitted in the GMS, GD, VRD or HVR Zones is granted by the Township, Pinelands Development Credits shall be used at 50% of the maximum rate permitted for Pinelands Development Credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

When a variance or other approval for a residential use in the HC-1, HC-2, HM, CC, RC, RHC, PI or HVC Zones is granted by the Township, Pinelands Development Credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

When a variance for cultural housing is granted by the Township in accordance with Subsections 408.A.12, 417.A.15 or 418.A.8 of this ordinance; and

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

Prior to the approval of any planned development, the Planning Board shall find the following facts and conclusions, as required in N.J.S.A. C:55D-45:

"Residential Clusters" are permitted in the GMN, GMS, GD, RGD-1, RS-1, and AR Districts on tracts of land at least five acres in area.

Easttown Planned Developments are permitted on tracts of land at least 130 acres in area on that portion of the VRD District specifically indicated on the Zoning Map.

Senior Citizen Planned Developments are permitted on tracts of land at least 100 acres in area on that portion of the AR District specifically indicated on the Zoning Map.

Purpose. The basic purpose of permitting the development of Residential Clusters is to provide a method of developing land which creates desirable open space, conservation areas, floodplains, school sites, recreation areas and parks by permitting the reduction of lot sizes without increasing the number of residential lots otherwise permitted and feasible to be developed.

Permitted Uses on the Land and in Buildings.

Maximum Number of Dwelling Units Permitted. The maximum number of dwelling units permitted in a Residential Cluster is the number of dwelling units which could be constructed on the tract if the tract were being developed as a "conventional development" in conformance with the zoning regulations set forth in § 400 for the zoning district in which the tract is located and in conformance with other related provisions of this ordinance, with no "variances" or "waivers" required.

The applicant shall submit a schematic test subdivision for a "conventional development" for purposes of demonstrating the number of units which could be produced under a "conventional development," unless the Planning Board, upon recommendation by its staff, determines that a more detailed submission is required.

The Planning Board staff shall evaluate the submitted test subdivision for the "conventional development" and shall reach a consensus regarding the total number of residential lots that could be developed on the subject tract without utilizing the "Residential Cluster" optional Ordinance provisions. In its evaluation of the submitted test subdivision for the "conventional development," the staff shall not count lots which reasonably can be concluded to be practically unusable for residential construction because of environmental constraints and, additionally, the staff shall not count lots which would require "variances" from the ordinance provisions governing "conventional development."

The consensus of the Planning Board staff regarding the total number of residential lots that could be developed on the subject tract without utilizing the "Residential Cluster" optional Ordinance provisions shall be reported to the Planning Board, and the Planning Board either shall agree with the consensus of its staff or, based upon testimony offered to the Planning Board, reach an alternate conclusion.

Once a conclusion is reached by the Planning Board as to the total number of residential lots that could be developed on the subject tract as a "conventional development," that total number of residential lots shall not be exceeded in a "Residential Cluster" Development, provided that the total number of residential lots does not exceed the following densities for the zoning district in which the tract is located.

Area and Yard Requirements for Individual Lots in a Residential Cluster Development.

Minimum Off-Street Parking.

(Reserved)[1]

Recreational Facilities and Open Space Requirements.

Purposes. In order to encourage the sound utilization of land and other natural resources, the efficient provision of public services, a broader range of housing, accessible services and employment opportunities, a compatible mix of residential, commercial and recreational land uses which will improve traffic circulation and reduce traffic congestion and which will promote a strong sense of neighborhood and community pride, the Easttown Planned Development ordinance provisions are enacted for the following purposes:

Principal Permitted Uses on the Land and in Buildings. The total gross acreage of the Easttown Planned Development which is included in the subject application shall specifically be apportioned among the following five principal uses (residential dwelling units; commercial uses; a country inn; civic uses; and open space). For purposes of density and floor area calculations only, the land area apportioned to the open space use may be further apportioned among the other four principal uses.

Accessory Uses Permitted.

Maximum Building Height. No building shall exceed 35 feet and 2.5 stories in height except as follows:

Area and Distance Requirements.

Minimum Off-Street Parking.

Minimum Off-Street Loading. All nonresidential buildings shall be provided adequate space in appropriate locations for off-street loading and unloading, with adequate ingress and egress and with adequate space for maneuvering. Loading and unloading activities ordinarily shall occur at the side or rear of a building, and loading and unloading from a street is discouraged and must be specifically approved by the Planning Board. Each designated loading space shall be in accordance with the provisions specified in § 520 of this ordinance. The method and location of loading and unloading for each commercial and hotel/country inn building shall be specifically addressed as part of the application for development submitted to the Planning Board for approval.

Permitted Signs.

"Mt. Laurel" Housing Requirements. The developer of the Easttown Planned Development shall be responsible for his or her share of "low" and "moderate" income housing as discussed and defined in the "Mt. Laurel II Supreme Court Decision (So. Burlington Cty. N.A.A.C.P. v. Mt. Laurel Tp.. N.J 158 (1983).

Specifically, 60 units of the total number of residential dwellings (including the "Residential Flats") within an Easttown Planned Development shall be subsidized or otherwise made affordable to "low" and "moderate" income households as required by the New Jersey Council On Affordable Housing.

General Requirements.

Requirements For Pineland Development Credits. If the total number of dwelling units (single-family detached, townhouses, apartments and residential flats) within the Easttown Planned Development exceeds 352 dwelling units, 1/4 Pineland Development Credit shall be required for each dwelling unit in excess of the 352 number.

Purposes. The purposes of permitting the Senior Citizen Planned Development is to provide for the controlled development of a planned mixture of retail commercial uses and residential dwelling units served by public water and public sewage treatment facilities, with the residential units including single-family detached dwellings, housing units for senior citizens, an "Assisted Care Facility" for senior citizens, and the specific provision of a minimum 17 units made affordable to "low" and "moderate" income "Senior Citizen" households as required by the New Jersey Council On Affordable Housing.

Principal Permitted Use on the Land and in Buildings. The total gross acreage of the Senior Citizen Planned Development which is included in the subject application shall specifically be apportioned among the following three principal uses (senior citizen housing; single-family detached dwellings; and a shopping center):

Provisions Applicable to the Senior Citizen Housing.

Provisions Applicable to the Single-Family Detached Dwellings.

Approval Process. The Senior Citizen Planned Development shall be conceived, designed, subdivided, site planned and approved by the Planning Board as a single entity. All uses shall be developed in a planned and orderly sequence as approved by the Board.

Purpose. A continuing care retirement community (CCRC) district is hereby established for age-restricted planned development designed to provide a variety of housing types to meet the diverse housing and health care needs of the aging population at appropriate densities. Dwelling units in the CCRC are intended for adults, 55 years of age or older, and contain a variety of housing types and services to satisfy a range of life-styles. Housing developed pursuant to this ordinance shall require a set-aside for affordable housing consistent with the regulations of the Council On Affordable Housing ("COAH").

Definitions.

Permitted and Accessory Uses.

Bulk and Area Regulations for the CCRC Planned Developments.

Parking Requirements.

Design Standards for the CCRC.

Signs. The following signs and the accompanying design standards shall be permitted in CCRC developments within the property of the tract:

The amount and type of open space required in a particular residential development shall be as prescribed in § 400 of this ordinance for the particular zoning district in which the residential development is located, or as prescribed in § 608 of this ordinance in the case of Residential Clusters or the Easttown Planned Development.

In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

The Planning Board shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

Should the proposed development consist of a number of development stages, the Planning Board may require that open space acreage proportionate in size to the development stage being considered for final approval for that particular development stage, even though these lands may be located in a different section of the overall development.

Open space may be offered by deed to the Township or dedicated as common open space to a Homeowners' Association or other open space organization.

Facility Requirements. The following shall be the minimum active recreation requirements based on the number of approved residential units, unless alternate recreational facilities are specifically approved by the Board for good cause shown. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.

Monetary Contribution in Lieu of Construction of Recreational Facilities. In lieu of construction of the recreational facilities required by Subsection 609.B.1 hereinabove, the developer may elect, with approval by the Planning Board or Zoning Board of Adjustment, as the case may be, to make a contribution of $1,000 per residential unit to a Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of passive or active recreational facilities for use by the residents of Medford Township.

It is expressly understood that the contribution of $1,000 per unit shall be adjusted annually on February 1 of each year, based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers as published by the United States Bureau of Labor Statistics; said increase to reflect the Consumer Price Index increase, if any, from the prior year. Said contribution shall be paid at the time of final approval. The land required to be used for active recreation pursuant to § 609.A and elsewhere in this ordinance shall thereafter be used for passive recreation, unless the Township elects to construct active recreation facilities thereon at the Township's expense.

Purpose. Coastal and inland wetlands constitute a vital element of the ecological character of the Pinelands Area. They are critical habitats for many threatened and endangered plant and animal species and play many other important roles including the maintenance of surface and ground water quality. "Coastal Wetlands" shall be as defined in N.J.A.C. 7:50-6.4 of the Pinelands Comprehensive Management Plan, and "Inland Wetlands" shall be as defined in N.J.A.C. 7:50-6.5.

Development Prohibited.

Exceptions For "Infill Wetlands."

Purpose. "Freshwater wetlands" play an integral role in maintaining the quality of life through material contribution to the water quality of Medford Township, its economy, food supply, and fish and wildlife resources by:

Development Prohibited.

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

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

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

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and

Prescribed burning and the clearing and maintaining of fire breaks.

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

For all other forestry applications: